US Department Of Transportation 

Federal Aviation Administration 

800 Independence Ave SW 

Washington DC 20591 

To whom it may concern: 

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

Act”) and 14 C.F.R. Part 11, Albatross Productions LLC (“Albatross Productions”), owner 

and operator of Small Unmanned Aircraft Systems (sUASs), equipped to conduct aerial 

photography and videography, requests to be exempted from the Federal Aviation 

Regulations (“FAR”) listed below such that Albatross Productions LLC may operate sUASs 

commercially, as 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. 

Albatross Productions is a video production company that specializes in promotional and 

informational videos for golf courses. As such, Albatross Productions would like to produce 

flyover videos of golf courses using sUASs. Currently, such videos are produced using 

helicopters, which, in addition to being exorbitantly expensive, and loud and disruptive to 

the golf-course environment, are much more likely to present a safety hazard to the 

camera crew and persons not involved in the production. Furthermore, the superior 

maneuverability of sUASs enable the creation of superior video content. 

Contents of this Petition: 

I) Name and Address of the Petitioner 

II) The Specific Sections of Title 14 of the Code of Federal Regulations From Which 

Albatross Productions Requests Exemption 

III) Description of sUAS 

IV) sUAS PIC 

V) sUAS Operation 

Appendix A – Statutes and the Relief Requested Therefrom 

Appendix B – Preflight Protocol 

Appendix C – Maintenance Checklist 

Appendix D – DJI S900 Manual

Appendix E – DJI Phantom 3 Manual 

Appendix F – Futaba 8FGS Manual

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I) Name and Address of the Petitioner: 

Albatross Productions LLC 

attn: Timothy Kerr 

6 Old Bethel Road 

Newtown, CT 06470 

Tel: (203) 903-4704 

Email: tim@albatross.productions

II) The Specific Sections of Title 14 of the Code of Federal Regulations From Which 

Albatross Productions Requests Exemption are: 

14 C.F.R. Part 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

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); 407 (a) (1); 409 (a) (2); 417 (a) & (b)

14 C.F.R. § 21.185

See Appendix A.

III) Regarding the Unmanned Aircraft System 

1. Albatross Productions intends to utilize two sUASs that are equipped with industrystandard safety features: 

The S900 is a lightweight (9.3 lb. total weight), manufactured by DJI. It possesses 

the following attributes: (i) an on-board flight computer with GPS navigation and 

location ability that receives signals for flight controls from a ground-based 

transmitter/controller; (ii) an on-board camera capable of capturing imagery in the 

form of full color, high definition still photos and video; (iii) an on-board telemetry 

system that delivers flight data from the on-board flight computer to the on-board 

radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight and direction back to its launch site; and (iv) a 2.4GHz on-board 

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radio transmitter that transmits live video from the on-board camera plus all the 

flight data from the telemetry system described above. These systems enable the 

craft to return to its launch location should the control signal be interrupted, or land 

safely in place should the charge in its battery be depleted. See Appendix D for 

more information on the S900.

The Phantom 3 possess the same operational and safety features as the S900, but 

in a smaller (2.82-lb) form factor. See Appendix E for more information on the 

Phantom 3.

2. Albatross Productions has created safety procedures for the use of the S900 and 

the Phantom 3 to ensure the safety of our employees, clients, and property. See 

Appendix B for the preflight protocol and Appendix C for the maintenance 

checklist. 

3. In the S900 flight system, the Radio Frequency (RF) that is used by the Futaba 

8FGS remote controllers for both the flight control of the sUAS and the on-board 

gimbal is 2.4 GHz. Both transmitters operate on different channels in the band, to 

avoid interference between the pilot and gimbal signals (see Pages 4 & 5 of 

Appendix F for statement of FCC compliance). 

Similarly, the Phantom 3 controller transmits at 2.4 GHz at a FCC-approved power 

of 20 dBm (see Page 57 of Appendix E for statement of FCC compliance). 

The PIC is in control of the sUAS at all times from takeoff to landing, and a Visual 

Observer (VO) is also present (in addition to the gimbal operator) to track the 

movement of the sUAS and ensure compliance with see-and-avoid requirements.

IV) Regarding the Unmanned Aircraft PIC 

4. Minimum requirements for the PIC include:

– Private Pilot’s license;

– A minimum of 100 flight cycles and 25 hours of total time as a sUAS rotorcraft 

pilot;

– A minimum of 2 hours as sUAS pilot with the make and model of sUAS to be 

utilized for operations under the exemption;

– Have undergone a qualification process involving the following:

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1. Ability to verbally repeat the flight protocol for all positions [PIC, GIM 

(Gimbal Operator), and VO] without error. 

2. Demonstrated ability to properly use all IOC modes. 

3. Demonstrated ability to take sUAS out of Failsafe Mode 

4. Demonstrated ability to perform maintenance for specific sUAS 

It is the PIC’s responsibility to ensure that ensure that the VO can perform the 

duties required of the VO prior to flight, and the VO must maintain verbal 

communication with the PIC at all times. The flight team will communicate by voice 

and the use of two-way radio if the area is too large to hear voice from all team 

members. 

5. The PIC would be required to hold a Class III Medical Certificate.

V) Regarding the Operation of the Unmanned Aircraft 

6. The sUAS will be operated within a secure environment, which no one will be 

allowed to enter unless they are: (i) part of the operation, (ii) have been fully briefed 

of the risks prior to operation of the sUAS, and (iii) have consented to the risks 

associated. In the case of an incident, the sUAS being flown pose significantly less 

of a threat than the helicopters and fixed wing aircraft now being employed 

because they are a fraction of the size (less than 55 lbs.), carry no flammable fuel 

and do not carry crew or passengers. This is in stark contrast to conventional 

aircraft that are flown to the site, carry flammable liquid fuel, carry passengers and 

crew and operate in a much larger area. 

 Operations will be restricted to flights over property with the permission of the 

property owner. All required permits will be obtained from state and local 

government prior to operation. No flight may be made without a Pre-Flight 

Inspection by the PIC before each operation to ascertain that the sUAS is in a 

condition safe for flight (see Appendices B & C). 

7. The sUAS may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

Operations will be restricted to day only and weather conditions equivalent to VFR, 

meaning that no operations will be conducted at night.

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 All operations must occur in FAA Class G airspace at no more than 400 ft AGL, and 

the PIC will keep the craft at a distance consistent with VLOS flight, unaided except 

by corrective lenses. 

 The S900 will be operated at speeds no greater than 11.5 knots vertically, and 31 

knots laterally. 

 The Phantom 3 will be operated at speeds no greater than 9.5 knots ascending, 5.5 

knots descending, and 31 knots laterally. 

8. As previously stated, Albatross Productions specializes in video production for golf 

courses. The intended use for sUASs under this exemption is primarily to produce 

flyover videos of golf holes, with the express permission of the property owner and 

in places where no persons would be present. The flight paths would not extend 

beyond the envelope of the client’s property. In the case of flights closer than 500 

feet from structures or people’s vehicles, explicit permission from the vehicle and 

property owners will be obtained. 

 Albatross Productions may also use sUASs to document properties on the real 

estate market, but only if the above mentioned operating parameters can be 

maintained. 

9. sUAS operations will not be conducted within 5 nautical miles of an airport 

reference point (ARP), unless a letter of agreement with that airport’s management 

is obtained or permission is otherwise obtained by a COA issued to Albatross 

Productions. 

10. All sUAS operations will be conducted under VLOS: the sUAS will not fly beyond 

the PIC’s unaided vision, and the VO will remain in constant verbal communication 

with the PIC (by two-way radio if necessary) so that the sUAS is always under 

visual observation, even when the PIC breaks visual contact to check flight data on 

the heads up display. 

11. For Albatross Production’s preflight protocol, see Appendix B. 

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Appendix A 

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14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

This section establishes the procedural requirements for the issuance of an airworthiness 

certificate. Given the size and limited operating area associated with the aircraft to be 

utilized by Albatross Productions, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform 

Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of 

these criteria demonstrates that the sUAS operated without an airworthiness certificate, in 

the restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the restrictions and conditions proposed. 

All of the sUASs to be operated hereunder are less than 55 lbs. fully loaded, carry neither a 

pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate 

exclusively within a secured area as set out in the Appendix B. 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 inspections. These safety enhancements, which already apply to civil aircraft 

operated in connection with power generation inspections, provide a greater degree of 

safety to the public and property owners then 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’s, due to their size, speed of 

operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

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

The regulation requires: 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 

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inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable. 

Even though the sUAS will have no airworthiness certificate, an exemption may be needed 

as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the words 

"limited," "restricted," "light-sport," "experimental," or "provisional," can be placed. Given 

the size of the sUAS, two-inch lettering will be impossible. The word "experimental," may 

be placed on one of the rotor arms of each sUAS, in compliance with §45.29 (f). The 

equivalent level of safety will be provided by having the sUASs marked on their rotor arm 

as required by §45.29 (f) where the pilot, observer and others working with the sUAS will 

see the identification of the sUAS as "experimental." 

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 

8738, 10167 and 10167A. 

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Albatross 

Productions intends to employ a team of highly-trained staff to conduct the sUAS 

operations; however, these individuals will not hold commercial pilot licenses. The 

employees’ operation of the sUAS will not be incidental to their employment with Albatross 

Productions, and they will be compensated for such work. Without an exemption, the pilot 

would be required to hold a commercial pilot certificate under §61.133. However, the risk 

associated with the contemplated operations is less than the risk posed by a traditional 

aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil 

aircraft, eliminating the risk to other aircraft, and over land owned solely by Albatross 

Productions’ clients. Accordingly, the risk would be limited to those who are directly 

involved with the production, who will be appropriately trained, and Albatross Productions’ 

client’s property below the sUAS. Requiring a commercial pilot certificate would provide no 

appreciable safety benefit and would needlessly impose additional cost on Albatross 

Productions. Because the contemplated operations would not comply with §61.113(b)(1) 

and none of the other exceptions to paragraph (a) apply, relief is needed from both 

paragraphs (a) and (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

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exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the Appendices A & B for 

maintenance and use of safety check lists prior to each flight, an equivalent level of safety 

will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) 

provides:

No person may operate a U.S.-registered civil aircraft: 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. 

The sUASs, given their size and configuration have no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot flying the sUASs will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

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

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided 

for the aircraft an exemption will be needed. An equivalent level of safety will be provided 

by following the The PIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation 

of flight. 

14 C.F.R. §91.109: Flight instruction: 

Section 91.103 provides that 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. 

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sUASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The 

equivalent level of safety provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a sUAS, that is a multi-rotor VTOL, and the 

exemption requests authority to operate at altitudes up to 400 ft. AGL, or not more than 

200 ft. above an elevated platform from which operations are planned, an exemption may 

be needed to allow such operations. The sUAS will never operate at higher than 400 ft. 

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 sUASs 

as well as the location where they will be operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected individuals will be aware 

of the planned flight operations as set forth in the Appendix B. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 55 lbs. 

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 

400 ft. AGL in the power generation industry. In addition, the low-altitude operations of 

the sUASs will ensure separation between these sUAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the sUAS may not have a 

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barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the Appendix B, 

confirming a zero-AGL altitude of the launch site shown on the GPS altitude indicator 

before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “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.” 

The batteries powering Albatross Productions’ S900 sUAS provide approximately 15 

minutes of powered flight time, and those of the Phantom 3, 25 minutes. Thus, it is 

impossible to meet the 30 minute reserve requirement in 14 CFR §91.151. Given that this 

limitation would prohibit the flight of the sUASs, a shorter time frame for flight in daylight or 

night VFR conditions is reasonable. 

Albatross Productions believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation 

to operate without compliance with FAR 91.151 (a)). Operating the sUAS, in a tightly 

controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the sUAS. 

Albatross Productions believes that an equivalent level of safety can be achieved by 

limiting flights to 25% of battery power. This restriction would be more than adequate to 

return the sUASs to their planned landing zone from anywhere in their limited operating 

area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

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(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(1) An appropriate and current airworthiness certificate. . . . (b) No person may operate a 

civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or 

a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

All of Albatross Productions’ sUASs fully loaded weigh no more than 55 lbs and are 

operated without an onboard pilot. As such, there is no ability or place to carry certification 

and registration documents or to display them on the sUASs. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 

9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

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

These regulations require that an aircraft operator or owner “shall have that 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...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Albatross Productions. Maintenance will be 

accomplished by Albatross Productions pursuant to the flight manual and operating 

handbook as referenced in each sUAS’ manual. (See Sections L and Q of each manual in 

Appendices D and E). An equivalent level of safety will be achieved because these sUASs 

are very limited in size and will carry a small payload and operate only in restricted areas 

for limited periods of time. If mechanical issues arise the sUAS can land immediately and 

will be operating from no higher than 400 feet AGL. As provided in Appendices B & C, 

Albatross Productions will ensure that every sUAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

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14 C.F.R. § 21.185: Airworthiness Certificate

Albatross Productions seeks relief from the airworthiness certificate requirements of the 

Federal Aviation Regulations and proposes to commercially operate the DJI S900 and 

Phantom 3, without an airworthiness certificate, for the special purpose of engaging in 

aerial photography, videography, and 3D mapping services for its customers, pursuant to 

specific operating limitations and a Safety Management System (“SMS”). Albatross 

Productions seeks relief from the airworthiness certificate requirements of 14 C.F.R. § 

21.185 to the extent that the DJI S900 and Phantom 3, which have not yet been type 

certificated by the FAA, may be operated as if they were a restricted category aircraft for 

special purpose operations (i.e., aerial aerial photography, videography, and 3D mapping). 

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

Albatross Productions seeks relief from the airworthiness certificate requirements of the 

FAR because operation of the DJI S900 and Phantom 3 will not create a hazard to users of 

the NAS, or the public, or otherwise pose a threat to national security. Section 333 sets 

forth the requirements for considering whether a sUAS will create a hazard to users of the 

NAS or the public or pose a threat to national security. Further, Section 333 provides the 

authority for such sUAS to operate without airworthiness certification.

Specifically, Section 333 states the following, in part: 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum-- 

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace system or 

the public or pose a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification 

under section 44704 of title 49, United States Code, is required for the operation of 

unmanned aircraft systems identified under paragraph (1) set forth below, numerous 

factors, including the proven safe operational history of the DJI S900 and Phantom 3 in 

the NAS, as well as the specific parameters of Albatross Productions’ intended operation 

pursuant to this exemption, demonstrate that the DJI S900 and Phantom 3 have in the 

past, and will continue in the future, to operate safely in the NAS without creating a hazard 

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to other aircraft or people on the ground. Accordingly, the FAA may approve operation of 

the DJI S900 and Phantom 3, without an airworthiness certificate, by setting forth specific 

operating limitations to ensure a level of safety equivalent to what would be provided by 

airworthiness certification. 

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