David Varhol

184 Paley Farm Road

Portland, CT 06480

david.varhol@gmail.com

November 3, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE 

Washington, DC 20590

Re: Request for exemption under Section 333 from 14 CFR Part 21, Subpart H; 14 CFR 61.113 

(a) and (b); 14 CFR 91.109; 14 CFR 91.119 (c); 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR

91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 

(a) and (b)

Dear Sir or Madam:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, I, David Varhol (“Petitioner”) hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial use of Small Unmanned Aircraft Systems 

(“SUAS”), 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.

An exemption is being requested because (1) existing regulations will burden the Petitioner, (2) 

Petitioner can provide a level of safety that is equal (or greater than in many cases) to those 

provided by existing rules and (3) the request is in the public interest. The FAA’s authority to 

issue exemptions from operating rules, and the Secretary’s authority granted by Section of 

P.L.112-95, Special Rules for Certain Unmanned Aircraft Systems provide an opportunity to 

authorize certain SUAS operations in the National Airspace System (“NAS”) prior to 

implementation of the SUAS rule. This incremental step will allow the Petitioner’s SUASs to 

safely and legally enter into the NAS.

As described in detail below, the requested exemption would permit the Petitioner to operate 

SUASs under controlled conditions in airspace that is (1) limited, (2) predetermined, (3) 

controlled as to access, and (4) would provide safety enhancementsto the already safe operations 

of those aircraft of similar size, weight, speed, and operating capability that have been granted 

entry into the NAS via the rules in the Academy of Model Aeronautics (AMA) National Aircraft 

Safety Code

1

. Approval of this exemption would thereby greatly enhance safety and fulfill the 

Secretary of Transportation’s(the Secretary responsibilitiesto “...establish requirements for the 

safe operation of such aircraft systems in the national airspace system”) per Section 333 (c) of

1 See the attached “AMASafteyCode.pdf”document.
the Reform Act.

Petitioner is requesting exemption from the following regulations:

14 CFR Part 21, Subpart H

14 CFR 61.23 (a)

14 CFR 61.113(a) and (b)

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 91.407(a) (1)

14 CFR 91.409(a) (2)

14 CFR 91.417(a) and (b)

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 to consider whether 

certain unmanned aircraft systems may operate safely in the 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, to the public, or pose a threat to national security.

Section 333 of the reform Act grants the Secretary authority to determine (1) if an unmanned 

aircraft system, as result of its size weight, speed, operational capability, proximity to airports

and populated areas, and operation within visual line of sight (VLOS) does not create a hazard to 

users of the NAS or the public or pose a threat to national security, and (2) whether a certificate of

waiver, certificate of authorization, or airworthiness certification under 49 USC 44704 is required

for the operation of civil (non-governmental) UASs. Therefore, 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.

2

2 The Petitioner interprets this provision to	place the duty on the Secretary to	not only process applications	

for exemptions under section 333 of the Reform Act, but for the Secretary to	craft conditions for safe
Operational Overview

Currently, unmonitored amateur hobbyists with no safety plan or controls in place to prevent 

catastrophe legally operate similar lightweight, remote controlled SUASs. The Petitioner has 

personally instilled safety protocols and controls to further avoid and prevent public hazard, as 

well as manned aircraft hazards and catastrophe.

The Petitioner’s current and anticipated SUASs are quad copters, weighing 5 or fewer pounds 

(including payload). The SUASs have the capability to hover and move in the vertical and

horizontal planes simultaneously. They will operate only in visual line of sight (VLOS) and will 

operate only in tightly controlled and limited airspace. They are capable of operating at speeds

of up to 30 knots, but will be routinely operated at much lower speeds. They will be operated 

below 400 feet above ground level (AGL), and never above 400 feet AGL.

The Petitioner’s exemption request would permit commercial operation of the Petitioner’s SUAS 

for commercial aerial photography and videography in tightly controlled and limited airspace. 

Aerial photography and videography services will be offered to individuals, business owners, 

homeowners, realtors, home builders, contractors and/or home inspectors for use in, promotional 

aerial photography and videography, real estate marketing and safer inspections of home exteriors. 

All operations will be conducted on private and/or controlled access property and with the written 

and/or oral permission of the property owner(s)/operator(s). Operation will always be conducted 

in areas that are clear of all people, except the pilot in command (PIC), the PIC’s helper(s) and 

individuals that are directly involved in the photography/videography production. Such operation 

will ensure that the SUAS will “not create a hazard to users of the national airspace system or the

public”.

3

Granting the Petitioner’s request comports with the Secretary of Transportation’s(FAA 

Administrator’s) responsibilities and authority to not only integrate SUAS's into the national 

airspace system, but to “...establish requirements for the safe operation of such aircraft systems 

[SUAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the 

use of SUAS's for Cinematography/Photo purposes. Further, the Petitioner will conduct 

operations in compliance with the protocols described herein or as otherwise established by the 

FAA.

For the reasons stated below the Petitioner respectfully request the grant of an exemption 

allowing the Petitioner to operate ultra lightweight, remote controlled SUAS’s for community 

awareness to benefit/stimulate attraction to the Connecticut area and to enhance real estate listing

videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Both

of which will promote local economic growth through increased employment and increased tax 

base. Both with public safety in mind by keeping heavier manned aircraft containing combustible

fuel that poses potential public hazard.

operations of SUAS, if it should be determined that the conditions set forth herein do	not fulfill the statutory	

requirements for approval. 3 Reform Act Section 333 (b)
Aircraft

The Petitioner operates the Phantom 3 Pro SUAS manufactured by DJI. The Phantom 3 Pro’s

diagonal size is 23.2 in, it has a gross flying weight of 1280g. Pilots can control the Phantom 3 

Pro’s movements in many directions – including pitch (forward and backward), roll (left and 

right), elevator (up and down), and yaw (turn left or right). The built-in GPS system aids in 

stabilizing the aircraft and will automatically return it back to its home position if communication

between the remote control and quad copter are lost.

The Phantom 3 Pro is controlled with the included transmitter that utilizes the same spectrum

2.4GHz technology preferred by RC experts the world over. This advanced signal processing

technology provides superb range and interference protection, especially in ‘noisy’ 

environments where a lot of 2.4GHz systems are in use at the same time.

The Phantom 3 Pro is specially programmed for capturing aerial video and images. Both feature

self-leveling and use GPS and altitude sensors to precisely hold position in a hover.

The Return Home function will automatically land at the home position. This feature can be 

activated at any time with the press of a button. When activated, the Phantom 3 Pro will

automatically fly itself back to the place its motors were first started and land without any help

from the pilot.

As an added safety feature, the Phantom 3 Pro operates within geo-referenced flight boundaries.

Out of the box, its boundaries are set at 100 meters from and 50 meters above the point where the 

motors were started.

The Inertial Measurement Unit (“IMU”) has a built-in inertial sensor and a barometric altimeter 

that measures both attitude and altitude. The inertial measurement tells the Phantom 3 Pro how

it’s tilted, and the gyros tell it if it’s rotating in any particular direction.

The Phantom 3 Pro’s compass reads geomagnetic information and assists the GPS to

accurately calculate the position and height of the aircraft.

The Phantom 3 Pro has LED flight indicators beneath each of its four rotor arms and in the

rear. The LEDs illuminate to indicate the status of the flight control system and alert the PIC

of any possible issues.

Such highly advanced capabilities will ensure that the SUASs can be safely operated and “not

4 See attached Phantom_3_Professional_User_Manual_v1.2_en.pdf

5 http:// http://www.dji.com/product/phantom-3	
create a hazard to users of the national airspace system or the public.”

6

Equivalent Level of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient aerospace system 

in the world and to minimize the risk to the NAS or to persons and property on the ground, the 

Petitioner agrees to be bound by the following limitations and conditions when conducting 

commercial operations under an FAA issued exemption:

1. For the purposes of ensuring SUASs will be operated within the standards that the FAA

has allowed in the AMA National Model Aircraft Safety Code:

a. SUASs will not be flown:

• In a careless or reckless manner.

• At a location where SUAS activities are prohibited.

2. SUAS pilots will:

a. Yield the right of way to all human-carrying aircraft.

b. See and avoid all aircraft and a spotter must be used when appropriate.

7

c. Not fly higher than 400 feet above ground level or within three (3) miles of an 

airport without notifying the airport operator.

d. Not interfere with operations and traffic patterns at any airport, heliport or 

seaplane base except where there is a mixed-use agreement.

e. Not exceed a takeoff weight of 55 pounds (including payload).

f. Ensure the aircraft is identifiable by affixing the owner’s contact information 

to the outside of the SUAS.

g. Not operate SUASs while under the influence of alcohol or while using any 

drug that could adversely affect the PIC’s ability to safely control the model.

h. Not operate SUASs carrying pyrotechnic devices that explode or burn, or any 

device which propels a projectile or drops any object that creates a hazard to 

persons or property.

3. SUASs will not be flown unless:

6 Reform Act Section 333(b) 7 AMA Document #540-D
a. The aircraft, control system and pilot skills have successfully demonstrated all 

maneuvers intended or anticipated prior to the specific event.

b. An inexperienced pilot is assisted by an experienced pilot.

4. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or 

structures and shall avoid endangerment of life and property of others.

5. A successful radio equipment ground-range check in accordance with manufacturer’s 

recommendations will be completed before the first flight of a new or repaired model 

aircraft.

6. SUASs must use the radio-control frequencies currently allowed by the Federal

Communications Commission (FCC).

7. SUASs will not knowingly operate within three (3) miles of any pre-existing flying site 

without a frequency-management agreement.

8

8. Excluding takeoff and landing, no SUASs may be flown outdoors closer than 25 feet to 

any individual, except for the PIC and the PIC's helper(s) located at the takeoff site.

9. Under no circumstances may a pilot or other person touch a SUAS in flight while it is 

still under power, except to divert it from striking an individual.

10. The PIC of the SUAS shall:

a. Maintain control during the entire flight, maintaining visual contact without 

enhancement other than by corrective lenses prescribed for the pilot.

b. Fly using the assistance of a camera or First-Person View (FPV) only in 

accordance with the procedures outlined in AMA Document #550.

c. Fly using the assistance of autopilot or stabilization system only in accordance 

with the procedures outlined in AMA Document #560.

11. The flying area must be clear of all utility wires or poles and an SUAV will not be flown 

closer than 50 feet to any above-ground electric utility lines.

12. The flying area must be clear before the engine is started, except for PIC and the PIC's 

helper(s).

B. In addition to the above rules outlined by the AMA National Model Aircraft Safety Code and 

in an effort to enhance the safety offered by the already safe operations mentioned above, the 

Petitioner also agrees to be bound by the following limitations and conditions:

8 AMA Documents #922 and #923
1. Flights will be operated within VLOS of the PIC.

2. Maximum total flight time for each operational flight will be 25 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

3. The SUAS will only operate in tightly controlled and limited airspace.

4. A briefing will be conducted in regard to the planned SUAS operations prior to each 

flight. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing.

5. The PIC and the PIC’s helper(s) will have been trained in operation of SUAS and 

received up-to-date information on the particular SUAS to be operated.

6. The pilot and the PIC's helper(s) will at all times be able to communicate by voice.

7. If the SUAS loses communications or loses its GPS signal, the SUAS will have capability 

to return to a pre-determined location within the security perimeter and safely land.

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

emergencies.

9. All flights will be conducted on private property and with the written and/or oral 

permission of the property owner(s).

10. Flights will always be conducted in areas that are clear of all people, except for the PIC

and the PIC's helper(s).

11. All flights will be conducted outdoors in visual meteorological conditions (VMC) and 

never during severe weather conditions.

12. Flights will not occur in weather conditions that prevent the PIC from operating within 

visual line-of-sight (VLOS) at all times or in weather conditions that dramatically affect 

the SUAS’s flight (e.g. high winds).

13. If an operation occurs in an area where people could inadvertently enter the area, an 

operational border will be established with traffic cones. If it’s not feasible to use traffic 

cones due to interference with the photography/videography, the PIC's helper(s) will be 

responsible for keeping a safe perimeter around the operation. The operation will cease 

immediately and be rescheduled if it’s impossible to establish a safe perimeter around the 

operation.

14. The PIC will be responsible for logging all flights to ensure the comprehensive 

preventative maintenance plan can be followed, as described in the “Preventative 

Maintenance” section below.
15. The SUAS will not be routinely operated in the proximity of any airports. In any cases 

where the SUAS must be operated within three (3) miles of an airport, the airport 

operator will be notified before the operation commences.

The operation of SUASs, weighing less than 3 lbs., conducted in the strict conditions as outlined 

above, will provide an equivalent level of safety supporting the grant of exemptions requested 

herein, including exempting the Petitioner from the requirements of Part 21 and allowing 

commercial operations.

These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly controlled 

environment. As a result, they offer a much safer way to capture aerial photography and 

videography. Furthermore, the proposed operations represent a safety enhancement to the already

safe operations that have been granted by the FAA for the establishment of the AMA National

Model Aircraft Safety Code.

Preflight Plan

The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in a 

condition for safe flight. This plan will be improved as needed in order to ensure all known 

safety precautions and/or safety precautions suggested by the manufacturer are being accounted 

for.

A. Pre-flight Inspection

1. Check that the transmitter, UAS and camera batteries are all fully charged.

2. Verify that the UAS battery is not swollen or damaged in any way.

3. Turn the motor shafts with your fingers and verify that are smooth without 

excessive play or binding.

4. Verify that the propellers are mounted correctly and free from signs of 

damage.

5. Run finger along the edge of blade to check for any rough edges.

6. Flex both sides of the propellers’ blades to check for hairline cracks where the 

blades connect in the center of the propeller.

7. Verify that the landing gear is secure and free from damage, broken or loose.

8. Verify that the camera is secure and clean. Inspect the camera connections 

and gimbal for tears and/or signs of wear.

9. Verify that the damping absorbers are not broken and/or worn.

10. Verify that the Micro-SD card has been inserted and formatted.
11. Verify that the smartphone’s Wi-Fi is enabled.

12. Set the smartphone to do-not-disturb mode to prevent distractions while 

flying.

13. Set the smartphone to forget any Wi-Fi networks in range in order to prevent 

the Wi-Fi connection from changing mid-flight.

B. Power Up

1. Power on the transmitter with the flight mode set to the appropriate setting, 

the throttle stick down and the throttle trim at neutral.

2. Install a charged battery in the UAS, plug it in and close the hatch.

3. Wait for the GPS signal to be acquired, which is indicated by a solid LED. It 

may take from 30-90 seconds to acquire a GPS signal.

4. Move the aircraft to the desired home location and orient the aircraft pointed 

away from the pilot.

5. Step back approximately 15 feet (5 meters) from the home location. 

C. Ready to Fly

1. Power on camera and acquire Wi-Fi signal on smartphone.

2. Once smartphone has acquired Wi-Fi signal start camera app.

3. Verify that the aircraft still has GPS lock.

4. Start the motors.

5. Verify that the motors are functioning normally, are not making any unusual 

noises, and are all spinning the same speed.

6. Verify that the area is still clear of obstructions, people, power lines, etc.

7. Take off and hover about 6-8 feet above the takeoff point to verify that the 

aircraft still has a solid GPS lock. If any abnormalities are noticed (drifting, 

flying in circles, etc.), land immediately and repeat the “Pre-flight Inspection” 

and Power Up” sequences.

8. Verify that the aircraft holds a steady position while yawing 360 degrees.

9. Verify that the aircraft responds appropriately to all controls – yaw, pitch, roll 

and throttle.

D. After Flight
1. Turn off the power switch on the aircraft.

2. Turn off the power to your transmitter.

3. Unplug and remove the battery from the aircraft.

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in accordance with the 

manufacturer’sspecifications to ensure the SUAS’s software is up-to-date, the batteries are in 

good health, and the aircraft itself is always ready for safe flight

9

.

Pilot in Command (PIC) Qualifications

The PIC does not currently hold an airman certificate or medical certification. Since the SUAS 

is similar in size, weight, speed, and operating capability as those currently allowed to be flown 

for hobby/recreation, holding the PIC to those same set of standards will allow for an equivalent 

level of safety.

It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing 

aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, operating at 400 feet 

AGL or lower, within strictly controlled pre-approved airspace. Since there are no standards for 

either private or commercial SUAS pilot certificates, knowledge of airspace regulations and 

dexterity in the control and operation of the SUAS acquired from actual operation of the aircraft 

will be the most important factors in establishing an equivalent level of safety.

The PIC would be required to successfully complete an FAA approved ground training course 

and be required to do the following prior to the first commercial flight:

A. Perform 50 flights or log 20 hours of flight time (the greater of the two) with the

SUAS that will be piloted.

B. Successfully learn and demonstrate all flight maneuvers in the “DJI Phantom Pilot

Training Guide”

10

C. Study and be familiar with all sections of the User’s Manual of the SUAS that 

will be piloted.11

With that in mind, the Petitioner proposes that its PIC be entitled to apply for, and receive a 

temporary license certificate, renewable until the FAA creates an “unmanned aircraft certificate 

with SUAS rating”.

Public Interest

Granting this exemption would benefit the public as a whole. SUASs offer a strong equivalent

9 See “Flight” on page 39 of the of the attached “Phantom_3_Professional_User_Manual_v1.2_en.pdf” 10 See the attached “Phantom_3_Professional_User_Manual_v1.2_en.pdf” 11 See the attached “Phantom_3_Professional_User_Manual_v1.2_en.pdf”
level of safety, a reduction in environmental impacts, and are free from the harmful emission 

associated with the manned aircraft that are currently used for aerial photography and 

videography. Due to the size of the SUAS and the tightly controlled and limited airspace in 

which the SUAS will operate, approval of this application presents no risk to the public. 

Furthermore, the public will be able to legally acquire aerial photography and videography to help 

in, but not limited to, advertising homes for sale, advertising uninhabited homes, lots, use of 

photos and video as an aid when researching homes for sale on the market, or safely accessing 

high and/or awkward areas of home exterior to assess damage that needs to be repaired.

Privacy

Since the areas being photographed or filmed will be on private property, accessed only after 

given written and/or oral consent by the property owner(s), and clear of all people, except for the 

PIC and the PIC’s helper(s), approval of this application presents no risk to the public privacy.

National Security

Due to the size of the SUAS and the tightly controlled and limited airspace in which the SUAS

will operate, approval of this application presents no risk to national security.

Requested Exemptions

Petitioner requests exemption from the following regulations since it’s not possible to fully 

comply with them, and since attempting to follow them for the purposes of operating a SUAS 

would be a burden:

Airworthiness Certificates - 14 CFR Part 21, Subpart H

Subpart H establishes the procedural requirements for the issuance of airworthiness certificates as

required by FAR 91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by the Petitioner, 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 USC 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 

operating with an airworthiness certificate without the restrictions and conditions proposed.

Medical certificates - 14 CFR 61.23 (a)

This regulation requires pilots of manned aircraft to hold a medical certificate. Since risks 

associated with the operation of the proposed SUAS are so diminished from the level of risk 

associated with any manned aircraft; the SUAS is of a size, weight, speed, and operational 

capabilities which makes it much safer than any manned aircraft; since operations will occur in 

tightly controlled and limited airspace; and considering that all operations will be on 

private/controlled access property that is clear of all people, obtaining and maintaining a medical
certificate would not improve the safety of the operation. In the very rare case of a mishap, the

SUAS being flown will pose significantly less of a threat than manned helicopters and fixed

wing aircraft because the SUASs are a fraction of the size, a fraction of the weight, will be flown 

at a fraction of the speed, carry no flammable fuel, and carry no crew or passengers.

Private pilot privileges and limitations: Pilot in command - 14 CFR 61.113 (a) and (b)

These regulations limit private pilots to non-commercial operations. Because the SUAS will not 

carry a pilot or passengers; due to the SUAS’s size, weight, speed, and operational capabilities; 

and since operations will occur in tightly controlled and limited airspace, the proposed operations 

can achieve the equivalent level of safety of current operations that currently require a commercial 

pilot’s license.

The FAA has determined that the airmanship experience of a commercially certificated pilot 

would not correlate to the airmanship skills necessary for the petitioner’s specific proposed 

operations of a SUAS.

Although the FAA does not possess the authority to exempt the Petitioner from the statutory 

requirement to hold an airman certificate, as prescribed in 49 USC Section 44711, it does possess 

the authority under 14 CFSR 61.17 (a) to grant a temporary pilot certificate or rating, and in 

accordance with 14 CFSR 61.13 (4) the Administrator must issue an airman certificate “... to an 

applicant who satisfactorily accomplishes the training and certification requirements for the 

certificate, rating, or authorization sought, is entitled to receive that airman certificate, rating, or 

authorization.”

With regard to the Petitioner’s PIC training program, the Petitioner has proposed that prior to the 

first commercial operation the PIC be required to perform the grater of 50 flights or 20 hours of 

flight time in the Phantom 3 Pro, as well as successfully demonstrate flight maneuvers specified

in the Phantom Pilot Training Guide and study and be familiar with the Phantom 3 Pro manuals

identified in the petition.

In its proposed regulations, the FAA states that it will create a new “unmanned aircraft operator 

certificate with a small UAS rating.” This certificate would be required before a person could 

legally operate a commercial UAS. To obtain this new certificate, an operator—who would need 

to be at least 17 years old—would have to pass an aeronautical knowledge test at an FAAapproved testing center. The applicant would also have to pass a security screen conducted by

the Transportation Security Administration.

Given the above, the FAA must determine the appropriate level of pilot certification for the 

Petitioner’s proposed operation: 1) There are currently no standards for either private or 

commercial UAS pilot certificates, 2) the FAA has found that it cannot be assumed that a 

commercial pilot, approved to operate a manned helicopter or fixed wing aircraft, has the skill or 

ability to safely operate an unmanned aerial vehicle, operating at 400 feet AGL or lower, within 

strictly controlled pre-approved airspace, 3) to require the Petitioner to obtain a certificate rating 

equal to what’s required to operate a manned aircraft creates a burden and places undue economic

hardship on the Petitioner. Therefore, the Petitioner is hereby seeking the Secretary’s approval to 

apply for, and receive a temporary license certificate, renewable until the FAA
creates an “unmanned aircraft certificate with SUAS rating”.

Because a temporary pilot certificate is subject to the same security screening by the Department

of Homeland Security that all certified airmen undergo, the proposed operations can achieve the 

equivalent level of safety of recently approved Section 333 exemptions, operations that do not 

significantly differ from that of the Petitioner, that currently require a private pilot certificate.

Flight instruction - 14 CFR 91.109

This regulation 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.

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. 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.

Minimum Safe Altitudes – 14 CFR 31.119 (c)

This regulation prescribes safe altitudes for the operation of civil aircraft and specifies that over 

sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, 

vessel, vehicle, or structure. It allows helicopters to be operated at lower altitudes in certain 

conditions. The Petitioner’s SUASs will never operate at an altitude greater than 400 feet AGL. 

Since the typical mission of the Petitioner’s SUASs would be to photograph/video structures it 

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

conducted over property where permission has been obtained and at a distance greater than 30 

feet of any consenting individual, and only after careful pre-planning has been performed.

Further, the SUAS will operate at a very slow airspeed, and a low mass, and do not need as much 

space to operate safely, as outlined in 91.119. Given the Petitioner will only operate his UASs in 

safe areas away from public and traffic, thereby providing a level of safety at least equivalent to 

those in relation to minimum safe altitudes, and due to the size, weight, maneuverability and speed

of the Petitioner’s UAS, an equivalent or higher level of safety will be achieved.

Altimeter settings - 14 CFR 91.121

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 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 by confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight.

Fuel Requirements for Flight in VFR Conditions - 14 CFR 91.151 (a)

This regulation 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 battery powering the proposed SUAS provides approximately 15 minutes of powered flight. 

That would make it impossible to meet the 30 minute reserve requirement. Given the limitations 

on the SUAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or night VFR conditions is 

reasonable.

An equivalent level of safety can be achieved by limiting flights to 10 minutes or 30% of battery 

power (whichever occurs first). This restriction would be more than adequate to return the SUAS 

to its planned landing zone from anywhere in its limited operating area.

Maintenance Inspections - 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1);

14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b)

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. The operator, pursuant to the manufacturer’s user manual and guide 

will accomplish maintenance. An equivalent level of safety will be achieved because these small 

SUASs are very limited in size, 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 outlined in the aforementioned Pre-flight 

Plan, the operator will ensure that the SUAS is in working order prior to initiating flight and 

perform maintenance as required. 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.

In accordance with 14 CFR Part 11, the following summary is provided for publication in 

the Federal Register:

The Petitioner seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR

61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR 91.405 (a); 14

CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) to 

commercially operate small unmanned aircraft systems (55 lbs. or less) in order to safely and 

legally capture aerial photography and videography for use by homeowners, realtors, home 

builders, home contractors, and/or home inspectors.

The operation of SUASs conducted in the strict conditions outlined above, will provide an 

equivalent and/or greater 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. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile
environment, and as a result, are far safer than existing operations conducted with helicopters 

operating in close proximity to the ground, people, or other buildings in the vicinity. Given the 

small size of the SUASs involved, the slow speed at which they must be operated in order to 

capture photos and videos, and the restricted environment within which they will operate, the 

Petitioner demonstrates that it can be operated within an equivalent level of safety in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of SUASs 

to commence immediately. Also, due to the size of the SUASs and the restricted areas in which 

the relevant SUASs will operate, approval of this application presents no threat to national 

security.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, the strong equivalent level of safety surrounding the proposed operations, the 

significant public benefit – including enhanced safety, reduction in environmental impacts, no 

emissions, ability to legally obtain aerial photography and videography services – the grant of

the requested exemptions is in the public interest. Accordingly, the Petitioner respectfully 

requests that the FAA grant the requested exemption without delay.

Satisfaction of the criteria provided in Section 333 of the Reform Act – size, weight, speed, 

operating capability, proximity to airports and populated areas, operation within the visual line of 

sight, public safety, and national security – provide more than adequate justification to grant the 

Petitioner the requested exemption, allowing for commercial operations as described herewith.

Respectfully submitted,

David Varhol, 

Petitioner