In the Air Imaging 

1605 Kavanaugh Blvd

Little Rock, AR 72205

501.240.2015

itaimaging@gmail.com

April 7, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, 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 91.121; 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 (the Reform 

Act) and 14 CFR Part 11, In the Air Imaging, hereafter “ita imaging”, hereby applies for an 

exemption from the listed Federal Aviation Regulations (FARs) to allow commercial use of its 

Small Unmanned Aircraft Systems (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 3331. 

An exemption is being requested because (1) existing regulations will burden ita imaging (2) ita 

imaging 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 333 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 ita imaging to safely and 

legally enter into the NAS. 

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

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

as to access, and (4) would provide safety enhancements to 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 Academy of Model Aeronautics (AMA) National Aircraft 

Safety 

 

1

This document was patterned off the petition for exemption filed by Singer’s Creations.
April 1, 2015

Page 2

Code2. Approval of this exemption would thereby greatly enhance safety and fulfill the Secretary 

of Transportation’s (the Secretary) responsibilities to “...establish requirements for the safe 

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

Reform Act. 

ita imaging 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 91.121

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a)(1) 

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 a 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 (nongovernmental) UASs. Therefore, if the Secretary 

determines that such vehicles “may operate safely in the national airspace system, the 

 

2

See the attached “AmaSafetyCode.pdf” document.
Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system”.3 

April 1, 2015 

Page 3

Operation Overview

ita imaging’s SUASs are quadcopters, weighing 4 or fewer lbs. (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 29 knots, but will be routinely 

operated at much lower speeds. They will routinely be operated below 200 feet above ground 

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

ita imaging exemption request would permit its commercial operation of SUAS for aerial 

photography and videography in tightly controlled and limited airspace. Aerial photography and 

videography services will be offered to homeowners, realtors, home builders, land owners, 

and/or home inspectors for use in, but not limited to, real estate marketing and safer inspections 

of home exteriors. All operations will be conducted on private property and with the written 

and/or oral permission of the property owner(s). Operations will always be conducted in areas 

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

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

system or the public”4.

Aircraft 

ita imaging operates Phantom 2 Vision+5(Phantom) SUASs manufactured by DJI, a wellknown leader in quadcopter technology. DJI strives to bring new perspectives to aerial work and 

help companies accomplish feats safer, faster, and with greater efficiency. They have an 

unparalleled commitment to R&D, a culture of constant innovation, and a focus on transforming 

complex technology into easy-to-use devices. 

The standard Phantom quadcopter package includes the Phantom itself, camera, gimbal, 

propulsion system, flight control system, 5.8 GHz remote controller, and 2.4 GHz Wi-Fi 

communication system. The remote uses a 5.8 GHz frequency to prevent interference with the 

video/telemetry channel. This second channel allows for a constant connection with the 

Phantom to monitor it via a smartphone that is attached to the remote controller. 

 

3

ita imaging 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 

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

statutory requirements for approval

4

 Reform Act Section 333 (b)

5

 http://www.dji.com/product/phantom-2-vision-plus
The Phantom is about 1 foot square in size. It has a maximum ascent speed of 11 knots, a 

maximum descent speed of 3 knots, and a maximum flight speed of 29 knots. While operating 

April 1, 2015

Page 4

within VLOS, the remote control has a range of 2,624 feet. The total weight (including the 

payload) is 2.55 lbs.6

The Phantom is equipped with a DJI Naza-M V2 flight control system. This provides for 

incredible ease of use and stability. Pilots can control the Phantom’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 flight control system can also provide Intelligent Orientation 

Control (IOC), failsafe, battery level warnings, and show the aircraft’s current heading, direction, 

and approximate distance from home on the on-screen radar. The built in GPS system aids in 

stabilizing the aircraft and automatically and safely returns it back to its home point in any case 

where communication between the remote control and quadcopter are lost. 

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

measures both attitude (ATTI) and altitude. The inertial measurement tells the Phantom how it’s 

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

The Phantom’s compass read geomagnetic information and assist the Global Positioning 

System (GPS) to accurately calculate the position and height of the aircraft. The vertical hover 

accuracy is +/- 2.6 ft. The horizontal hover accuracy is +/- 8.2 ft. 

The Phantom has LED flight indicators beneath each of its four rotor arms. 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 

create a hazard to users of the national airspace system or the public.”7 Equivalent Level of 

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

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, ita 

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

commercial operations under an FAA issued exemption: 

 

 A. 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:

 

6

 http://www.dji.com/product/phantom-2-vision/spec 

7 Reform Act Section 333 (b) 
April 1, 2015

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1. SUASs will not be flown:

a. In a careless or reckless manner

 b. 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 appropriate8.

c. Not fly higher than 400 feet above ground level or within five (5) 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 identified 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: 

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. 

 

8

AMA Document #540-D
April 1, 2015

Page 6

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.9

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, 

Singer’s Creations also agrees to be bound by the following limitations and conditions: 

1. Flights will be operated within VLOS of the PIC. 

April 1, 2015

 

9

AMA Documents #922 and #923
Page 7

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 UAS’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 five (5) miles of an airport, the airport operator will be notified 

before the operation commences. 

The operation of SUASs, weighing less than 4.4 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 applicant from the requirements of Part 21 and 

allowing commercial operations. 

April 1, 2015

Page 8
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 Action 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 remote control, Phantom battery, range extender, and smartphone are all 

fully charged. 

2. Verify that the Phantom battery is not swollen or damaged in any way. Clean the contact 

needles and pads if necessary. 

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

play or binding. 

4. Verify that the propellers are mounted correctly. Propellers with a black top should be 

mounted on the mount shafts that have a black dot. Propellers with a silver top should 

be mounted on the mount shafts that have a silver dot. Each propeller should spin all the 

way down onto the motor shaft. 

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

6. Flex both side 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 (not cracked/broken/loose).

8. Verify that the compass and compass cable is firmly attached to the landing gear. 

9. Verify that the Micro-SD card has been inserted and formatted. 

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

11. Verify that the anti-drop pins are in place and locked. 

12. Remove the Gimbal guard and camera lens cap.

13. Verify that the camera is secure and clean. Inspect the camera ribbon cables for tears 

and/or signs of wear. 

14. Verify that the smartphone’s GPS is enabled. 

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

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

connection from changing mid-flight. 

17. Verify that the smartphone’s audio is on to ensure the low battery warning and other 

alarms can be heard. 

April 1, 2015

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B. Power Up

1. Verify that S1 and S2 are in the top position on the remote control

2. Power on the equipment in the following sequential order:

a. Range Extender (“System” is blinking green; “Power” is solid green) 

b. Remote Control (2 beeps to indicate it’s in FCC mode) 

c. Insert and start the Phantom battery. 

 3. Watch the Phantom LED startup sequence for abnormal indications. The rear 

LEDs should blink green for at least 10-15 seconds to indicate that it locked onto 6+ satellites 

and has marked the home point (for use by the failsafe feature). 

 4.Calibrate the Phantom’s compass. 

 5. Place the Phantom on an open, flat ground with the battery indicators facing 

towards the PIC at least 10 feet away. 

C. DJI Vision Application

1. Connect the smartphone Wi-Fi to the range extender.

2. Launch the “DJI Vision” application on the smartphone. 

a. Verify that the Wi-Fi connection is “Phantom-#####” and is marked with a green 

dot. 

b. Verify the number of satellites is 6+. 

c. Verify the Wi-Fi signal strength. 

d. Verify that the Phantom and range extender batteries are reporting a full charge. 

e. Verify that both the PIC’s and Phantom’s location is the same before taking off to 

ensure the home point has been accurately marked. 

f. Verify the location of the Phantom in the “Flight Radar”. If it’s not in the correct 

position/direction and/or shows a distance of “N/A”, it did not mark the home 

point.

g. Use the “Find my Phantom” feature to ensure the blue (home point location) and 

red (Phantom location) dots are in the same location on the screen.

D. Ready to Fly

1.Verify that the remote control antenna is perpendicular to the ground (pointing 

skyward). 

2. Verify that the front, flat face of the range extender is pointed toward the Phantom. 

3.Verify that the rear LEDs are still slowly blinking green and still connected to 6+ 

satellites. 

4. Start the Phantom motors using the CSC command on the remote control. 

April 1,2015

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

and are all spinning at the same speed

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

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

Phantom 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 Phantom holds a steady position while yawing 360 degrees. 

9. Verify that the Phantom response appropriately to all controls – yaw left/right, pitch 

forward/backward, roll left/right, and throttle up/down. 

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in order 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 flight10.

Pilot in Command (PIC) Qualifications 

The PIC does not 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. 

The PIC has the computer proficiency needed for the configuration, updating, and maintenance 

of the SUAS, thus ensuring safe operation. 

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. With that in mind, 

ita imaging proposes that its PIC be required to do the following prior to the first commercial 

operation: 

1.Perform 25 hours of flight time with the Phantom. 

April 1, 2015

Page 11

 

10 See the “Preventative Maintenance Checklist” on page 41 of the attached “PhantomGuide.pdf” 

document. 
2.Successfully learn and demonstrate all flight maneuvers in the “Phantom Pilot Training 

Guide”11.

3. Study and be familiar with all sections of the “Phantom 2 Vision+ User Manual”12.

4. Study and be familiar with all sections of the “Guide to the Phantom 2 Vision & Vision+”13.

5. Study, be familiar with, and demonstrate (where possible) the “Always be Prepared for the 

Worst” scenarios14.

Public Interest

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

level of safety, a reduction in environmental impacts, and are free from the harmful emissions 

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 home 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 a home’s 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

ita imaging 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: 

April 1, 2015

Page 12

Airworthiness Certificates 

 

11

 See the attached “PhantomTrainingGuide.pdf” document. 

12 Study and be familiar with all sections of the “Phantom 2 Vision+ User Manual”.

13 Study and be familiar with all sections of the “Guide to the Phantom 2 Vision & Vision+”.

14 See “Always be prepared for the Worst” on page 13 of the attached “Guide to the Phantom 2 Vision & 

Vision+”.
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 Singer’s Creations, 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 

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. Furthermore, 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. It cannot be 

April 1, 2015

Page 13
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. 

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. 

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 SUAS provides approximately 25 minutes of powered flight. 

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

April 1, 2015

Page 13
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 25 minutes or 25% 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. Maintenance will be accomplished by the 

operator pursuant to the aforementioned Phantom user manual and guide. 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 Action 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 applicant 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. 

April 1, 2015

Page 14
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 Phantom 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, ita 

imaging 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 ita imaging the requested exemption, allowing for commercial 

operations as described herewith. 

Sincerely,

Christopher L. NEw

Founder, ita imaging