Dear FAA:

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

(the “Reform Act”) and 14 C.F.R. Part 11, Tosnflies Photography, 

photographer and operator of Unmanned Aircraft Systems (“UASs”) for 

producing marketing videos in the real estate, hotel & resort, recreation, and 

landscape, hereby applies for an exemption from the Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its UAS platforms.

Tosnflies Photography requested exemption would permit the operation of 

small, unmanned UAS under controlled conditions in airspace that is: (1) 

limited, (2) predetermined, (3) subject to controlled access, and (4) abide by 

all FAA laws pertaining to UASs. As established by the exemptions already 

granted by the FAA, approval of Tosnflies Photogrpahy exemption would 

enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to establish requirements for the safe 

operation of such aircraft systems in the national airspace system. Section 

333 © of the Reform act.

Benefit of UAS

The area of Oregon I live in is extremely popular with tourists and happens to 

be one of the fastest growing cities in the country for the past 10 year. My 

services will be a safe, low cost, and effective solution for filming and 

photography of our wonderful area. The services are to stimulate economic 

benefit for both the Real Estate and Tourism industries in tough, mountainous 

areas. As a professional photographer and videographer I, Shannon Sands, 

have been taking pictures and video in my area for my clients for 3 years. To 

help the marketing of my clients they have asked many times for me to take 

aerial photos/video for them in order to showcase their property and homes to 

potential clients, most of whom are from out of state. I want to follow all the 

rules so I’m applying for this exemption to stay within the laws and protect 

my business and reputation.

This application is submitted by:

Regulations from which the exemption is requested:
14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 

91.7 (a) 14 CFR 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 CFR 91.151 (a) 14 CFR 91.203 (a) 

& (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 

CFR 417 (a) & (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 of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. 

In making this determination, the Secretary is required to determine which 

types of UASs do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; 

and • Operation of the UAS within visual line of sight of the 

operator. Reform Act 333 (a). Lastly, if the Secretary determines that 

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

Secretary shall establish requirements for the safe

operation of such aircraft in the national airspace system.” Id. 333(c) 

(emphasis added). The Federal Aviation Act expressly grants the FAA the 

authority to issue exemptions. This statutory authority by its terms includes 

exempting civil aircraft, as the term is defined under §40101 of the Act, that 

includes UASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate. Applicant interprets this provision to 

place the duty on the Administrator to not only process applications for 

exemptions under section 333, but for the Administrator to craft conditions 

for the safe operation of the UAS, if it should be determined that the 

conditions set forth herein do not fulfill the statutory requirements for 

approval. 

The Administrator may grant an exemption from a requirement of a 
regulation prescribed under subsection (a) or (b) of this section or any 

sections 44702-44716 of this title if the Administrator finds the exemption in 

the public interest. 49 U.S.C. 44701(f) See also 49 USC 44711(a); 49 USC 

44704; 14 CFR 91.203 (a) (1).

Tosnflies Photographys’ UASs are rotorcraft , weighting 55 or fewer lbs. 

including payload. They operate, under normal conditions at a speed of no 

more than 50 knots and have the capability to hover, and move in the vertical 

and horizontal plane simultaneously. They will operate only in line of sight 

and will operate only after all safety protocols and preflight checks have been 

completed. I have the specs of my UAS, DJI Inspire, below:

Model: DJI Inspire (T600)

Weight: 6.5 lbs

Hovering Accuracy:

Vertical: 1.6’

Horizontal: 8.2’

Max Angular Velocity: 150deg/s

Max Tilt Angle: 35 deg

Max Ascent Speed: 16.5 ft/s

Max Descent Speed: 13 ft/s

Max Speed: 42 kts

Max Flight Time: 18 minutes

Operating Temperature Range: 14 -104 Fahrenheit

Size: 18”x18”x12”

Given the small size of the UASs involved and the restricted controlled 

environment within which they will operate, the applicant falls squarely 
within that zone of safety (an equivalent level of safety) in which Congress 

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

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

restricted areas in which the relevant UASs will operate, approval of the 

application presents no national security issue. Given the clear direction in 

Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding 

the proposed operations, and the significant public benefit, including 

enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for movie and television 

operations, the grant of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations 

listed herein. These limitations provide for at least an equivalent or even 

higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the 

already safe movie and television filming operations conducted with 

conventional aircraft.

These limitations and conditions to which Tosnflies Photography agrees to be 

bound when conducting commercial operations under an FAA issued 

exemption include:

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be less than 

20 minutes. Flights will be terminated at 25% battery power reserve 

should that occur prior to the 20 minute limit. 

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

not more than 200 feet above an elevated platform from which filming 
is planned. 90% of the time flights will be less than 50 feet.

5. Minimum crew for each operation will consist of the UAS Pilot, the 

Visual Observer, and the Camera Operator. 

6. UAS pilot will be an FAA licensed airman with at least a private pilot’s 

certificate and third class medical. The observer will hold at least a 

third class medical. 3 

7. UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder 

other than the UAS Pilot, who possess the necessary PIC qualifications, 

is also present on set (i.e. the Aerial Coordinator), that person can 

also be designated as PIC. 

8. The UAS will only operate within a confined “Sterile Area” as defined 

in the Manual. Section H, I and J of the Manual requires the 

establishment of a “Security Perimeter” for the flight operations area. 

9. A briefing will be conducted in regard to the planned UAS operations 

prior to each day’s production activities. It will be mandatory that all 

personnel who will be performing duties within the boundaries of the 

safety perimeter be present for this briefing. 

10. The operator will file a FAA Form 7711-1, or its equivalent, as 

modified in light of the requested exemption, with the appropriate 

Flight Standards District Office. 

11. The operator will obtain the consent of all persons involved in the 

filming and ensure that only consenting persons will be allowed within 

100 feet of the flight operation, and this radius may be reduced to 30 

feet based upon an equivalent level of safety determination, as required 

by Section K of the Manual. With the advanced permission of the 

relevant FSDO, operations at closer range can be approved. 

12. The operator will submit a written Plan of Activities three days before 

the proposed shoot as required in Section K of the Manual. 
13. Pilot and observer will have been trained in operation of UAS generally 

and received up-to-date information on the particular UAS to be 

operated as required Sections M and N of the Manual. 

14. Observer and pilot will at all times be able to communicate by voice 

and/or text. 

15. Written and/or oral permission from the relevant property holders will 

be obtained. 

16. All required permissions and permits will be obtained from territorial, 

state, county or city jurisdictions, including local law enforcement, fire, 

or other appropriate governmental agencies. 

17. If the UAS loses communications or loses its GPS signal, the UAS will 

have capability to return to a pre-determined location within the 

Security Perimeter and land. 

18. 18.The UAS will have the capability to abort a flight in case of 

unpredicted obstacles or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a) 

(1)

Subpart H, entitled Airworthiness Certificates, 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 Applicant, 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 UAS. In all cases, 

an analysis of these criteria demonstrates that the UAS 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.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable 

liquid fuels, and operates exclusively within a secured area as set out in the 

Manual. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator, pursuant to the 

Manual’s requirements, and under the requirements and in compliance with 

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

as is now done with conventional filming. The FAA will have advance notice 

of all operations. These safety enhancements, which already apply to civil 

aircraft operated in connection with motion picture and television production, 

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

conventional operations conducted with airworthiness certificates issued 

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

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

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

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

substantial external load.

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 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," 

as applicable.

Even though the UAS will have no airworthiness certificate, an exemption 

may be needed as the UAS will have no entrance to the cabin, cockpit or pilot 

station on which the word “Experimental” can be placed. Given the size of 

the UAV, two-inch lettering will be impossible. The word “Experimental” 

will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAV marked 
on its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the UAV will see the identification of the UAS 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. 

Because the UAS will not carry a pilot or passengers, the proposed operations 

can achieve the equivalent level of safety of current operations by requiring 

the PIC operating the aircraft to have a private pilot’s license rather than a 

commercial pilot’s license to operate this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the UAS is remotely controlled 

with no living thing on board. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance as set forth 

in the Manual. The level of safety provided by the requirements included in 

the Manual exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. The risks 

associated with the operation of the UAS are so diminished from the level of 

risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the UAS as requested with a private pilot 

as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 

(a) & (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 exemption be granted, no FAA regulatory standard 

will exist for determining airworthiness. Given the size of the aircraft and 

therequirements contained in the Manual for maintenance and use of safety 

check lists prior to each flight, as set forth in Sections J, L and Q, 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 UAS, given its size and configuration has 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 UAS 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 as set forth in the Manual. 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.

UASs 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 UAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above 

an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, except for the limited 

conditions stated in the Manual, the UAS will never operate at higher than 

400 AGL. It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations 

without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed 

of the UAS as well as the location where it is operated. No flight will be 

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 Section K of the Manual. Compared to flight operations with 

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

herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL in the movie industry. In addition, the 

low-altitude operations of the UAS will ensure separation between these 

small- UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119.

14 C.F.R. 91.121 Altimeter Settings

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 UAS 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, pursuant to the Manual and Safety 

Check list, confirming the 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 battery powering the UAS provides approximately 20 minutes of 

powered flight. To meet the 30 minute reserve requirement in 14 CFR 

§91.151, UAS flights would be limited to approximately 10 minutes in 

length. Given the limitations on the UAS’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.

Applicant 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 small UAS, 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 small UAS. Additionally, limiting UAS flights to 10 minutes 

would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by 

limiting flights to 30 minutes or 25% of battery power whichever happens 

first. This restriction would be more than adequate to return the UAS to its 

planned landing zone from anywhere in its 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:
(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.

The UAS fully loaded weighs no more than 55 lbs and is 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 UAS.

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

the ground control point where the pilot flying the UAS will have immediate 

access to them, to the extent they are applicable to the UAS. 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 section and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the applicant. 

Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook as referenced in the Manual. An equivalent 

level of safety will be achieved because these small UASs 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 UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As 

provided in the Manual, the operator will ensure that the UAS 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.

*********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for 

publication in the Federal Register, should it be determined that publication is 

needed:

Applicant seeks an exemption from the following rules:14 C.F.R. 21, subpart 

H; 14 C.F.R 45.23(b);14 C.F.R. 61.113(a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and 

(b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & 

(b) to operate commercially a small unmanned vehicle (55lbs or less) in 

motion picture and television operations.

Approval of exemptions allowing commercial operations of UASs in the film 

industry will enhance safety by reducing risk. Conventional film operations, 

using jet or piston power aircraft, operate at extremely low altitudes just feet 

from the subject being filmed and in extreme proximity to people and 

structures; and present the risks associated with vehicles that weigh in the 

neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel. 

Such aircraft must fly to and from the film location. In contrast, UAS 

weighing fewer than 55 lbs. and powered by batteries eliminates virtually all 

of that risk given the reduced mass and lack of combustible fuel carried on 

board. The UAS is carried to the film set and not flown. The UAS will carry 

no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the 

strict conditions outlined above, will provide an equivalent level of safety 

supporting the grant of the exemptions requested herein, including exempting 

the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment and, as a result, are far safer than 

conventional operations conducted with turbine helicopters operating in close 
proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the 

property owner’s prior consent and knowledge. Filming will be of people 

who have also consented to being filmed or otherwise have agreed to be in 

the area where filming will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 

2012--size, weight, speed, operating capabilities, proximity to airports and 

populated areas and operation within visual line of sight and national security 

– provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant’s UAS in the motion 

picture and television industry pursuant to the Manual appended hereto.

Sincerely, Shannon Sands Tosnflies Photography