December 21, 2015 

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act and Part 11 of the 

Federation Aviation Regulations. 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R 

part 11, Aerial Images Photography, the Petitioner, requests exemption from the various Federal Aviation 

Regulations (“FAR”) in order to legally operate an Unmanned Aerial Vehicle (UAV) in the National Airspace 

System. 

The Petitioner wishes to be granted the exemption for use of the UAV for commercial operations: 

Common aerial video and still photography uses include: 

- Real Estate brokerage and sales 

- Construction tracking and documentation 

- Golf course maintenance documentation 

- Municipalities, County and State agency 

- Demographic analysis 

 

The Petitioner believes the use of the Unmanned Aerial Vehicles in many, but not all, applications is more 

economical and safer than a manned aircraft and is more beneficial to the general public due to its small size, its 

quiet, emission-free propulsion system, slow speed and minimal potential for accident. 

The name and contact information of the applicant is: 

Allan E. Goldstein 

Aerial Images Photography 

1285 Bradley Lane 

Elk Grove Village, IL 60007 

Mobile: (847) 533-8466; office: (847) 985-7685 email: airfoto@yahoo.com 

REQUEST FOR SUMMARY GRANT 

Because this petition is similar in material respects to previous petitions the FAA has granted, Aerial Images 

Photography requests that the FAA issue a summary grant of exemption pursuant to the agency's 

expedited summary grant process. 

Specifically, the public interest and safety benefits Aerial Images Photographys’ operations will achieve are 

materially similar to those recognized in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. 

FAA-2014-0352), Ill 09 to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112 to VDOS Global, LLC (see 

Docket No.FAA-2014-0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642). 
Aerial Images Photography will adhere to a series of operating parameters that will offer the same level of 

safety as the conditions the FAA currently requires in its summary grants. 

EXEMPTIONS REQUESTED 

The regulations from which the exemption are requested are listed below. Addendum A lists specifics of each 

rule, why an exemption from that rule is necessary and a proposal for an alternate method of compliance 

- 14CFR 91.7 (a) 

- 14CFR Part 21, Subpart H 

- 14CFR 91.203 

- 14CFR91.207 

- 14CFR 45,23(b)

- 14CFR 91.9 

- 14CFR 91.109 

- 14CFR 91.119 

- 14CFR 91.121 

- 14CFR 91.151 

- 14CFR 61.113 

- 14CFR Subpart E (91.401-91.417

About the company AERIAL IMAGES PHOTOGRAPHY: 

Aerial Images Photography is a professional custom aerial and ground based photography company 

established by Allan E. Goldstein in 1988. Complete information regarding the services provided by Aerial 

Images Photography is available at their web site www.aerialimages-photo.com

The owner and primary operator, Allan E. Goldstein (FAA pilot certificate 2020814) is a Commercial, 

Instrument, Multi-engine pilot with CFI, CFII, MEI, Ground Instructor and Instrument Ground Instructor

ratings. Mr. Goldstein also has a current FAA Second Class medical certificate issued in March, 2015 and a 

current flight review dated May, 2015. 

Having received his license in 1970, he has logged over 8000 civilian hours and has owned a 1979 Cessna 

Skyhawk 172N since 1988. He operates out of DuPage County Airport (DPA) in West Chicago, Il. Mr. 

Goldstein has extensive knowledge and experience flying in Class B, Class C and Class D airspace. 

On many occasions, Mr. Goldstein has had the need to enter the Chicago area Class B airspace and the O’hare 

Class D in order to accomplish his aerial photography missions. Thus, he has interfaced with both the Chicago 

Tracon and the control tower at O’hare International to work out the logistics of coordinating the photo mission. 

Mr. Goldstein has always been a proponent of FAA policies and has strived to follow rules and to impress upon 

his flight students and colleagues the need to respect and follow rules and be both well-trained, well-educated 

and exhibit common sense regarding the hazards and risks inherent to aviation. 

Finally, Mr. Goldstein is extremely familiar with the construction and operation of radio-controlled aircraft 

having 12 years modeling experience. He is well aware of the safety and damage risks these aircraft pose. 

THE UNMANNED AIRCRAFT (UAS) 

The Unmanned Aerial Vehicle to be used is a 5.3 lb. battery-operated 4-motor rotorcraft in the form of a 

quadcopter designed to launch and land vertically, similar to, but not limited to the Inspire1 V2.0 

quadcopter, manufactured by DJI Corporation and modified by the applicant to carry the following 

equipment in flight; 

A) An on-board flight computer with Global Positioning System (GPS) navigation and location ability 

capable of receiving signals for flight controls from a ground-based transmitter/controller, 
B) An on-board camera capable of capturing imagery in the form of full color, high definition at 

resolutions up to 4K (4,096x2,160 pixels) at 30fps and 1,080p at 60fps and 12-megapixel stills 

C) An on-board telemetry system that downloads flight data from the on-board flight computer to the 

on-board radio transmitter including altitude above the field elevation, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site, and battery energy levels 

D) A 600mw,5.8Ghz on-board radio transmitter that downlinks video from the on-board camera to a 

separate monitor for the PIC and photographer. 

The UAS has a small 20 inch wingspan and ultra-light payload capacity of 2 lbs. making this platform ideal for 

precision aerial video and still photography. This is accomplished thru the use of the on-board GPS and related 

flight management software that allows the operator to plan safely and efficiently a mission in 3D and then 

monitor it in real-time. 

The three main characteristics of the DJI Inspire1 V2.0 and similar units are 

1. Very light weight. This unit is so lightweight it can land on any surface without requiring a 

parachute of landing net. Its’ low impact energy (in case of a controlled emergency landing) 

also significantly reduces the risk of hazardous consequences. 

2. Electric powered. The unit is a “clean and green” in that it does not burn fossil fuels or 

generate any polluting hydro-carbon emissions. It is also very quiet and reliable. 

3. Semi-automatic flight. The artificial intelligence incorporated with the UAS autopilot system 

continuously analyzes data from the onboard GPS and automates all aspects of the flight under 

the supervision of the operator. 

THE GROUND STATION-BASED PART OF THE SYSTEM: 

A. A Pilot in Command (PIC) in operational control of all flight operations from pre-flight to landing who 

controls the Unmanned Aerial Vehicle on the ground and in the air 

B. A 100mW 2.4 GHz radio transmitter operated by the PIC to control the aircraft in all operational phases. 

C. A radio receiver receiving live video and flight data from the on-board camera and computer onto a video 

monitoring device such as a tablet or Smart Phone) for the PIC to view during flight. This is akin to an 

airplane pilot looking out the windshield. 

D. A Visual Observer (VO) who provides a section pair of eyes to visually track the UAV in flight, and acts 

as photographer operating a separate control device capable of panning and tilting the camera in order to 

capture the desired video/stills. 

The Unmanned Aerial Vehicle, powered by batteries is smaller, lighter, more maneuverable, mechanically

simpler, more cost-effective and environmentally safer than larger aircraft typically used as aerial platforms, 

such as the Cessna 152 and Cessna 172. The UAV’s have electric batteries for powering the propulsion system 

at altitudes at or below 400feet AGL, carries no people on board (hence the term “Unmanned”), and does not 

emit carbon monoxide or hydrocarbons into the atmosphere. 

OPERATING PARAMETERS 

Aerial Images Photography will adhere to the following operating parameters when operating UAS pursuant 

to a grant of the requested exemption: 

1. Operations will be conducted using the DJI Phantom 3, the DJI Inspire 1 and similar UAS of comparable 

size, weight and operating capabilities. 

2. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour), at an altitude greater than 

400 feet above ground level, or, when visibility is less than 3 statute miles, less than 500 feet below or 2,000 

feet horizontally from a cloud. All operations will be conducted during the day under visual meteorological 

conditions. 

3. All operation will be conducted in accordance with a Certificate of Waiver or Authorization (COA.) 
4. All operations will use a pilot-in-command ("PIC") and a visual observer ("VO"), and the UAS will remain 

within the visual line of sight of the PIC or the VO at all times. The PIC will maintain VLOS capability and the 

ability to communicate verbally with the VO at all times. 

5. The PIC will hold an airline transpmt, commercial, private, recreational, or sport pilot certificate, as well as 

an FAA airman medical certificate or a valid U.S. driver's license. The PIC will meet the flight review 

requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

6. Aerial Images Photography will ensure prior to operation that the PIC has demonstrated the ability to safely 

operate the UAS in a mmmer consistent with how the UAS will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 C.F.R. § 

61.51(b). 

 

7. Aerial Images Photographys’ operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. 

8. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be 

operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe 

flight. 

9. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior to 

conducting further operations under this exemption.

10. Aerial Images Photography will follow the UAS manufacturer's maintenance, overhaul, replacement, 

inspection, and life limit requirements, as well as safety bulletins, for the aircraft and aircraft components. 

11. The PIC will abort the flight in the event of unpredicted obstacles or emergencies, and will yield to all 

manned aviation activities. 

12. Aerial Images Photography will register and mark its UAS in accordance with 14 C.P.R. parts 47 and 45. 

THE FAA'S AUTHORITY TO GRANT THIS PETITION 

The FAA has authority to grant the exemption requested herein under the FMRA and the Federal Aviation Act. 

Section 333 of the FMRA deals specifically with integrating UAS into the National Airspace System, and

directs the Secretary of Transportation to determine which UAS, as a result of their size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or the public or pose a threat to national security." 

Section 333 further directs the Secretary to establish requirements for the safe operation of such aircraft systems 

in the National Airspace System. 

The Federal Aviation Act authorizes the Administrator of the FAA to grant exemptions from regulations 

prescribed under certain provisions of the Act where such exemptions are in the public interest.5 Patt 11 of the 

Federal Aviation Regulations governs the FAA's exemption process and requirements. 

The FAA has granted more than 1,100 exemptions to date pursuant to its Section 333 and exemption authority, 

enabling commercial UAS operations in a wide variety of industries. 
CONCLUSION: 

As demonstrated above, the UAS operations Aerial Images Photography has proposed in this petition for 

exemption will garner significant public benefits while presenting minimal safety risks. Aerial Images 

Photography’s petition satisfies the criteria of Section 333 of the FMRA and is substantially similar to previous 

petitions the FAA has granted, meriting a summary grant of exemption. 

Thus, Allan E. Goldstein, the Petitioner requests exemptions from the Federal Aviation Regulations specified in 

Appendex “A” in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace 

System. This is critical in conducting operations pertaining to my aerial photography business (Aerial Images 

Photography) in a safe and controlled environment. The Petitioner hopes for a timely consideration as we 

have made a considerable investment in time and finances on this project.

We are prepared to modify or amend any part of this request to satisfy the need for equivalent level of safety. 

Please contact us at any time if additional information or clarification is required. We look forward to working 

with your office. 

Sincerely 

Allan E. Goldstein 

Allan E. Goldstein, Commercial Pilot Certificate 2020814 

Aerial Images Photography Co. 

1285 Bradley Lane 

Elk Grove Village, IL 60007 

(847)533-8466 office (847)533-8466 mobile email: Airfoto@yahoo.com 
 Addendum A 

 

 Exemption Requests and Equivalent Level of Safety 

14CFR 91.7 (a) Civil Aircraft Airworthiness 

This regulation provides that “no person may operate a civil aircraft unless it is in an airworthy condition. 

Reason for Exemption: It has been determined that similar UAS’s do not require an airworthiness certificate. 

The petitioner will ensure airworthiness thru the combined use of the manufacturers’ Operations Manual and 

preflight checks. These UAV’s are so simplistic that very little can go wrong so as to cause personal harm and 

property damage. 

14CFR Part 21, Subpart H: Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate, which are required for all 

U.S. registered aircraft. 

Reason for Exemption: Currently, the FAA has no established airworthiness standards for UAV’s. 

Since the typical UAV is an extremely simplistic device weighing less than 10 pounds that travels very slowly 

for a distance less than 3⁄4 mile in a 15minute flight no higher than 400 feet AGL, we propose this device not 

require an Airworthiness Certificate. 

The FAA has already determined that similar UAS’s do not require an airworthiness certificate as granted in 

Exemption No. 11623, 11650, 11664 and 11734. 

14CFR 91.203 Civil aircraft: Certifications required. 

This regulation provides that an airworthiness certificated, with the registration number assigned to the aircraft 

and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the 

airworthiness certificate be “displayed at a cabin or cockpit entrance so that is legible to the passengers and 

crew.” 

Reason for Exemption: At a maximum gross weight of less than 10pounds, the UAS is too small to carry 

documentation, does not have an entrance and is not capable of carrying passengers and crew, an exemption to 

this rule is required. 

FAA has determined that similar UAV’s do not require an airworthiness certificate as granted in 

Exemption Nos. 11623, 11650, 11664 and 11734. However, as an alternate means of compliance and to obtain 

an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for 

this aircraft by the FAA will be co-located with the crew at the ground control station and available for 

inspection upon request 

14CFR91.207 Emergency locator transmitters. 

This regulation provides that “(a)no person may operate a U.S.-registered civil airplane unless there is attached 

to the airplane an approved automatic type emergency locator transmitter that is in operable condition....”: 
Reason for Exemption: At a maximum gross weight of less than 10pounds, the UAS is too small to carry an 

Emergency Locator Transmitter. 

Since the UAV is always within visual contact within 3/4nm from the operator, the ELT is unnecessary. 

14 CFR 45.23 (b): Display of marks: general and 45.29: Size of marks 

This regulation provides that each aircraft must display “N” and the aircrafts registration number in letters at 

least 3 inches high. Additionally, the aircraft must display the word “EXPERIMENTAL” in letters at least 2 

inches high near the entrance to the cabin, cockpit or pilot station. 

Reason for Exemption: The UAS , at a maximum gross weight of less than 10pounds, is not used for carrying 

passengers or property, and as such, does not have an entrance on which the word “EXPERIMENTAL” can be

placed. . 

As an alternate mode of compliance, since the fuselage is too small for decals 3 inches in height, we propose a 

smaller decal with the word “EXPERIMENTAL” be placed on the fuselage in compliance with FAR45.29 

The FAA has issued the following exemptions to this regulation to Exemptions Nos 10700, 8738, 10167, and 

10167A. 

 

14CFR 91.9(b)(2): Civil Aircraft Flight Manual in the aircraft 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the 

aircraft. We assume that the intent of his requirement is to ensure that flight manual information is available to 

the crew while operating the aircraft.

Reason for Exemption: The UAV aircraft is too small and too light-weight to carry such documentation on 

board. 

 As an alternate means of compliance and to ensure an equivalent level of safety, we propose to keep the flight 

manual at the ground control location where the pilot flying the UAV and will have immediate access to it. This 

issue has been addressed by FAA in other exemptions, such as Exemption #8607, 8737, 8738, 9299 9288a. 

14CFR 91.109(b): Flight instruction 

This regulation provides that “No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls. 

Reason for Exemption: The UAV is a ground based control station consisting of a small hand-held radio 

transmitter and there is no availability for a second set of “controls” 

As an alternative means of compliance and to retain a high level of proficiently, we propose that both the 

student and instructor, can and will, operate the single set of controls simultaneously. With both the student and 

instructor having “hands-on” the controls during flight, we feel this technique meets the intent of 91.109 and 

provides and equivalent level of safety. 

Additionally, it must be noted the Petitioner, the owner of Aerial Images Photography has over 12 years of RC 

aircraft experience and has participated in model airplane competition. UAV’s are not a new item to the 

Petitioner and he fully understands their operation, design and hazards. 

14CFR 91.119: Minimum safe altitudes. 
This regulation states that over sparsely populated areas, the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle or structure. 

Reason for Exemption: Since the aircraft will be operating at a maximum of 400ft AGL, it will always be 

operated within 500 feet of any person, vessel, vehicle or structure. 

In order to provide an equivalent level of safety, we propose to only operate over private property with the 

express written approval of the owner or their agents. The aircraft will not be operated over congested areas or 

over any open air assembly of persons. The aircraft will be operated at a low altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. We also maintain it to 

be an important consideration that due to the small size of the UAV, the hazard to persons, vehicles and 

structures is minimal. 

14CFR 91.121: Altimeter settings 

This regulation requires that the aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100nm of the aircraft. 

Reason for Exemption: Due to its’ small size and weight, combined with the fact, the UAV’s do not carry 

persons or property, they do not have onboard altimeter equipment. 

As an alternate means of compliance and to maintain a comparable level of safety, the UAV provides the PIC 

with an “Above Ground Level” altitude readout transmitted by the on-board computer to the PIC display screen. 

We propose to keep the UAS always below 400 feet AGL and not fly in an area where there may be conflict 

with other aircraft. 

14CFR 91.151: Fuel requirements for flights in VFR conditions. 

This regulation requires that no person may begin a flight in an aircraft under day VFR conditions unless there 

is enough fuel to fly to the first point of intended landing and to fly thereafter for at least 30 minutes

Reason for Exemption: The 30 minute reserve is impossible to accomplish since the UAV’s are battery 

capacity during normal flight allows for approximately 15 minutes flight time. 

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer in the event of a delay 

arriving at a destination. The UAV is battery operated and the maximum duration of flight from a single charge 

is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4NM from the point of intended 

landing, a full battery charge at launch will ensure we meet the manufacturers reserve energy requirement. We 

propose an exemption of the 30 minutes fuel requirement be replaced with 20% energy requirement. 

14 CFR 61.113 (A) 7 {b): Private Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the 

United States, unless that person: (1) has a pilot certificate or special purpose authorization issued under this 

part in that person's physical possession or readily accessible. (2) The flight is only incidental to that business or 

employment. (3) The aircraft does not carry passengers or property for compensation or hire. 

Reason for Exemption: The Petitioner will follow all manufacturers' training program and safety manual. We 

also believe this requirement is unnecessary for pilot-controlled drone flight. Additionally, current FAA 

proposals have omitted this as a future requirement for small UAS's. 

Although this particular Petitioner is a Commercially Rated IFR pilot, with CFI, CFII and MEI ratings, we 

would like the flexibility to train and authorize a non-certificated pilot to fly the UAS with the Petitioner present 

at all times. 
14CFR Subpart E (91.401 – 91.417) Maintenance, Preventive Maintenance, Alterations. 

These regulations provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

“approved for return to service by a person authorized under Part 43.7 after maintenance and inspection. 

Reason for Exemption: There are currently no available Aircraft and Powerplant mechanics with or without an 

Inspection Authorization certified to perform maintenance on a small battery-powered UAVs. 

 

It is our intention that the PIC/owner of the UAV perform maintenance and inspections of the aircraft and be 

authorized to approve the aircraft for return to service. As provided in the manufacturers Preflight Checklist, the 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight. Maintenance performed by the 

PIC is limited to repairing small cracks, replacing propellers and motors, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be performed by the 

manufacturer or their designated repair facility. The PIC will document work perform in accordance with FAR 

91.417. 

We feel that due to the size, construction and simplicity of the aircraft, the PIC can ensure an equivalent level of 

safety.