July 20th, 2015

United States Department of Transportation 

Docket Management System

1200 New Jersey Ave, SE Washington DC 20590

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 14 CFR Part 21(H), Our Town 

Sarasota an operator of an Unmanned Aircraft System (“UAS”) requests exemptions from several 

provisions of the Federal Aviation Regulations (FAR) in accordance with Section 333 of the FAA 

Modernization and Reform Act of 2012. Our Town Sarasota use is for aerial photography/videography

for news gathering, inspections, agriculture, Real Estate, search and rescue, news missions, which will 

help enhance and maintain the quality of life, and hereby applies for an exemption from the Federal 

Aviation Regulations to allow commercial operation of its UAS. 

Mr. Michael Penn owns and operates “Our Town Sarasota”, a local news and information website. The

publication focuses on SW Florida/Florida along with national and international travel tours. It reaches 

over two million people a year from around the United States and globally.

Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. 

Part 11

Part 21(H) Certification procedures for products and parts, Airworthiness Certificates

Part 45.32(b) Display of Markings 

14 C.F.R. § 61.113(a) and (b) Private pilot privileges 

14 C.F.R. § 61.133(a) Commercial pilot privileges 

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

14 C.F.R. § 91.103(b)(2) Preflight action 

14 C.F.R. § 91.105 Flight crewmembers at stations

14 C.F.R. § 91.109(a) Flight Instruction 

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

14 C.F.R. § 91.121 Altimeter Settings 

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

14 C.F.R. § 91.203(a)(1) and (2) Civil aircraft certifications 

14 C.F.R. § 91.405; 407; 409; 417 Maintenance Inspections

Our Town Sarasota requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAV System. We request exemption 

from the following regulations:
1. 14 CFR Part 21, Airworthiness Certificates. This part establishes the procedures for the issuance of 

an airworthiness certificate. While the FAA continues to work to develop airworthiness standards 

for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI 3 under 

the following regulation 21.191, Experimental certificates. Experimental certificates are issued for 

the following purposes: 

a. Research and Development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

b. Showing compliance with regulations, conducting flight tests and other operations to show 

compliance with the airworthiness regulations which include flights to show compliance for 

issuance of type and supplemental type certificates, flights to substantiate major design 

changes, and flights to show compliance with the function and reliability requirements of 

the regulations. Since the experimental certificate can be used for commercial purposes 

such as market surveys, sales demonstrations, and customer crew training, we would expect 

that an experimental certificate would permit our commercial purpose as well. The aircraft 

will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UAS's light weight, being constructed 

primarily of plastic, we propose that the UAS will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part 21, Subpart H, and the requirement for an air worthiness 

certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 

2. 14 CFR 45.23, Display of marks, General and 45.29 Size of Marks. The regulation requires that 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," "lightsport," "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 UAS, 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 UAS marked on its fuselage as required 

by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the 

UAS as “Experimental.” 

3. Sections 61.113 (a) & (b), Private Pilot Privileges, Limitations, and 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 operate under the supervision of a private pilot’s license holder rather 

than a commercial pilot’s license holder. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS 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 

GOM. The level of safety provided by the requirements included in the GOM exceed that provided by a 

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

associated with the operation of the sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as 

requested with a private pilot in a supervisory role aiding the PIC exceeds the present level of safety 

achieved by 14 C.F.R. §61.113 (a) & (b). 

4. 14 CFR 91.7, Prohibits the Operation of an aircraft without an airworthiness certificate. Because this 

regulation is inapplicable to this UAS, no such certificate will be applicable in the form contemplated by 

the FARs.

5. 14 CFR 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements. 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 this requirement is to ensure that flight manual information is available to the 

aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is 

not only too small to carry documentation, the documentation would not be available to the crew 

during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose 

that a current, approved sUAS Flight Manual must be available to the crew at the ground station 

anytime the aircraft is in, or preparing for, flight. 

6. 14 CFR 91.109 Flight Instruction, Simulated Instrument Flight and Certain Flight Tests. The regulation 

states "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft 

has fully functioning dual controls." The sUAS System ground-based control station consists of a handheld radio transmitter and while it does not offer a second set of "controls", both the student and 

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

instructor having "hands-on" the controls during flight, this technique meets the intent 91.109 and 

provides an equivalent level of safety. 

7. 14 CFR 91.119, Minimum safe altitudes: General. The regulation states that over sparsely populated 

areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items listed. Therefore we 

maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be considered in granting the exemption. 

8. 14 CFR 91.121, Altimeter Settings. The regulation requires that aircraft shall maintain cruising altitudes 

by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly 

below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with 

other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via 

radio from the sUAS on-board computer to the display screen held by the PIC, providing a constantly 
updated AGL readout. 

9. 14 CFR 91.151, Fuel Requirements for Flight in VFR Conditions. The regulation provides that no person 

may begin a flight in an airplane under day- vFR conditions unless there is enough fuel to fly to the first 

point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this 

paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is battery 

operated and the maximum duration of flight from a single battery charge is 23 minutes with a 25% 

reserve warning to return. Since the aircraft will never fly more than 3/4 NM from the point of intended 

landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this 

paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with 

the word "energy". 

10. 14 CFR 91.203(a) & (b), Civil aircraft: Certifications Required. The regulation provides that an 

airworthiness certificate, 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 the cabin or cockpit entrance so that it is legible to passengers or crew." At a 

maximum gross weight of 3 pounds, the sUAS is too small to carry documentation, does not have an 

entrance, and is not capable of carrying passengers or crew. 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. 

In order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

11. 14 CFR Subpart E 91.401- 91.417, Maintenance, Preventive Maintenance, and Alterations. The 

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

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the 

aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and 

inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an 

airworthy condition prior to every flight and in addition conduct detailed inspections after every two 

hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a 

propeller, 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 performed in accordance with 91.417. We feel that due to the size, 

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. All preflight 

checks will be signed, dated and retained and available at the request of the FAA. Unmanned Aircraft 

System sUAVs are often seen as superior to helicopters as an aerial video gathering platform due to the 

smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller 

environmental impact which promotes public safety.
Our Town Sarasota is in possession of a DJI Phantom 3 Professional.

The UAS operated by Our Town Sarasota weighs 3 lb., including all parts and pieces. It has a maximum 

speed of 45 miles per hour, can hover, and can simultaneously move vertically and horizontally. Our 

Town Sarasota will only operate the UAS in line of sight.

This UAS has flight control using a remote control operating the 2.400 GHz-2.483 GHz frequency in 

compliance with the FCC Regulations. 

At any time that communication is lost, the UAS will return to its take off location at a height of 

approximately 150 feet . 

The UAS locks onto multiple satellites to establish a home position prior to flight. All flights will be

operated within line of sight by the pilot and observer. 

Maximum flight time of each event will be limited to 15 minutes or less, this will leave approximately

25% of reserve time on the UAS. 

The UAS is preprogrammed to not be able to fly within 5 miles of airports and in any no fly zones, which 

will ensure no danger to manned aircraft traffic. 

Preflight procedure will be as follows: 

1. Power supply test of UAS, Controller, FPV, and DJI application device (smart phone); 

2. Calibration of compass; 

3. Weather considerations; 

4. Flight obstructions; 

5. GPS lock of no less than 6 satellites; 

6. Link between controller and UAS;

7. Link between application and UAS. 

All maintenance of the UAS will be conducted in accordance with all manufacturer’s specifications. All 

maintenance and repair/modifications will be logged in a permanent file for future reference. All of the

latest firmware will be updated as needed via the DJI software as well as controller calibrations. 
The use of the UAS by Our Town Sarasota will benefit the public greatly by connecting

the world through news gathering, education, information and alerting the public to any

possible problems, accidents or natural disasters. Mr. Michael Penn has experience in 

publication of the news for over 20 years and he is the owner of Our Town Sarasota. 

In accordance with the statutory criteria provided in Section 333 of Public Law 112-95 in 

reference to 49 USC Section 44704, and in consideration of the information provided 

above, the Secretary of Transportation should determine that this aircraft meets the

conditions of Section 333. In prior petitions approved by the FAA, the FAA found that 

enhanced safety achieved using a UAS with the specifications described by the petitioner 

in such petitions and which carried no passengers or crew, gave the FAA good cause to 

find that the UAS operation enabled by this exemption is in the public interest. This 

specific petition is same or is substantially similar to such petitions which were granted 

and should also be granted for the same reasons as stated therein.

The granting of this exemption is in the public interest because the UAS would be used 

to promote the County of Sarasota, SW Florida, enhance information sharing and bring 

about positive changes and efficiencies. It will also be used to assist in news gathering and sharing with 

other media, search and rescue and publication of certain Real Estate, and inspections. 

If you have any questions please contact the undersigned attorney at the information at 

the top of this letter. 

Sincerely, 

Sara Blackwell

Sara Blackwell 

The Blackwell Firm