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June 17, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Federal Aviation Regulations from 14C.F.R. 45.23(b); 14CFR Part 21;14

CFR 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) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2);

91.417 (a) & (b).

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, Alan Ray Roden, FAA Commercial Pilot Certificate 

3107730, d/b/a Stetson Valley Properties, operator of multiple Unmanned Aircraft Systems

("UAS") equipped to conduct aerial photography and videography hereby applies for an

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its UAS, so long as such operations are conducted within and under the conditions

outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of

small UASs under limited and controlled conditions in airspace that is:

1) limited in scope; 2) predetermined; 3) a safer alternative to more hazardous

operations that use conventional aircraft.

Approval of this exemption would thereby 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(c) of the

Reform Act.

The name and address of the applicant is:

Alan Ray Roden d/b/a Stetson Valley Properties

Attn: Alan Roden

Phone: (602) 456-4388

Email: A l a n R o d e n . B r o k e r @ g m a i l . c o m

Address: 26211 N 55th Drive, Phoenix, AZ 85083
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Regulations from which the exemption is requested:

14 CFR Part 21, 14 C.F.R. 45.23(b), 14CFR 61.113 (a)& (b), 14 C.P.R. 91.7 (a),

14 CFR 91.9 (b) (2), 14 C.P.R. 91.103, 14 C.P.R. 91.109, 14 C.F. R. 91.119, 14

C.P.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 CFR417 (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 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, from the requirement that all civil aircraft must

have a current airworthiness certificate.

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. See also 49 USC §44711(a); 49

USC §44704; 14CFR §91.203 (a) (1) 49 U.S.C. §44701(f).

Equipment or aircraft to be utilized under this exemption grant are the Phantom 3 and

Inspire 1 rotorcrafts, both manufactured by DJI, weighing 55 or fewer lbs. with the camera

attached. These devices operate at maximum speeds of 50 knots and have the capability to hover

and move in 360 degrees. They will operate only by line of sight. Such operations will insure that

the UASs will "not create a hazard to users of the national airspace system or the public."

Given the small size of the UASs involved and the manner in 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 would, by exemption, allow certain commercial operations

of UASs to commence immediately. Also, due to the size of the UASs and the manner in 
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which they 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 and cost savings

associated with allowing UASs for aerial photography and filmography, the grant of the

requested exemptions isin the public interest. Accordingly, the applicant respectfully requests

that the FAA grant the requested exemption without delay.

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 level of safety to operations under the current regulatory

structure because the proposed operations represent a safety enhancement to the already safe

aerial photography and videography operations conducted with conventional aircraft.

These limitations and conditions to which Alan Ray Roden, dba Stetson Valley 

Properties, agrees to be bound when conducting commercial operations under an FAA issued

exemption include:

 The Pilot-in-command (PIC) of the UAS will be a holder of an FAA Commercial 

Pilot Certificate, a current Flight Instructor Certificate and will possess a current 

3

rd class medical. 

 The UAS will weigh less than 55 lbs.

 Flights will be operated within line of sight of an operator and/or observer.

 Maximum total flight time for each filming event will be 20 minutes. 

 Flights will be terminated at 25% battery power reserve, should that occur

prior to the 20 minute limit.

 Flights will be operated at an altitude of no more than 400 feet AGL.

 The PIC will conduct a safety inspection/briefing before each flight.

 Written and/or oral permission from relevant property holders will be obtained 

when necessary or required by law.

 Any required permissions and permits will be obtained from territorial, state,

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

appropriate governmental agencies.

 The UAS will not carry any equipment other than the equipment of the

owner/operator.

 If the UAS loses communications or loses its GPS signal, the UAS will have

capability to return to a safe, pre-determined location and land.

 The UAS will have the capability to abort a flight in case of unpredicted

emergencies.

 Any site within five (5) miles of an airport will not be flown without notification

and approval of appropriate airport controller, if in existence and operational; or, 

in the absence of a controller, airport management.

 Any site within five (5) miles of a non-controlled airport will not be flown without 
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hand-held radio communications and announcements on the appropriate CTAF 

frequency for that airport by the Certified Commercial Pilot Operator of the UAS. 

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, and carries no flammable fuel. Unlike other civil aircraft, operations

under this exemption will be tightly controlled and monitored by both the FAA certificated 

Commercial Pilot operator. 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 flammable fuel, and inability to carry an 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).
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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 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 be used for commercial purposes, the proposed operations will achieve the

equivalent level of safety of current operations by requiring the pilot operating the

aircraft to have a commercial pilot's license rather than a private pilot's license to operate

this small UAS. Unlike a conventional aircraft that carries the pilot, passengers, and cargo,

the UAS is remotely controlled with no passengers or cargo on board. A l l flights are

planned and coordinated in advance. The level of safety provided will exceed that provided

by a single individual holding a private 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 commercial pilot as the PIC exceeds the present level of safety

achieved by 14 C.P.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 isin 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, use of safety checklists prior to each flight, and the limited 

manufacturer’s maintenance requirements, 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.
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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. The PIC will take all

actions including, reviewing weather, fuel requirements, landing and takeoff distances and aircraft

performance data before initiation of flights.

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 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, an exemption may be needed to allow such operations. 

As set forth herein, the UAS will never operate at higher than 400 AGL.

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

UAS as well as the manner in which it will be operated. Compared to conventional operations

with aircraft or rotorcraft weighing 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 allowed with conventional aircraft operating at or below 500 AGL. 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

Thisregulation requires each person operating an aircraft to maintain cruising altitude by
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reference to an altimeter that is set"...to the elevation of the departure airport or an appropriate

altimeter setting available before departure." Asthe UAS will 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 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 c u r r e n t l y powering the UAS provides approximately 20 minutes of

powered flight. Therefore, it is not possible to meet the 30-minute reserve requirement in 14 CFR

§91.151. Given these limitations of the UAS, a longer time frame for flight in daylight or night

VFR conditionsisreasonable.

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

to 20 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. As such, there is no ability or

place to carry certification and registration documents or to display them on the UAS. In

addition, there is no pilot on board the aircraft.
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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. 

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, these sections are not applicable in this case. Here

maintenance will be accomplished by the operator pursuant to the manufacturer’s instruction

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 for short, limited periods of time. If

mechanical issues arise the UAS can land immediately and will be operating from no higher than

400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating

flight and perform a n y required maintenance. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide this equivalent level of safety.

Publishable Summary

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:

14C.F.R. §21, subpart H; 14C.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; 91.15l(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).

Approval of exemptions allowing commercial operations of UASs will enhance safety by

reducing risk. Conventional aircraft operations engaged in aerial photography and filmography,

using jet or piston power aircraft, o f t e n operate at low altitudes and in close 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

subject location. In contrast, a 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 subject location and not flown. The UAS will carry no

passengers or crew and, therefore, will not expose them to the risks associated with manned
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aircraft flights.

In addition, the public interest is served by the reduced cost associated with UAS

operations. In general terms, operations with even a small helicopter or fixed wing aircraft, such

as a Robinson R22 or a Cessna 172, operating at an average of four (4) hours per costs roughly

$1,000 to $2,000. A UAS would cost approximately $500 for the same time period.

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

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

requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and 

without any combustible fuel onboard; as a result, t h e y are far safer than conventional operations

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

Sincerely,

Alan Ray Roden, Owner/Broker

Stetson Valley Properties

26211 N 55th Drive

Phoenix, AZ 85083

P: (602) 456-4388

alanroden.broker@gmail.com

6/17/2015