Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform 

Act) and 14 C.P.R. Part 11, Jeremy Roush., operator of small Unmanned Aircraft Systems 

(

11 sUAS11

) equipped to; conduct aerial photography for the Agricultural Industry to help Farmers 

in the US get higher yield on their products and to help prevent contamination of farm lands if 

there was a manned aircraft accident, to provide real estate listing videos and photography for 

real estate professionals, to safely provide aerial video and photographic inspection of facilities 

for the insurance industry, and to support businesses requiring enhanced marketing video 

photography, and use of systems in Construction, Site and Quarries Inspection hereby applies for 

an exemption from the listed Federal Aviation Regulations (

11FARs 11

) to allow commercial 

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

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

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

small Unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 

1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements 

to the already safe operations in the Agricultural and Oil and Gas Industry presently using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary ofTransportation's (the FAA Administrator's) responsibilities to 11 

••• establish 

requirements for the safe operation of such aircraft systems in the national airspace system. 11 

The Business/Name and address ofthe applicant is: 

Down Below Photo/Videography LLC 

Jeremy Roush (owner/PIC) 

812-243-4717 

downbelowjr@yahoo.com 

The conditions proposed by the applicant are drawn from order 8900.1 CHG 0 

Regulations from which the exemption is required 

14 CFR Part 21 

14 C.P.R. 45.23(b) 

14 CFR 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.P.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 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 sUASs 

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 sUAS's size, weight, speed, and operational capability 

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

• Operation of the sUAS within visual line of sight of the operator. 

Reform Act Section 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 Section 333( c) (emphasis added) 

The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under section 40101 ofthe Act that includes sUASs, from the requirement that civil aircraft must 

have a current airworthiness certificate. 

Applicant interprets this provision to place the duty on the Administrator not only process 

applicants for exemptions under section 333, but for the administrator to craft conditions for 

the safe operation ofthe 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) ofthis section or any sections 44702-44716 ofthis title 

if the Administrator finds the exemption in the public interest. 49 U.S.C. Section 44701(f) 

see also 49 USC Section 44711(a); 49 USC Section 44704; 14 CFR Section 91.203 (a) (1). 

Down Below Photo Videography LLC/Jeremy Roush, operates sUASs mulitrotors 

weighing 55 or fewer lbs. including payload. They operate under normal conditions at a speed of 

no more than 70 knots. They will operate in a line of sight and will operate only within the sterile 

areas made up of; Farm land, Gas and Oil Fields, Power Utility Grid, Pipeline Inspection and 

Cell Towers locations, Construction Site and Quarries Inspection, restricted perimeters around 

listed real estate properties, restricted perimeters around structures requiring aerial inspections, 

and restricted perimeters around business entities requiring promotional video and/or 

photography. 

Given the small size of the sUASs involved and restricted sterile 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 sUASs to commence immediately. Also due to the size of the 

UASs and the restricted areas in which the relevant sUASs 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 and chemical spills, exemptions associated with allowing sUASs for agricultural 

operations, oil and gas surveying operations. The grant of the requested exemptions is in the 

public interest. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay. 

AIRCRAFT AND EQUIVELANT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to aircraft that have 

the characteristics and that operate within 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 agricultural services and crops dusting currently being used with 

conventional aircraft. 

1. The sUASs will weigh less than 55 lbs. 

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

3. Maximum total flight time for each operational flight launch to land time is 4 hours for 

fixed wing operation. Flight operations of Mulitcopters is 90 minutes launch to land. 

Flights will be terminated at 25% battery power reserve. 

4. Flights will be operated at an altitude of no more than 400 feet AGL for rotorcraft and 

1000 AGL for fixed wing and or 200' above any man made structure. 

5. Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. 

6. No Visual Observer required when PIC is a Commercially Rated Pilot and operating at 

altitudes below 400' AGL rotorcraft and fixed wing. 

7. sUAS Pilot will be certified by the aircraft manufacture for operations and have 

obtained 

at least a Sport Pilot license (LSA), No Medical required, valid driver's license required. 

8. sUAS Pilot will be pilot in command (PIC). If a pilot certificate holder other than the 

sUAS Pilot, who possess the necessary PIC qualifications, is also present on site (i.e. the 

aerial coordinator), that person can also be designated as PIC. 

9. The UAS will only operate within a confined "sterile area" and have a "Security 

Perimeter" for the flight operations area. 

10. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day's production activities. It will be mandatory that all personal that will be performing 

duties within boundaries of the safety perimeter be present for this briefing. 

11. Pilot and observer will have been trained in the operation ofUAS generally and 

received up-to-date information on the particular UAS. Observer and Pilot will at all 

times be able to communicate by voice or text. 

12. Written and/or oral permission from the relevant property holders will be obtained. 

13. If the sUAS loses communications or it losses its GPS signal, the UAS will have 
capability to return to a pre-determined location within the Security Perimeter and land. 

14. The sUAS will have capability to abort flight in case of unpredictable obstacles or 

emergencies. 

15. Section 333 Air Worthiness Exemption is transferable from manufacture to operator 

upon completion of all requirements defined in this petition. 

14 C.F.R. Part 21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR Section 91.203 (a) (1 ). Given 

the size and limited operating area associated with 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 ofthe 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, proximity to airports and populated areas of the particular sUAS. In all 

cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate, in a restricted environment and under the conditions proposed will be at lease as safe, 

or safer, than conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the retractions and conditions proposed. 

The sUAS to be operated here under is less than 55 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable materials liquid fuels, and 

operates exclusively within a secured area as set forth in our S.O.P. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the operator 

and, pursuant to the requirements, and in compliance to local public safety requirements, to 

provide security of the area of operation as is now done with conventional flag man. The FAA 

will have advance notice of all operations. These safety enhancements, which already apply to 

civil aircraft operated in connection to agricultural aerial applicators, provide a greater degree of 

safety to 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 sUAS, 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. Section 45.23 (b). Marking of the aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration of the 

number is displayed on limited, restricted or in a light-sport category aircraft or 

experimental or provisionally certified aircraft, the operator must also display on the 

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 

spot," "experimental," or "provisional," as applicable. 
Even though the sUAS will have no airworthiness certificate, and exemption may be 

needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the 

word "experimental" can be placed. Given the size ofthe sUAV, the 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 sUA V marked on it 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUA V 

will see the identification of the sUA V as "Experimental." The FAA has issued the following 

exemptions to this regulation; Exemptions Nos. 10700, 8738, 10167 A. 

14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the sUAS 

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 minimum of a 

Sport Pilots Certificate rather than have a Commercial Pilots Certificate to operate this small 

UAS. Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely 

controlled with no living thing onboard. The area of operation is controlled and restricted, and all 

flights are planned and coordinated in advance as set forth by in the S.O.P. The level of safety 

provided by the requirements included in the S.O.P 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 sUAS are so diminished from the level of risk associated with the 

operation of commercial operations contemplated with Part 61 when drafted, that allowing 

operations of the sUAS as requested with a recreational Sport 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 

airworthiness 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 the requirements contained in the SOP for 

maintenance and the use of safety check lists prior to each flight, 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 placard, or 

any combination thereof. 
The sUAS, 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 onboard, 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 sUAS will have access to it. The FAA has issued 

the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565,9565B, 10167, 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 the flight. As the FAA approved rotor craft flight manuals will not be 

provided as set forth in sections ofthe S.O.P., 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. 

sUASs and remotely controlled aircraft, by their design do not have fully functioning 

dual controls. Flight control is accomplished though the use of a control box that communicates 

with the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functioning dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See exemption Nos.5778K & 9862A. 

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

Section 91.119 establishes safe altitudes for operations 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 exemption is for the sUAS that is a helicopter and the exemption requests authority to 

operate at altitudes of up to 400 AGL for rotorcraft and 1000 AGL for fixed-wing, or not more 

than 200 above an elevated platform such as man made structures and radio towers, an 

exemption may be needed to allow such operations. As set forth by herein, except for the limited 

conditions stated in the SOP, the UAS will never operate higher than 400 AGL for rotorcraft and 

1000 AGL for fixed-wing. It will however be operated in a restricted area with a security 

perimeter, where buildings and people will not be exposed to operations without their preobtained consent. 

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

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 activity, all affected individuals will be aware of the planned flight operations 

as set forth in the SOP. Compared to flight 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 currently presented with conventional 

aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the sUAS will 

ensure separation between these sUAS 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 sUAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, 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 and individual from beginning "a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel 

to fly to the first point of intended landing, and assuming normal cruising speed- (1) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes." 

The battery powering the sUAS provides approximately 3 hours of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 2 hours and 30 minutes in length. Given the limitations on the sUAS's proposed 

flight area and the location of its proposed operations within a predetermined area, a longer time 

frame for flight in daylight or night VFR conditions is reasonable . 

Applicant believes that an exemption from 14 CFR (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 risk that Section 

91.151(a) was intended to alleviate given the size speed ofthe sUAS. Additionally, limiting 

sUAS 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 

2 hrs 30 minutes or 25% of battery power, for both fixed wing and rotorcraft, whichever happens 

first. This restriction would be more than adequate to return the sUAS 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 cockpit entrance so that it is legible to 

passengers or crew. 

The sUAS fully loaded weighs no more than 55lbs and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration 

documents or display them on the sUAS. 

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

ground control point where the pilot flying the sUAS will have immediate access to them; 

to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions 

to this regulation. A representative sample of other exemptions includes Exemption Nos. 

9565,9665,9789,9789A,9797,9816A, 10700. 

14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b) 

These regulations require that an aircraft operator or owner "shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter ... ,"and others shall inspect or maintain the aircraft in compliance with part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the application. Maintenance will be accomplished by 

the operator pursuant to the flight manual and operating checklist. 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 sUAS can land immediately and will be operating no higher than 400 feet AGL for rotorcraft 

and 1000 AGL for fixed-wing. As provided in the SOP, the operator will ensure that the sUAS is 

in working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance preformed. 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. 
I 

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.P.R. §21, subpart H; 14 C.F.R 45.23 (b); 14 C.P.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) and 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (55lbs or less) in the Agricultural 3d Mapping Service Operations, Oil and Gas 

Exploration and Pipeline Inspection. 

Approval of exemptions allowing commercial operations of sUASs in the Agricultural 3d 

mapping/scanning, Oil & Gas Exploration, Pipeline and Tower Inspection Industry, Construction 

Site and Quarries Inspection, restricted perimeters around listed real estate properties, restricted 

perimeters around structures requiring aerial inspections, and restricted perimeters around 

business entities requiring promotional video and/or photography, will enhance safety by 

reducing risk. Conventional operations using jet or piston aircraft operate at extremely low 

altitudes just feet from the equipment and livestock and structures and present the risks 

associated with vehicles that weigh in the neighborhood of 3,000-5,000 lbs. This equipment can 

carry large amounts of jet A or other fuel. Helicopters operate with 140 gallon fuel in their tanks 

in most operations which could be a significant risk to the environment. The sUAS will carry no 

passengers or crew and therefore will not expose them to the risks associated with manned 

aircraft flights. 

The operations of small UASs, weighing less then 55 lbs., conducted in the strict 

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

Part 21 and allowing commercial operations. These lightweight UAVs operate at slow speeds, 

close to the ground and in sterile environment and as a result are far safer than conventional 

operations conducted with a piston and or turbine aircraft operating close to the ground. 

Public Acknowledgement/Privacy 

All Flights will occur only once the property owner has authorized operations to be 

conducted. Satisfaction of the criteria provided in Section 333 of the Reform Act of2012-size, 

weight, speed, operating capabilities, proximity to populated areas and or close proximity to 

airports and operations within visual line of sight provides more then adequate justification for 

the grant ofthe requested exemptions allowing commercial operation of applicant's sUAS in the 

commercial industry described in this exemption petition. 

Sincerely, ~ 

Je. my Roush 

Down Below Photo/Videography LLC