Peter Sachs, Esq. 3 Weir Street

Branford, CT 06405 

peter@DroneLawJournal.com

203.871.3393

May 12, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

RE: Petition for Exemption from Certain Federal Aviation Regulations, Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012. 

Dear Sir/Madam:

In 2012, Congress passed the FAA Modernization and Reform Act (“FMRA”). In Section 333 of 

that Act, Congress directed the Secretary of Transportation to consider whether certain unmanned 

aircraft (“UA”) may be operated safely in the national airspace system (“NAS”) prior to the Federal 

Aviation Administration’s (“FAA”) completion of the rulemaking Congress had ordered under the 

Act’s Section 332. (FMRA §333(a)).

In making that determination, the Secretary is required to consider whether a UA, “as a result of [its] 

size, weight, speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do[es] not create a hazard to users of the national airspace system or the 

public or pose a threat to national security,” and “whether a certificate of waiver, certificate of 

authorization, or airworthiness certification under section 44704 of title 49.” (FMRA §333(b)).

If the Secretary determines “that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system.” (FMRA §333(c)).

To that end, and pursuant to the FMRA’s Section 333, and in accordance with the procedures set 

forth in 14 C.F.R. Sections 11.15, 11.61 and the relevant portions of 14 C.F.R. Sections 11.63 

through 11.103, I hereby submit this petition for an exemption from certain of the Federal Aviation 

Regulations (“FARs”) addressed more specifically below, so that I may operate a small UA 

commercially in the NAS.1

 1 Petitioner takes no position with respect to what FAA regulations, if any, apply to the proposed operations. 

Petitioner assumes solely for purposes of this petition that the FAA’s position is an exemption from the indicated 

aviation regulations may be required.
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THE PETITIONER: 

My name and contact information is: 

Peter Sachs

3 Weir Street

Branford, CT 06405

(203) 871-3393

peter@dronelawjournal.com

I am an FAA-certified airman and have been for over 30 years, since 1983. I hold an FAA-issued 

Commercial Pilot license with a rotorcraft-helicopter rating, and an FAA-issued Ground 

Instructor license with an Advanced Rating. (FAA Certificate #3614280)2. 

I received my flight training at FlightSafety Academy in Vero Beach, FL. I have managed two 

fixed-based operations— one at Tweed-New Haven Airport in New Haven, CT and the other at 

Van Nuys Airport in Van Nuys, CA. I have flown small UAs regularly for hobby and recreation, 

and in the course of my duties as a volunteer member of a fire department for several years. 

Given my aviation training, certification and background, I already possess sufficient 

aeronautical knowledge and experience to operate safely at all times in the NAS. By virtue of

having certified me as a Commercial Helicopter Pilot and an Advanced Ground Instructor, it 

stands to reason that the FAA would equally believe I possess sufficient aeronautical knowledge 

and experience to operate safely at all times in the NAS.

I am also an attorney with a concentration in drone law, the publisher of DroneLawJournal.com, 

the founder of the Drone Pilots Association and an avid photographer. I am in good health and 

I have no vision problems. My valid, Connecticut-issued driver license contains no restrictions.

 

2 At this writing, neither of my FAA-issued licenses is current, and I do not hold any current medical certificate.
- 3 -

THE UNMANNED AIRCRAFT:

The UA that I am requesting to operate commercially is a “powered” paper airplane known as 

the “PowerUp 3.03,” manufactured by Tailor Toys L.L.C. The specifications of the UA are:

Structure: Carbon fiber; glass reinforced nylon impact resistant cockpit and 

motor mount; and a rubber tip for dampening impacts on crashes 

and avoiding injury.

Control Software: iOS & Android mobile applications.

Connectivity: Bluetooth 4.0

Battery: Internal lithium polymer 75mAh, with built-in protection circuit.

Dimensions: 20cm (7.9in) length. Width varies depending upon paper size and 

paper folding method.

Weight of motor: 9gr (0.32oz).

Weight of camera: 5gr (0.18oz).

Weight of paper: 5gr (0.18oz).

Total takeoff weight: 19gr (0.67oz).

Speed: 5 m/s (18 km/h) or 16.4 f/s (11.184 mph).

Control range: 40-50m / (120-180f) radius from operator. 

Safety system: If communication with UA is lost due to it flying beyond the control

range, the smart phone app will automatically shut the airplane's 

motor off, allowing the UA to glide down to the surface.

Flight time: 5-10 minutes.

REASON FOR REQUESTING AN EXEMPTION:

I intend to operate my UA commercially by conducting aerial photography and videography, 

both at the request of others and absent anyone’s request, but in either case with the intent to 

create saleable art.

THE EQUIVALENT LEVEL OF SAFETY:

Due to the size, weight, speed and limited operational capabilities of the UA I intend to operate 

pursuant to an FAA-granted exemption, an equivalent or higher level of safety will exist than 

performing the same operations with a manned aircraft under existing regulations. I agree to be 

bound by the following limitations and conditions when conducting commercial operations with 

the UA under an FAA-granted exemption include:

• The majority of the UA structure (fuselage and wings) will be composed of paper, a frangible 

material.

 3 Manufacturer’s website: http://www.poweruptoys.com
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• The UA will have a weight of 19-grams, which is approximately 1/1,232th of the maximum 

allowable weight of 55 lbs, and approximately 1/110th of the 4.4 lbs weight limit proposed 

under the NPRM’s “Micro UAS” proposal. 

• The UA will have a maximum operating speed of no more than 12 mph, which is no more 

than 12% the speed of the maximum allowable operating speed of 100 mph and less than 

50% the speed of the 30 knots proposed under the NPRM’s Micro UAS proposal.

• All flights will be operated within line of sight of the Pilot in Command (“PIC”). 

• The average maximum flight time for each operational flight will be approximately 5-10 

minutes. 

• All flights will be operated at an altitude no greater than 180 feet Above Ground Level 

(“AGL”), which is slightly more than one-half the length of a football field. 

• The UA operator will be a designated PIC.

• The PIC will plan the operations prior to each flight.

• The PIC will inspect the UA prior to each flight to ensure the UA may be flown safely and 

not present any actual hazard to any persons or property. 

• The PIC will be trained in the operation of the UA, and will have the requisite experience 

flying the type of UA to be flown. 

REGULATIONS FROM WHICH EXEMPTION IS REQUESTED:

• 14 C.F.R. Part 21, Subpart H; 

• 14 C.F.R. 45.23(b); 

• 14 C.F.R. 61.3; 

• 14 C.F.R. 61.113(a)&(b); 

• 14 C.F.R. 91.7(a); 

• 14 C.F.R. 91.9(b)(2); 

• 14 C.F.R. 91.103(b); 

• 14 C.F.R. 91.109; 

• 14 C.F.R. 91.119; 

• 14 C.F.R. 91.121; 

• 14 C.F.R. 91.126; 

• 14 C.F.R. 91.127; 

• 14 C.F.R. 91.129; 

• 14 C.F.R. 91.130; 

• 14 C.F.R. 91.131; 

• 14 C.F.R. 91.133; 

• 14 C.F.R. 91.137; 

• 14 C.F.R. 91.138; 

• 14 C.F.R. 91.139; 

• 14 C.F.R. 91.141; 

• 14 C.F.R. 91.143; 

• 14 C.F.R. 91.144; 

• 14 C.F.R. 91.145; 

• 14 C.F.R. 91.151(a); 

• 14 C.F.R. 91.203(a)&(b); 
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• 14 C.F.R. 91.405(a); 

• 14 C.F.R. 91.407(a)(1); 

• 14 C.F.R. 91.409(a)(2); and

• 14 C.F.R. 91.417(a)&(b). 

REASONS EXEMPTIONS FROM CERTAIN REGULATIONS ARE REQUESTED:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates. 14 C.F.R. §91.203(a)(1) establishes 

the procedural requirements for the issuance of airworthiness certificates required under FAR 

§91.203(a)(1). If the FAA believes this regulation applies to my UA, I request an exemption.

Both 49 U.S.C. §44701(f)) and Section 333 of the FMRA authorize the FAA to exempt certain 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed and operational capabilities. Due to the size, weight, speed and limited operational 

capabilities of the UA I intend to operate, an exemption from Part 21 Subpart H would satisfy 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA, as 

the FAA might believe is required for me to fly my UA commercially. 

The UA I intend to operate weighs far less than 55 lbs — 1/110th of that to be precise. It carries 

neither a pilot nor a passenger. It carries no flammable liquid fuels. As such, the UA I wish to 

operate without an airworthiness certificate will be at least as safe, and indeed far safer than any 

manned aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued under 

14 C.F.R. Part 21, Subpart H. Moreover, the size, weight, speed and limited operational 

capabilities of the UA I intend to operate demonstrate that it would present no credible threat 

whatsoever to national security. 

14 C.F.R. §45.23(b). Marking of the Aircraft. This 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 UA will have no airworthiness certificate, the FAA might believe an exemption 

would be required, as the UA has no entrance to any cabin, and no cockpit or pilot station on 

which the word “Experimental” could be placed. Given the size of the UA, two-inch lettering 

will be impossible. If it is determined to be required, the word “Experimental” will be displayed 
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on the fuselage in compliance with §45.29(f), and the equivalent level of safety will be provided.

14 C.F.R. §61.3 Requirement for certificates, ratings, and authorizations. This regulation 

requires, in relevant part, that no person may serve as a “required pilot flight crewmember” of a 

civil aircraft of the United States, unless that person has a pilot certificate issued under Part 61. 

14 C.F.R. 1.1 defines “crewmember” as “a person assigned to perform duty in an aircraft during 

flight time.” I request an exemption from this regulation.

Although my FAA-issued commercial pilot license with a rotorcraft-helicopter rating and 

ground instructor license with an advanced rating are not current, I nonetheless have over 30 

years of aeronautical, meteorological, and airspace knowledge and experience. Incurring the 

enormous expense of becoming current in a manned helicopter to be considered qualified to fly 

a 19-gram paper airplane would be excessively burdensome. 

Moreover, as an operator of a UA, I would never be performing any duties in an aircraft since it 

would be impossible for me to do so. I would, at all times, be outside of the UA. Thus, I would 

not be a crewmember at all under 14 C.F.R. 1.1, much less a “required pilot flight crewmember” 

under 14 C.F.R. §61.3. As such, the latter regulation would not even apply to me, as it contains 

no requirement for airman certification for non-crewmembers.

I am aware that the FAA has stated that it believes FMRA Section 333 does not provide it with 

the flexibility to exempt persons from what it perceives to be statutory requirements to hold an 

airman certificate found under §44711. Even if that were true, that statute would not require me 

to hold an airman certificate in any instance to conduct commercial activities with the UA I 

intend to fly. 

49 U.S. Code §44711 reads, in relevant part, that “a person may not operate a civil aircraft in air 

commerce ... without an airman certificate authorizing the airman to serve in the capacity for 

which the certificate was issued.” 49 U.S. Code §44711 (a)(1) and 49 U.S. Code §44711(a)(2). 

(Emphasis added.)

“Air commerce,” in turn, is defined under 49 U.S. Code §40102(a)(3). It reads, “‘air commerce’ 

means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the 

operation of aircraft within the limits of a Federal airway, or the operation of aircraft that 

directly affects, or may endanger safety in, foreign or interstate air commerce.
- 7 -

If the requested exemption is granted, I have neither the intent nor the ability to engage in “air 

commerce” as defined by statute. I would not be able to fly my UA in “foreign air commerce,” 

“interstate air commerce” or operate my UA “within the limits of a Federal airway.” Nor would 

my 19-gram paper airplane remotely “endanger safety in foreign or interstate air commerce.” 

Therefore, and for the aforementioned reasons, I request an exemption from 14 C.F.R. §61.

The FAA has further stated that it believes FMRA Section 333 does not provide it with the 

flexibility to exempt persons from §44711 because “the Transportation Security Administration 

(TSA) conducts security screenings of certificated airmen. UAS operations authorized under 

Section 333 will only be conducted by airmen with valid airmen certificates, which have been 

screened by TSA, thereby meeting the statutory requirement in Section 333 for operations to not 

pose a threat to national security.” However, as a certified airman, I have already been vetted by 

the TSA4, and I was obviously not considered to be a threat to national security since my 

certificate remains valid. 

Therefore, for the aforementioned reasons, the FAA does have flexibility to exempt me from 14 

C.F.R. 61.3 and I request an exemption from this regulation.

14 C.F.R. §61.113(a) and (b): Private Pilot Privileges and Limitations. Pursuant to 14 

C.F.R. 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. I 

request an exemption from this regulation.

Given the size, weight, speed and limited operational capabilities of the UA to be flown, my UA 

may achieve an equivalent level of safety as achieved by current regulations because it does not 

carry any pilots, nor any passengers or property for compensation or hire. The risks attendant to 

the operation of my UA are far less than the risk levels inherent in the commercial activities 

outlined in 14 C.F.R. 61. 

 4 “In early 2009, TSA performed a biographic name-based security threat assessment for every individual airman certificate issued by 

FAA.” Transportation Security Administration (TSA) Vetting of Airmen Certificates and General Aviation Airport 

Access and Security Procedures (OIG-11-96 July 2011) (Page 2, last paragraph, sentence 2.) See:

http://www.oig.dhs.gov/assets/Mgmt/OIG_11-96_Jul11.pdf

“Since 2009, TSA has continuously vetted all new and existing FAA airman certificate holders against the Terrorist Screening 

Database” GAO Report: General Aviation Security: TSA's Process for Ensuring Foreign Flight Students Do Not 

Pose a Security Risk Has Weaknesses (GAO-12-900T: Jul 18, 2012) (Paragraph 7, sentence 1.) See: 

http://gao.gov/products/GAO-12-900T
- 8 -

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. This 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 if this exemption is granted, no FAA regulatory standard will 

exist for determining airworthiness. I request an exemption from this regulation.

Given the size, weight, speed and limited operational capabilities of the UA to be flown, regular 

maintenance and use of a safety checklist prior to each flight will provide an equivalent level of 

safety. 

14 C.F.R. §91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. This regulation provides 

that “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.” I request an exemption from this 

regulation.

Given the size, weight, speed and limited operational capabilities of the UA to be flown, it is not 

possible to carry such a flight manual onboard the aircraft, and there would be no pilot on board 

to read it. The equivalent level of safety will be maintained either by writing the operating 

instructions on the UA itself, or by keeping the operating instructions at the ground control 

point where I will be flying my UA, where I will have immediate access to it. 

14 C.F.R. §91.103: Preflight Action. This regulation requires, in relevant part, that each pilot in 

command take certain actions before each flight to ensure the safety of flight, including 

familiarizing oneself with “runway lengths at airports of intended use, takeoff and landing 

distance information,” and “other reliable information appropriate to the aircraft, relating to 

aircraft performance under expected values of airport elevation and runway slope, aircraft gross 

weight, and wind and temperature.” I request an exemption from this regulation.

Since I will not be taking off from or landing upon any airport runways, takeoff and landing 

distance information, airport elevation and runway slope will not be relevant to my UA 

operations. Given the size, weight, speed and limited operational capabilities of my UA, aircraft 

gross weight, and wind and temperature will also not be relevant to my UA operations. Lastly, 

FAA-approved flight manuals do not exist for my UA. 

Nonetheless, I will still take all actions necessary pre-flight actions to ensure the airworthiness of 
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the UA and the safety of each flight. Given the size, weight, speed and limited operational 

capabilities of the UA to be flown the equivalent level of safety will be provided. 

14 C.F.R. §91.109: Flight Instruction. This regulation 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. I request an exemption from this regulation. 

I have no intention to, nor will I, use my UA to conduct flight instruction, nor are dual controls 

technically possible with my UA. Therefore, an equivalent level of safety will be provided.

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. I request an exemption from this regulation.

As set forth above, the UA I intend to operate will never operate above 180 feet. The equivalent 

level of safety will be provided due to the size, weight, speed and limited operational capabilities 

of the UA. Compared to flight operations with manned aircraft weighing far more than the 19-

gram UA I intend to fly, coupled with the lack of flammable fuel, any risk associated with my 

intended operations is essentially nonexistent when compared to those presented by manned 

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

UA I intend to fly will ensure significant separation between the UA operations and the 

operations of manned 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.” I request an 

exemption from this regulation.

Since the UA I intend to fly does not have and cannot have a barometric altimeter or a GPS 

altitude read out, an exemption is necessary. An equivalent level of safety will be achieved by the 

size, weight, speed and limited operational capabilities of the UA. 

14 C.F.R. §91.126 Operating on or in the vicinity of an airport in Class G airspace. This 

regulation requires, in relevant part, that each person operating an aircraft on or in the vicinity of 

an airport in a Class G airspace area must maintain two-way radio communications with the 
- 10 -

control tower prior to 4 nautical miles from the airport. I request an exemption from this 

regulation.

Since the UA to be flown does not and cannot have a two-way radio, and given the size, weight, 

speed and limited operational capabilities of the UA, an equivalent level of safety will be 

provided. 

14 C.F.R. §91.127 Operating on or in the vicinity of an airport in Class E airspace. This 

regulation requires, in relevant part, that each person operating an aircraft on or in the vicinity of 

an airport in a Class E airspace area must maintain two-way radio communications with the 

control tower prior to 4 nautical miles from the airport. I request an exemption from this 

regulation.

Since the UA to be flown does not and cannot have a two-way radio, and given the size, weight, 

speed and limited operational capabilities of the UA, an equivalent level of safety will be 

provided.

14 C.F.R. §91.129 Operations in Class D airspace. This regulation requires, in relevant part, 

that each person operating an aircraft in Class D airspace must comply with §§91.126 and 91.127 

and the two-way radio communications with the control tower prior to entering that airspace 

and thereafter maintain those communications while within that airspace. I request an 

exemption from this regulation.

Since the UA to be flown does not and cannot have a two-way radio, and given the size, weight, 

speed and limited operational capabilities of the UA, an equivalent level of safety will be 

provided.

14 C.F.R. §91.130 Operations in Class C airspace. This regulation requires, in relevant part, 

that each person operating an aircraft in Class C airspace must comply with §91.129 and that the 

aircraft must be equipped with the applicable equipment specified in §91.215 (a transponder and 

automatic altitude reporting equipment). I request an exemption from this regulation.

Since the UA to be flown does not and cannot have a two-way radio or a transponder, and given 

the size, weight, speed and limited operational capabilities of the UA, an equivalent level of 

safety will be provided.

14 C.F.R. §91.131 Operations in Class B airspace. This regulation requires, in relevant part, 
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that each person operating an aircraft in Class B airspace, must comply with §91.129; must 

receive prior ATC clearance from the ATC facility having jurisdiction for that area; must hold a 

certain level of pilot certification; and the aircraft must be equipped with the applicable 

equipment specified in §91.215 (a transponder and automatic altitude reporting equipment). I 

request an exemption from this regulation.

Since the UA to be flown does not and cannot have a two-way radio or a transponder, an 

equivalent level of safety will be achieved by virtue of the size, weight, speed and limited 

operational capabilities of the UA.

14 C.F.R. §91.133 Restricted and prohibited areas. This regulation requires, in relevant part, 

that no person may operate an aircraft within a restricted area (as designated in Part 73), contrary 

to the restrictions imposed, or within a prohibited area, unless that person has the permission of 

the using or controlling agency, as appropriate. I request an exemption from this regulation.

Since the UA to be flown would not present any credible threat to anything or anyone restricted 

and prohibited areas are intended to protect, and given the size, weight, speed and limited 

operational capabilities of the UA, an equivalent level of safety will be provided.

14 C.F.R. §91.137 Temporary flight restrictions in the vicinity of disaster/hazard areas.

This regulation requires, in relevant part, that no person may operate an aircraft within an area 

designated by the Administrator though a Notice to Airmen (NOTAM), as one in which 

temporary flight restrictions apply due to certain hazards or conditions unless certain conditions 

are met. I request an exemption from this regulation.

Since the UA to be flown would not present any credible hazards to persons or property on the 

surface, and given the size, weight, speed and limited operational capabilities of the UA, an 

equivalent level of safety will be provided

14 C.F.R. §91.138 Temporary flight restrictions in national disaster areas in the State of 

Hawaii. This regulation requires, in relevant part, that no person may operate an aircraft within 

an area in Hawaii, designated by the Administrator though a Notice to Airmen (NOTAM), as 

one in which temporary flight restrictions apply due to certain hazards or conditions unless 

certain conditions are met. I request an exemption from this regulation.

Since the UA to be flown would not present any hazards to persons and property on the surface, 
- 12 -

an equivalent level of safety will be achieved by virtue of the size, weight, speed and limited 

operational capabilities of the UA.

14 C.F.R. §91.139 Emergency air traffic rules. This regulation requires, in relevant part, that 

no person may operate an aircraft, or other device governed by the regulation concerned, within 

airspace designated by the Administrator though a Notice to Airmen (NOTAM), whenever the 

Administrator determines that an emergency condition exists, or will exist, relating to the FAA's 

ability to operate the air traffic control system and during which normal flight operations under 

this chapter cannot be conducted consistent with the required levels of safety and efficiency. I 

request an exemption from this regulation.

Since the UA to be flown, given its size, weight, speed and limited operational capabilities, would 

not be conducted inconsistent with the required levels of safety and efficiency, an equivalent 

level of safety will be provided.

14 C.F.R. §91.141 Flight restrictions in the proximity of the Presidential and other parties.

This regulation requires, in relevant part, that no person may operate an aircraft over or in the 

vicinity of any area to be visited or traveled by the President, the Vice President, or other public 

figures contrary to the restrictions established by the Administrator and published in a Notice to 

Airmen (NOTAM). I request an exemption from this regulation.

Since the UA to be flown would present no credible danger whatsoever to those intended to be 

protected by the regulation, an equivalent level of safety will be provided.

14 C.F.R. §91.143 Flight limitations in the proximity of space flight operations. This 

regulation requires, in relevant part, that when a Notice to Airmen (NOTAM) is issued in 

accordance with this section, no person may operate any aircraft of U.S. registry, or pilot any 

aircraft under the authority of an airman certificate issued by the Federal Aviation 

Administration, within areas designated in a NOTAM for space flight operation except when 

authorized by ATC. I request an exemption from this regulation.

Since the UA to be flown would present no credible danger whatsoever to any space flight 

operation intended to be protected by the regulation, and given the size, weight, speed and 

limited operational capabilities of the UA, an equivalent level of safety will be provided.

14 C.F.R. §91.144 Temporary restriction on flight operations during abnormally high 
- 13 -

barometric pressure conditions. This regulation requires, in relevant part, that absent a waiver, 

no person may operate an aircraft or initiate a flight when any information indicates that 

barometric pressure on the route of flight currently exceeds or will exceed 31 inches of mercury. 

I request an exemption from this regulation.

Given the size, weight, speed and limited operational capabilities of the UA to be flown, 

operation can be conducted with a more than acceptable level of safety, and an equivalent level 

of safety will be provided.

14 C.F.R. §91.145 Management of aircraft operations in the vicinity of aerial 

demonstrations and major sporting events. This regulation provides that the FAA will issue a 

Notice to Airmen (NOTAM) designating an area of airspace in which a temporary flight 

restriction applies when it determines that a temporary flight restriction is necessary to protect 

persons or property on the surface or in the air, to maintain air safety and efficiency, or to

prevent the unsafe congestion of aircraft in the vicinity of an aerial demonstration or major 

sporting event. I request an exemption from this regulation.

Given the size, weight, speed and limited operational capabilities of the UA to be flown, the UA 

would not present any credible hazard to persons or property on the surface or in the air; will 

not have any effect on air safety and efficiency; and will not cause any unsafe congestion of 

aircraft in the vicinity of an aerial demonstration or major sporting event, and an equivalent level 

of safety will be provided. 

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.” I request an 

exemption from this regulation.

The UA I intend to fly provides approximately 5-10 minutes of sustained flight and uses no 

liquid fuel. Given the size, weight, speed and limited operational capabilities of the UA to be 

flown, none of the risks that Section 91.151(a) was intended to alleviate even apply, and an 

equivalent level of safety will be provided. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. The 
- 14 -

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 ... is displayed at the cabin or cockpit entrance so that it 

is legible to passengers or crew. I request an exemption from this regulation.

The UA I intend to fly when fully loaded weighs .03 lbs, or 54.97 lbs less than 55 lbs. and is 

operated without a pilot or any passengers onboard. If an exemption from obtaining an 

airworthiness certificate is granted, as I would expect, there would be no airworthiness certificate 

to display. Nor would there be any pilot or passengers to view any such certificate. Lastly, there 

is no ability or place to carry an airworthiness certificate on or within the UA. 

Given the size, weight, speed and limited operational capabilities of the UA to be flown an 

equivalent level of safety will be provided.

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. I request 

an exemption from this regulation.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to me if my UA is exempted from having an airworthiness certificate, 

which I expect would be the case. Maintenance will be accomplished by me and in accordance 

with my personal knowledge and experience, and given the size, weight, speed and limited 

operational capabilities of the UA to be flown, an equivalent level of safety will be provided. 

HOW GRANTING AN EXEMPTION WOULD BE IN THE PUBLIC INTEREST: 

Granting an exemption is in the public’s interest because:

(1) it would further the goals of Congress and, in turn, the interests of the people it 

represents. Congress ordered the safe integration of UA into the NAS. I am requesting to be 

part of that safe integration and therefore I am furthering Congress’s (and the people’s 

goals); 
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(2) the risk presented to life and property (both in the air and on the ground) would be 

reduced significantly or eliminated entirely as compared to similar operations using manned 

aircraft. The level of safety surrounding my proposed operations benefits the public because 

it presents a significantly lower, if any, risk to persons or property in the air or on the ground. 

Its environmental impact is all but non-existent— it emits no emissions and minimal noise. 

And it presents no danger to national security; and

(3) it would further demonstrate the guarantees provided to all persons under the First 

Amendment to the United States Constitution to express oneself freely. I want to express 

myself by creating art. The desire to sell that art is irrelevant. Newspapers, books, magazines, 

paintings and sculptures are all different types of protected expressions of speech, and each 

type may be sold without losing that protection.

Therefore, for the above-stated reasons, my request for exemption is in the public interest.

SUMMARY OF REQUEST FOR FEDERAL REGISTER:

In accordance with 14 C.F.R. §11.81(f), a summary of my Petition for Exemption request is 

provided for publication in the Federal Register. Peter Sachs (“the Petitioner”), is requesting 

exemptions from the following Federal Aviation Regulations to the extent the FAA believes they 

would apply to my UA: 

• 14 C.F.R. Part 21, Subpart H; 

• 14 C.F.R. 45.23(b); 

• 14 C.F.R. 61.3; 

• 14 C.F.R. 61.113(a)&(b); 

• 14 C.F.R. 91.7(a); 

• 14 C.F.R. 91.9(b)(2); 

• 14 C.F.R. 91.103(b); 

• 14 C.F.R. 91.109; 

• 14 C.F.R. 91.119; 

• 14 C.F.R. 91.121; 

• 14 C.F.R. 91.126; 

• 14 C.F.R. 91.127; 

• 14 C.F.R. 91.129; 

• 14 C.F.R. 91.130; 

• 14 C.F.R. 91.131;

• 14 C.F.R. 91.133; 

• 14 C.F.R. 91.137; 

• 14 C.F.R. 91.138; 

• 14 C.F.R. 91.139; 
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• 14 C.F.R. 91.141; 

• 14 C.F.R. 91.143; 

• 14 C.F.R. 91.144; 

• 14 C.F.R. 91.145; 

• 14 C.F.R. 91.151(a); 

• 14 C.F.R. 91.203(a)&(b); 

• 14 C.F.R. 91.405(a); 

• 14 C.F.R. 91.407(a)(1); 

• 14 C.F.R. 91.409(a)(2); and

• 14 C.F.R. 91.417(a)&(b). 

The exemption is requested since the FAA might consider my UA to be an “aircraft” under the 

federal definitions of the word, and that an exemption from certain FARs would be required in 

order to operate a small, 19-gram, camera-equipped unmanned powered paper airplane to create 

saleable art. 

If granted, the exemption would permit the Petitioner to use the UA to operate in any class of 

airspace and at any time of day. If granted, the Petitioner intends to operate the UA at all times 

below an altitude of 400ft AGL, but in accordance with no relevant FAA regulations. 

Nonetheless, the Petitioner will conduct all operations with the full regard for the safety of 

manned aircraft in flight and persons and property on the ground.
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CONCLUSION:

I am entitled to submit a petition for exemption from regulations that would burden me if (1) I 

can provide a level of safety at least equal to that provided by the rules from which I seek the 

exemption, and (2) my request is in the public interest.5 

With this petition I believe I have done just that. It is my belief that this request for exemption 

from certain FARs is reasonable, logical and is exactly what Congress intended FMRA Section 

333 to contemplate, and that it fulfills procedurally what a Petition for Exemption requires.

I have explained how my intended UA operations would provide an equivalent level of safety to 

each of the relevant FARs, mostly based upon the extremely small size, diminutive weight, low 

speed and limited operational capabilities of the UA to be flown. 

I have also explained how my intended UA operations would be in the public interest. It would 

further the goals of Congress, it would reduce the risk of hazard to persons and property and it 

would be in harmony with the First Amendment.

I believe I have provided more than enough justification for the grant of the requested 

exemption the FAA might believe is necessary for me to operate my UA commercially in the 

NAS. Accordingly, I request that the FAA grant the requested exemption without undue delay.

Thank you in advance for your time and consideration.

Sincerely,

Peter Sachs, Esq.

 5 See FAA’s “Guidelines for Submitting a Petition for Exemption” at 

http://aes.faa.gov/Petition/