Christopher Seufert 

2469 Main Street

South Chatham, MA 02659 

T 508.241.5555

Chris@MooncusserFilms.com 

http://www.MooncusserFilms.com

Small UAS Certificate of Registration 

CERTIFICATE HOLDER: Christopher Seufert 

UAS CERTIFICATE NUMBER: FA3AAEEHFE 

ISSUED: 01/01/2016 

EXPIRES: 01/01/2019 

January 28, 2016 

 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590

 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 

CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 

CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR 

Part 11, Christopher Seufert dba Mooncusser Films LLC, operator of Small Unmanned Aircraft Systems 

(sUAS) seeks an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAS, 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. 

SUMMARY

Christopher Seufert dba Mooncusser Films LLC, seeks exemptions from Title 14, Code of Federal Regulations§§ 61.113 (a) and (b),91.7 (a),91.119,91.121,91.151(a),91.405 (a),91.407 (a)(1),91.409 (a)(1) and (2),

91.417 (a) and (b) to operate a DJI PHANTOM 3 Professional quadcopter sUAS for the purpose of conducting aerial photography and/or video for public and/or private use including archeological reconnaissance, U.S. 

Coast Guard Search & Rescue, marine mammal surveying/protection, erosion monitoring, real estate, architecture, land surveying, engineering and other related professional activities. 

INTRODUCTION TO PETITIONER

Mooncusser Films LLC specializes in capturing and producing high quality videographic and photographic 

images for clients. Mooncusser Films LLC seeks an exemption to use a DJI Phantom 3 Professional quadcopter to commercially capture video and photographic images while working on private/public property with 

owner and/or agent consent. Mooncusser Films LLC will utilize a Visual Observer (V.O.) while maintaining 

Visual Line of Sight (V.l.O.S.) between the quadcopter and the UAV operator. The areas where SkySight 

Imaging Solutions conducts aerial photography is predetermined which allows for a controlled environment to 

operate safely. 

BASIS FOR PETITION

Mooncusser Films LLC pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. §11.61) and 

the FAA Modernization and Reform Act of 2012,Section 333,Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the DJI PHANTOM 3 Professional sUAS within the National Airspace System, and for an exemption from 

the requirements of 14 C.F.R.§§ 61.113 (a) and (b), 91.7 (a),91.119,91.121,91.151(a),91.405 (a),91.407 (a)(l), 

91.409 (a)(1) and (2), 91.417 (a) and (b). 

Name and Address of The Petitioner

Christopher Seufert 

Mooncusser Films LLC 

	 	
2469 Main Street 

South Chatham, MA 02659 

508-241-5555 

chris@MooncusserFilms.com

Commercial operation of our sUAS, which is equipped with cameras and sensors, would operate in the following manner: 

1. Aerial photography and/or video for public and/or private use including archeological reconnaissance, marine mammal surveying/protection, erosion monitoring, real estate, architecture, land surveying, engineering 

and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local 

government authority. 

4. Aerial video/photography or video including live video feed to assist with search and rescue operations in 

cases of an emergency or natural disaster.

5. Offer training to persons or private/public organizations that have interests in the use and application of 

sUAS for the purpose of enhancing the safety of the National Airspace System (NAS) 

The DJI PHANTOM 3 Professional

The DJI Phantom 3 Professional is a quad-rotor Small Unmanned Aircraft System (sUAS) weighing less than 

3 pounds. The Pilot in Command (PIC) controls the sUAS with a handheld multi function remote control in 

conjunction with a live video feed from the sUAS mounted High Definition camera viewed on a smartphone or 

tablet computer. The PIC is also in constant visual Line Of Sight contact with the sUAS.

The DJI Phantom 3 Professional can maintain its positioning in 3D space and report via a map on the live 

feed screen by utilizing a minimum of 6 GPS satellites and normally uses up to 16 different GPS satellites for 

its positioning. It also features a safety ‘Return to Home’ function. In the event of a signal loss from the remote 

controller, the sUAS will return to a preset position and land. The Return 

to Home feature can also be invoked manually by the PIC. 

The Phantom 3 Professional can fly at approximately 26kts. SkySight Imaging Solutions rarely will have the 

need to operate at a speed greater than 10kts. The Phantom 3 Professional is powered by a lithium polymer 

battery. This battery gives the Phantom 3 Professional approximately 18 minutes of flight time with its attached payload of a 12 mega pixel camera. It will be operated in line of sight within a predetermined area as 

requested by the property representative. 

As described fully below, the requested exemption would permit the operation of a sUAS under controlled 

conditions in the NAS that would be limited and predetermined, and will provide safety enhancements to the 

present aerial imaging market that currently 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.” 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations allows for a higher level of safety of the persons and/or property than by using conventional aircraft. The applicant agrees to the limitations and conditions when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) 

1. The sUAS will weigh less than 3 lbs.

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

3. Maximum flight time for each operational flight will be up to 18 minutes. Flights will be terminated at 25% 

battery power reserve.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL)

5. Minimum crew for each operation will consist of the sUAS Pilot In Command (PIC,) and Visual Observer 

(VO.) 

6. The sUAS pilot will be a designated Pilot in Command (PIC) and hold a valid state driver’s license and 

have requisite experience and ample practice flight time operating the sUAS as well as demonstrated piloting 

skills and strict adherence to safety policies.

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7. A briefing will be performed regarding the planned sUAS operations prior to each flight for the production 

activities. 

8. The operator will obtain verbal/written consent of all persons involved with the planned operation.

9. The PIC and VO will be able to communicate by voice and/or radio/cellphone at all times.

10. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies as needs arise.

11. If the sUAS loses communications or loses GPS signal, the sUAS will have the capability to return to a 

pre-determined safe location and land autonomously.

12. Consistent pre-flight safety and operational checks will precede each flight.

13. Regular sUAS maintenance and airworthiness checks to be performed.

14. No flight operations within 5 miles of an airport without first notifying the airport control tower. 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 14 CFR 45.23 (b)

14 CFR 61.113 (a) and (b) 14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c) 14 CFR 91.121 

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b) 

Given the small size of the sUAS and the controlled environment, the proposed operations will adhere to the 

Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced greenhouse gas emissions and noise, the grant of the 

requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay. 

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 sUAS. In all cases, an analysis of 

these criteria demonstrates that the sUAS 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 sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored 

by both the operator and under the requirements and in compliance with local public safety requirements. 

These safety enhancements provide a greater degree of safety to the 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. § 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 sUAS will have no airworthiness certificate, an exemption may be 

needed as the sUAS will have no entrance to the cabin, 

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cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, two-inch 

lettering will be impossible. 

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

Pursuant to 14 CFR 61.113 (a), 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. A pilot’s license will not ensure 

remote control sUAS piloting skills. Our sUAS does not carry pilots or passengers nor property therefore I am 

seeking an exemption to 14 CFR 61.113(a). 

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 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 for maintenance and 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 placards, 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 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 sUAS will have immediate access to it. 

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. The PIC will follow preflight actions including reviewing weather, sUAS airworthiness and inspection 

checks, multiple satellite GPS signal locks, landing and takeoff distances, flight plan, and aircraft performance 

calibration data before initiation of each 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. The DJI Phantom 3 Profession sUAS is a remotely piloted aircraft and by its design does not have dual controls. Flight control is accomplished through the use of a single handheld remote controller that communicates with the aircraft via 

radio communications. 

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 sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 

above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feet 

AGL, the sUAS will not be operated more than 100' above the highest point on the structure nor greater than 

200’ away. It will however be operated in a restricted area where buildings and people will not be exposed to 

operations without their pre-obtained 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 filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting 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 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. 

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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 

safety check list and live flight data monitoring, 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 powering the sUAS provides approximately 18 

minutes of powered flight. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, the applicant believes that an exemption from 14 CFR 

§91.151(a) falls within the scope of prior exemptions. 

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 risks that Section 91.151(a) was intended to alleviate given the size and speed of the small 

UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 18 minutes 

or 25% of battery power— whichever happens first. This restriction would be more than adequate to return 

the sUAS to its planned landing zone from anywhere in its limited LOS operating area.

 

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 sUAS fully loaded weighs no more than 3 lbs. and is operated without an onboard pilot. As such, there is 

no ability or place to carry certification and registration documents or to 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. 

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. Maintenance will be accomplished by the operator pursuant to the flight manual 

and operating handbook. 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 from no higher than 400 feet 

AGL. 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 performed. 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. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As 

provided in the FOM, the operator will ensure that the sUAS is in working order prior to initiating flight and 

perform required maintenance needed. 

REASONS WHY GRANTING THE EXEMPTION WOULD BE IN THE PUBLIC INTEREST 

Mooncusser Films LLC is seeking relief from any applicable FARs that may prevent SkySight Imaging Solutions from conducting aerial photography of real estate and other legal flight operations. The weight of the 

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sUAS meets the definition of ''small unmanned aircraft” found in section 331 "The Reform Act”. SkySight 

Imaging Solutions seeks to operate legally as a small business that cater mostly to real estate agents. Realtors are not permitted to use sUAS's or hire operators unless they or the person they hire, is permitted by the 

FAA to fly a UAS. Mooncusser Films LLC would satisfy the need for safe and affordable aerial video and still 

photography. 

Aerial photography lends a unique perspective to the viewer. The angles of capture show areas that are not 

able to be seen by an earthbound photographer. This type of photography has been used for some time by 

real estate agencies and construction firms. Unfortunately though, it is often cost prohibitive for small business. The expensive fees demanded by traditional aerial photography companies has often given large firms 

an advantage. With a Grant of Exemption from the Administrator, Mooncusser Films LLC can be of immense 

benefit to small business by providing affordable aerial photography. 

Aerial photography by Mooncusser Films LLC would assist the public by allowing them to form a new geospatial perspective and academic understanding of the area surrounding the subject of their interests and could 

have a positive effect upon the economy as businesses and public agencies take advantage of the new perspectives afforded to them. (Most notably the local Coast Guard station, wildlife organizations, and Massachusetts historic/archeological agencies.)

The risk associated with UAS aerial photography is less than the risk associated with the traditional aerial 

photography that we have heretofore undertaken. The sUAS that Mooncusser Films LLC incorporates weighs 

less than 3 lbs. This sUAS is also powered by a single battery. The amount of damage that may occur in the 

event of an incident or accident is substantially less than that which may occur in the event of an incident or 

accident involving traditional aircraft and aerial photography. Traditional aerial real estate photographers rely 

upon full size aircraft operating at low altitudes while carrying combustible fuel. Responsible sUAS operations 

are inherently in the public's interest due to lower cost and increased safety they afford. 

Additional Information

The applicant, Christopher Seufert, has been involved in aerial photography/videography since 1992 and also 

the building and piloting of remote controlled aircraft since 2005. The primary pilot, Christopher Seufert, has 

completed hundreds of hours of flight time. Satisfaction of criteria provided in Section 333 of the Reform Act of 

2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the applicant’s sUAS.

Christopher Seufert dba Mooncusser Films LLC respectfully requests that the FAA grant this exemption request. 

Sincerely,

Christopher Seufert 

Mooncusser Films LLC 

2469 Main Street 

South Chatham, MA 02659 

508-241-5555

chris@MooncusserFilms.com

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