6125	Airport	Freeway,	Suite	211

Fort	Worth,	TX	76117

1

Daniel	Millican

Serendipitous	Films,	Inc.

6125	Airport	Freeway,	Suite	211

Fort	Worth,	TX	76117

817-371-9222		

email:	dan@s-films.com

US	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.	SE

Washington	DS	20590

RE:	Exemption	Request	Section	333of	the	FAA	Reform	Act	of	2012

References:	 1)	FAA	Exemption	No.	12442,	Regulatory	Docket	No.	FAA2015-1463 in	the	matter	of	the	petition	of	BRADLEY	PIERCE

2)	FAA	Exemption	No.	122441,	Regulatory	Docket	No.	FAA2015-1994 in	the	matter	of	the	petition	of	WESTSIDE	DRONES

3)	FAA	Exemption	No.	11080	Regulatory	Docket	No.	FAA2014-0355	in	the	matter	of	the	petition	of	FLYI	NG	CAM	INC	

Dear	Sir	or	Madam,

In	accordance	with	the	FAA's	Guidelines	for	Submitting Petition	for	Exemption	under	

Section	333	of	the	FAA	Modernization	and	Reform	act	of	2012,	I	Daniel	Millican,	

president,	owner	and	operator	of	Serendipitous	Films,	Inc.,	referred	to	hereafter	as	

the	petitioner,	request	exemption	to	the	below	listed sections	of	Title

14,	Code	of	Federal	Regulations.

14	CFR	Part	21	subpart	H	

14	CFR	45.23	(b)	

14	CFR	61.113	(a)	&	(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	91.131	(d)(1)&(2)

14	C.F.R	91.145(b)	

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)	
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14	CFR	91.417	(a)	&	(b)	

Commercial	operation	of	an	UAS,	as	described	herein,	which	are	equipped	with	

camera(s)	and	sensors,	would	operate	in	the	following	manner:	

•	Aerial	photography	and/or	video	for	public	and/or	private	use	including	

real	estate,	architecture,	land	surveying,	engineering	and	other	related	professional	

activities.	

•	Aerial	video	and/or	photography	for	public	and/or	private	use	including	

television,	public/sporting	events,	cinematography,	and	news	gathering.	

•	Aerial	inspection/photography	of	residential/commercial	structures	under	

contract	with	the	owners	or	local	government	authority.	

•	Aerial	inspection/photography	of	road	and	highway	construction under	

contract	with	the	owners	or	local	government	authority.	

•	Aerial	video/photography	or	providing	live	video	feed	to	assist	with	search	

and	rescue	operations	in	cases	of	an	emergency	or	natural	disaster	only	when	the	

local	authorities	or	government	has	requested	it	by	contract	or	donation.	

•	The	ability	to	offer	training	to	persons	individually	or	belonging	to	both	

private	and/or	public	organizations	that	have	interests	in	the	use	and	application	of	

a	UAS	for	the	purpose	of	the	safe	operation	of	a	UAS	to	enhance	the	safety	of	the	

National	Airspace	System	(NAS)	as	well	as	for	the	protection	of	the	persons	and	

property.

In	order	to	operate	small	unmanned	aircraft	systems	(UAS)	commercially	in	

airspace	regulated	by	the	Federal	Aviation	Administration	(FAA)	for	the	purposes	of	

Aerial	Photography,	cinematography,	videography,	inspections	and	other	flight	

operations	that	could	be	performed	safely	and	more	cost	effectively	with	the	use	of	

small	UAS	at	low	altitude	within	the	US	National	Airspace	System	as	compared	to	a	

manned	aircraft.	Operations	will	only	be	performed	at	the	request	of	and	with	the

authorization	and	consent	of	clients	and	their	authorized	agents	in	order	to	facilitate	

commerce	and	raise	awareness	of	beneficial	uses	of	small	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.

Petitioner

Daniel	Millican

Serendipitous	Films,	Inc.

6125	Airport	Freeway,	Suite	211

Fort	Worth, TX	76117

817-371-9222

dan@s-films.com

The	UASs

DJI	Phantom	2	
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Weight	(including	battery	and	propellers)	2.8 pounds

Diagonal	size	(including	propellers)	23.3	inches

Max	Speed	35.8	mph	(no	wind)

GPS	Mode	GPS/GLONASS

Aircraft	means	of	propulsion	=	Electric	via	Lithium	Polymer	Batteries

Battery	Capacity	4480	mAh

Voltage	14.8	Volts

Max	Flight	Time	Approximately	23	minutes

3D	Robotics	Solo (herein	referred	to	as	“3DR	Solo”	or	“Solo”)

Weight	(including	battery	and	propellers)	3.8	pounds

Diagonal	size	(including	propellers)	16.1	inches

Max	Speed	55	mph	(no	wind)

GPS	Mode	GPS/GLONASS

Aircraft	means	of	propulsion	=	Electric	via	Lithium	Polymer	Batteries

Battery	Capacity	5200	mAh

Voltage	14.8	Volts

Max	Flight	Time	Approximately	20	minutes		

AIRCRAFT	AND	EQUIVALENT	LEVEL	OF	SAFETY	

The	operation	limitations	proposed	for	an	equivalent	or	higher	level	of	safety	

because	operations	will	further	enhance	the	safety	of	the	persons	and/or	property	

using	conventional	aircraft.	These	limitations	and	conditions	to	which	the	applicant	

agrees	to	adhere	to	when	conducting	commercial	operations	under	the	FAA	issued	

exemption	as	set	forth in	the	Flight	Operations	Manual	(FOM)	include:	

•	The	UAS	will	weigh	less	than	55	lbs.	

•	The	UAS	will	have	a	maximum	operating	speed	of	no	more	than	50mph.	

•	Flights	will	be	operated	within	line	of	sight	of	the	Pilot	in	Command	(PIC)	

and/or	Visual	Observer	(VO).	•	Maximum	flight	time	for	each	operational	flight	will	

be	30	minutes.	Flights	will	be	terminated	at	30%	battery	power	reserve	or	30	

minutes	of	flight time	whichever	occurs	first.	

•	Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	Above	

Ground	Level	(AGL)	and	not	more	than	200	feet	above	an	elevated	platform	from	

which	filming	is	planned.	

•	Minimum	crew	for	each	operation	will	consist	of	the	UAS	Pilot,	the	Visual	

Observer	(VO)	and	may	include	but	not	limited	to	a	Camera	Operator.	

•	The	UAS	pilot	will	be	a	designated	Pilot	in	Command	(PIC)	and	hold	a	

Private	Pilot’s	License.	If	the	PIC	feels	another	operator	to	be	qualified	with	the	

necessary	skills	to	be	PIC	&	possess	a	Private	Pilot’s	License,	that	person	may	be	

designated	PIC	provided	they	have	a	minimum	of	50	hours	of	flight	time	with	the	

UAS.	

•	A	briefing	will	be	performed	regarding	the	planned	UAS	operations	prior	to	

each	day’s	flight	consisting	of	all	the	days’	production	activities.	
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•	All	flights	will	occur	under	Visual	Flight	Rules	Meteorological	Conditions	

(VMC)	only.	In	addition,	an	anemometer	will	be	used	prior	to	flight	to	measure	wind	

speed,	and	atmospheric	pressure	in	current	flight	location.	

•	The	flights	will	occur	no	closer	than	a	5	mile	radius	of	the	geographic	

center/Airport	Reference	Point	(ARP)	of	a	tower	controlled	or	uncontrolled	airport.	

•	If	operations	will	be	within	a	5	mile	radius	of	the	geographic	center/	

Airport	Reference	Point	(ARP)	of	a	tower	controlled	or	uncontrolled	airport	the	

respective	airports	will	be	contacted	advising	them	of	the	estimated	flight	time,	

flight	duration,	elevation	of	flight	and	other	pertinent	information.	

•	The	operator	will	file FAA	Form	7711-1,	or	its	equivalent,	as	modified	in	

light	of	the	requested	exemption,	with	the	appropriate	local	Flight	Standards	

District	Office	(FSDO)	no	more	than	72	hours	but	no	less	than	48	hours	from	

planned	operation.	

•	The	operator	will	obtain	verbal/written	consent	of	all	persons	involved	

with	the	planned	operation	and	ensure	that	only	consenting	persons	will	be	allowed	

within	100	feet	of	the	flight	operation,	and	the	radius	may	be	reduced	to	30	feet	

based	upon	an	equivalent	level	of	safety	determination,	as	required	under	the	FOM.	

With	the	advanced	permission	of	the	FSDO,	operations	at	closer	range	may	be	

approved.	

•	The	PIC	and	VO	will	have	been	trained	in	operation	of	UAS	and	receive	upto-date	information	for	the	particular	UAS	to	be	operated.

•	The	PIC	and	VO	will	be	able	to	communicate	by	voice,	radio,	and/or	text	at	

all	times.	

•	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.	

•	If	the	UAS	loses	communications	with	the	remote	controller	or	loses	GPS	

signal,	the	UAS	will	have	the	capability	to	return	to	a	pre-determined	location	within	

a	designated	location	and	land	autonomously.	

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

obstacles,	weather,	or	emergencies.	

FAR Exemptions	Sought:

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	
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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,	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.	The	FAA	will	have	advance	notice	of	all	operations.	

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	UAS,	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	UAS	will	have	no	airworthiness	certificate,	an	exemption	may	be	

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

which	the	word	“Experimental”	can	be	placed.	Given	the	size	of	the	UAS,	two-inch	

lettering	will	be	impossible.	The	word	“Experimental”	will	be	placed	on	the	fuselage	

in	compliance	with	§45.29	(f).	

The	equivalent	level	of	safety	will	be	provided	by	having	the	UAS	marked	on	its	

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

with	the	UAS	will	see	the	identification	of	the	UAS	as	“Experimental.”	

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

Command.	

Pursuant	to	14	CFR	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.	Serendipitous	Films,	Inc., may	achieve	an	equivalent	level	
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of	safety	as	achieved	by	current	Regulations	because	the	applicant’s	UAS	do	not	

carry	any	pilots	or	passengers	nor	property.	The	risks	attendant	to	the	operation	of	

UAS	is	far	less	than	the	risk	levels	inherent	in	the	commercial	activities	outlined	in	

14	CFR	61.	The	PIC	of	the	UAS	will	have	a	Private	Pilot’s	License	along	with	a	

minimum	of	50	hours	of	flight	time	which	exceed	the	safety	levels	in	relation	to	14	

CFR	61.113	(a)	&	(b).	I	feel	the	operation	and	limitations	set	forth	in	the	FOM	will	

equate	to	the	safe	operation	of	the	UAS.	

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	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.	If	for	some	reason	the	Pilot	forgets	the	flight	manual,	The	DJI	

Pilot	app,	and	the	3RD	Solo	app has	all	documentation	indicated	in	the	hard	copy	

manual,	electronically	built	into	the	application	on	your	smart	phone	or	tablet.	

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	take	all	actions	

as	stated	in	the	FOM	in	Section	4	under	Normal	Procedures	including	but	not	limited	

to	reviewing	weather,	flight	battery	requirements, landing	and	takeoff	distances	and	

aircraft	performance	data	before	initiation	of	flight.	Before	the	aircraft	takes	flight,	a	

home	GPS	location	will	be	set	for	any	reason	the	aircraft	becomes	disoriented	in	

flight,	and	return	safely	to	home.	

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	
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fully	functioning	dual	controls.	UAS	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.	

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	and	speed	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,	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	UAS	will	never	operate	at	higher	than	400	AGL	with	the	exception	that	in	

circumstances	where	the	UAS	is	used	to	survey	or	photograph	a	structure	whose	

height	exceeds	400	feet	AGL,	the	UAS	will	not	be	operated	more	than	200	feet	above	

the	highest	point	on	the	structure.	It	will	however	be	operated	in	a	restricted	area	

with	security	perimeter,	where	buildings	and	people	will	not	be	exposed	to	

operations	without	their	pre-obtained	consent.	It	also	may	be	operated	over	open	

water	close	to	shore	keeping	a	distance	of	500	feet	as	indicated	in	Section	91.119	

(c).	

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

UAS	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	UAS	will	ensure	separation	

between	these	UAS	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	UAS	

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	
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flight.	The	DJI	Phantom	2	and	the	3RD	Solo uses	GPS Positioning.	It	is	a	positioning	

system	that	uses	ultrasonic	and	image	data	to	help	the	aircraft	identify	its	current	

position.	With	the	help	of	GPS Positioning,	the	Phantom	2	and	the	Solo can	hover	in	

place	more	precisely	and	fly	indoors	or	in	other	environments	where	there	is	no	GPS	

signal	available.	This	provides	an	significant	level	of	safety.	

14	CFR	91.131	(d)(1	)&(2): Equipment	requirements for	Class	B	airspace

The	regulation	states	that	no	person	may	operate	an	aircraft	in	Class	B	airspace	

unless	it	is	equipped	with	a	transponder	on	or	after	January	1,	2020	an	ADS-Bout	

system.	An	exemption	may	be	required.	Due	to	the	size,	weight	and	payload

capacity	of	the	small	UAS,	installing	these	systems	is	not	practical.	An	equivalent	

level	of	safety	will	be	achieved	by	operating	the	small	UAS	at	altitudes	listed	in	the	

limitations	section	of	this	document.	The	UAS	will	not	be	landing	or	departing	from	

airports	in	Class	B	airspace.	The	UAS	will	be	flown	in	a	controlled	environment	

within	VLOS.	The	UAS	operator	will	require	ATC	permission	prior	to	conducting	

operations	and	will	give	right	of	way	to	any	manned	aircraft.

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

demonstrations	and	major	sporting	events	

CFR	91.145	states:	

(b)	In	deciding	whether	a	temporary	flight	restriction	is	necessary	for	an	aerial	

demonstration	or	major	sporting	event	not	listed	in	paragraph	(a)	of	this	section,	

the	FAA	considers	the	following	factors:	(1)	Area	where	the	event	will	be	held.	(2)	

Effect	flight	restrictions	will	have	on	known	aircraft	operations.	(3)	Any	existing	

ATC	airspace	traffic	management	restrictions.	(4)	Estimated	duration	of	the	event.	

(5)	Degree	of	public	interest.	(6)	Number	of	spectators.	(7)	Provisions	for	spectator	

safety.	(8)	Number	and	types	of	participating	aircraft.	(9)	Use	of	mixed	high	and	low	

performance	aircraft.	(10)	Impact	on	non-participating	aircraft.	(11)	Weather	

minimums.	(12)	Emergency	procedures	that	will	be	in	effect.	

If	Serendipitous	Films,	Inc., intends	to	use	the	UAS	to	cover	sporting	events	from	

outside	the	activity,	coordination	will	be	completed	by	contacting	the	FSDO	prior	to	

the	event	to	ascertain	the	presence	of	any	other	unmanned	activities.	Flight	activity	

will	be	conducted	based	on	safety	and	with	particular	attention	to	the	avoidance	of	

overflight	of	large	concentrations	of	people.	However,	specific	relief	from	this	

regulation	is	still	necessary	to	ensure	compliance	with	FARs.	

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	
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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	UAS	provides	approximately	30	minutes	of	powered	

flight.	To	meet	the	30	minute	reserve	requirement	in	14	CFR	§91.151,	UAS	flights	

would	be	limited	to	approximately	10	minutes	in	length.	Given	the	limitations	on	the	

UAS’s	proposed	flight	area	and	the	location	of	its	proposed	operations	within	a	

predetermined	area,	a	longer	time	frame	for	flight	in	daylight	or	twilight	VFR	

conditions	is	reasonable.	Applicant	believes	that	an	exemption	from	14	CFR	

§91.151(a)	falls	within	the	scope	of	prior	exemptions.	Operating	the	UAS,	in	a	tightly	

controlled	area	where	only	people	and	property	owners	or	official	representatives	

who	have	signed/verbal 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.	Additionally,	limiting	

UAS	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	30	minutes	or	30%	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.	

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.	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	UAS.	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,	to	the	extent	they	are	

applicable	to	the	UAS.	Again	if	Pilot	forgets	documents,	all	documents	can	be	

achieved	via	the	DJI	Pilot	App or	the	Solo	App.	

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	
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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	the	UAS	is	very	

limited	in	size	and	will	carry	a	small	payload	and	operate	only	in	restricted	areas	for	

a	limited	period	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,	perform	required	

maintenance,	and	keep	a	log	of	any	maintenance	performed.	Most	importantly,	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	UAS	Manufacturer's	User	Manual.	As	

provided	in	the	FOM,	the	operator	will	ensure	that	the	UAS	is	in	working	order	prior	

to	initiating	flight	and	perform	required	maintenance	needed.

Public	Interest

Use	of	the	UAS	in	lieu	of	a	manned	aircraft	would	enhance	safety	and	reduce	

environmental	impact compared	to	similar	operations	conducted	with	much	larger	

fuel	laden	manned	aircraft.	Additionally, the	use	of	UAS	to	facilitate	commerce	can	

help	to	encourage	economic	growth.	Operations	for	this petition	will	enable	service	

for	property	owners	or	their	designees	seeking	an	enhanced	perspective	for

characteristics,	amenities,	and	benefits	of	their desired	photographic	subjects	that	

cannot	be	displayed through	ground	level	videography/photography.	Aerial	

photography	is	a	valuable	marketing	tool	that can	facilitate	increased	commerce	and	

enhance	personal	photography.	Crop	surveying	and	inspections could	lead	to	

decreased	use	of	pesticides	and	fertilizer	and	conservation	of	water	as	well	as	

increased crop	yields	and	decreased	costs.	Aerial	surveying	and	inspections	can	

increase	work	site	efficiency, improve	volumetric	estimations	and	reduce	risk.	The	

petitioner	will	provide	clients	with	the	 photographic	data	for	these	purposes	in	a	

for	hire	basis	acting	as	an	independent	contractor.	A	visual observer	will	be	utilized.	

Flight	data	including	UA	flight	time,	Control	unit	operation	time,	incident,

accident,	and	details	concerning	any	deviations	from	normal	operations	will	be	

available	to	the	FAA	foruse	in	collecting	data	regarding	the	use	of	UAS	as	a	part	of	

this	application.	This	data	can	be	submitted to	the	FAA	via	reports	as	required	by	

the	FAA.

Conclusion
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The	petitioner	is	requesting	this	exemption	for	the	purposes	of	"aerial	photography,	

cinematography, videography,	mapping,	inspections	and	other	flight	operations."	

The	reason	for	such	a	general	and broad	based	request	is	that	the	petitioner	wishes	

to	utilize	a	strategy	that	allows	maximum	flexibility	to utilize	the	UA	to	its	fullest	

potential	within	the	constraints	of	this	request,	without	the	long	turnaround

time	associated	with	additional	exemptions.	The	petitioner	plans	to	offer	services	to	

individuals	or companies	seeking	to	enhance	their	business	in	a	safe	and	lawful	way.	

The	petitioner	is	a	licensed realtor	and	knows	that	there	is	extensive	demand	for	

lawful	aerial	photography	and	videography.

The	petitioner	has	been	flying	UAV’s	as	a	hobby	for	over	5	years,	with	over	20	hours	

in	simulators,	specifically	for	UAV	piloting.		He	has	a	current	private	pilot	certificate	

and	Class	3	Medical.		He	is	involved	in	the	community,	a	member	of	the	local	HAM	

Radio	club,	active	in	Church	and	has	volunteered	his	time	and	talents	for	domestic	

and	foreign	mission	work.

Sincerely,

Daniel	Millican