Baglio Photography Group, LLC 

3 Courtney Lane 

Brewster, New York 10509 

631 255 1693 

larry@bagliophoto.com 

June 12, 2015 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor, Room W12-140 

Washington, DC 20590 

Re: Request for exemption under Section 333 of the Reform Act from 14 CFR Part 21 Subpart 

H; 14 CFR 61.23(a) & (c); 14 CFR 61.101(e)(4) & (5); 14 CFR 61.113(a); 14 CFR 61.315(a); 14 

CFR 91.7(a); 14 CFR 91.9; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 

91.151(a)(1); 14 CFR 91.203(a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 

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

Dear Sir or Madam: 

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

and 14 CFR Part 11, Baglio Photography Group, LLC (“BPG”) hereby applies for an exemption 

from the listed Federal Aviation Regulations (“FARs”) to allow commercial use of its unmanned 

aircraft system (“UAS”) so long as such operations are conducted within and under the 

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

As detailed below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the National Airspace (“NAS”) that would be (a) limited, (b) controlled, 

(c) predetermined, and (d) will provide safety enhancements to the already safe operations in the 

industry presently using conventional aircraft. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities to “...establish requirements for the safe operation of such aircraft systems in the 

national airspace system.” Section 333(c) of the Reform Act. 

1. Name and mailing address, plus any other contact information such as a fax number, 

telephone number, or email address. 

The name, address, telephone number, and email address of the applicant are: 

Baglio Photography Group, LLC 

3 Courtney Lane 

Brewster, New York 10509 

Tel: 631 255 1693 

Email: larry@bagliophoto.com 

2. The specific section or sections of 14 CFR from which BPG requested an exemption. 

BPG requests exemption from the following FARs: 

14 CFR Part 21 Subpart H 

14 CFR 61.23(a) & (c) 
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14 CFR 61.101(e)(4) & (5) 

14 CFR 61.113(a) 

14 CFR 61.315(a) 

14 CFR 91.7(a) 

14 CFR 91.9 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a)(1) 

14 CFR 91.203(a) & (b) 

14 CFR 91.405(a) 

14 CFR 91.407(a)(1) 

14 CFR 91.409(a)(1) & (2) 

14 CFR 91.417(a) & (b) 

3. The extent of relief you seek and the reason you seek the relief. 

BPG seeks exemption from the listed FARs to the extent necessary to allow BPG to 

operate a UAS for commercial purposes including (but not limited to) the following: 

• aerial photography and/or videography for public and/or private use, including 

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

professional activities; 

• aerial photography and/or videography for public and/or private use including 

television, public events, private events, cinematography and news gathering; 

• aerial inspection and/or photography of residential and/or commercial structures 

under contract with the owners; 

• aerial inspection and/or photography of residential and/or commercial utility 

infrastructure including, but not limited to, electrical power lines, wind turbines, 

and cell towers; and 

• aerial photography and/or videography and/or live video feed to assist with search 

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

local authorities or government has requested such assistance by contract or 

donation. 

BPG requests exemption from the following FARs since it is not possible to fully comply 

with them, and attempting to follow them for the purposes of operating a UAS would be 

a burden: 

14 CFR Part 21, Subpart H 

Subpart H establishes the procedural requirement for the issuance of airworthiness 

certificates as required by FAR 91.203(a)(1). Given the size and limited operating area 

associated with the UAS to be utilized by BPG, 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 USC 44701(f)) and Section 333 of the 
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Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. In all 

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

airworthiness certificate, in the restricted environment and under the conditions proposed, 

will be at least as safe, or safer, than a conventional aircraft operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

14 CFR 61.23(a) & (c) 

These regulations set forth the medical certificate requirements in connection with 

aircraft operations. BPG requests exemption from these FARs because obtaining and 

maintaining a medical certificate will not improve the safety of operations of a UAS. The 

risks associated with the operation of the proposed UAS as significantly diminished as 

compared with operations of a manned aircraft because (a) the UAS’s size, weight, speed 

and operational capabilities make it much safer than any manned aircraft, (b) operations 

will occur in tightly controlled and limited airspace over private property clear of all 

people, and (c) the UAS will not carry neither any flammable fuel nor any crew or 

passengers. As a result, an equivalent level of safety can be achieved without obtaining a 

medical certificate. 

14 CFR 61.101(e)(4) & (5); 14 CFR 61.113(a); 14 CFR 61.315(a) 

These regulations state that none of a recreational pilot, a private pilot, or a sport pilot 

may act as PIC of an aircraft for compensation or hire or in furtherance of a business. In 

light of the myriad other safeguards which PICs are required to meet hereunder, as well 

as the numerous ways in which the proposed UAS mitigates risks associated with other 

UAS or manned aircraft, BPG requests exemption from these FARs so as to allow a PIC 

holding a recreational, private or sport pilot certificate to operate a UAS for 

compensation and hire, subject to the conditions and limitations set forth herein. This 

exemption is consistent with a number of the FAA’s previous grants of exemption. 

14 CFR 91.7(a) 

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 UAS 

(assuming such exemption is granted), no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft for maintenance and use of 

safety checklists prior to each flight, an equivalent level of safety will be provided. In 

addition, the PIC will be responsible for determining that the aircraft is in condition safe 

for flight. 

14 CFR 91.9 

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. BPG requests an exemption to this requirement as the 

UAS cannot, given its size, carry the flight manual. To meet an equivalent level of safety, 

we propose to have the current manufacturer’s flight manual and the BPG flight manual 

at the operational ground station of each flight, available to both the PIC and the Visual 

Observer. 
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14 CFR 91.109 

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 functional 

dual controls. UASs and remotely piloted aircraft, by their design, do not have fully 

functional dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. The equivalent level of safety 

will be provided for 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 CFR 91.119(c) 

The regulation provides that over sparsely populated areas, the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the UAS 

will be operating at a maximum 400 feet above ground level (“AGL”), BPG cannot 

comply with this requirement and thus requests exemption. Overall, BPG believes that 

the restrictions, conditions and limitations set forth herein and the UAS’s small size, light 

weight, low maximum speeds, and high degree of maneuverability and stability combine 

to provide an equivalent level of safety compared to manned aircraft. 

14 CFR 91.121 

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 will not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption from this FAR is 

needed. An equivalent level of safety will be achieved by the PIC by confirming the 

altitude of the launch site shown on the GPS altitude indicator flight. 

14 CFR 91.151(a)(1) 

This regulation prohibits an individual from beginning a flight “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 for at least 30 minutes”. The battery powering the UAS provides 

approximately 20 minutes of powered flight, which makes it impossible to meet the 30-

minute reserve requirement in this FAR. The UAS is smart battery powered and 

continually transmits battery charge information back to the ground station to be 

evaluated by the PIC. In accordance with the safety limitations set forth below, the PIC 

will not begin a UAS flight unless there is enough available power for the UAS to operate 

for the intended operational time and to operate thereafter for at least five minutes. 

14 CFR 91.203(a) & (b) 

This regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be “displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew”. As the UAS is 

too small to carry documentation, does not have an entrance and does not carry a crew, 

this regulation cannot be met and BPG requests and exemption. In order to achieve an 
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equivalent level of safety, BPG proposes that all documents deemed appropriate by the 

FAA for this aircraft will be located at the operational ground station for each flight in 

proximity to the PIC and the Visual Observer and will be available for inspection upon 

request. In order to identify the aircraft, BPG proposes to use the manufacturer’s model 

and production codes located on the aircraft as well as appropriate registration numbers 

and the telephone number of the manufacturer and BPG affixed to the aircraft as well. 

14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a); 14 CFR 91.417(a) & (b) 

These regulations set forth various requirements and responsibilities for maintenance, 

inspections, and pre-flight inspections of aircrafts. BPG requests exemption from these 

FARs. Maintenance will be accomplished by the operator pursuant to the UAS 

manufacturer’s user manual. 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. 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 further described herein, the PIC will ensure that the 

UAS is in working order prior to initiating flight and will perform required maintenance 

as needed. 

4. How your request would benefit the public as a whole. 

This exemption application is submitted to fulfill Congress’s goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the NAS 

before completion of the rulemaking required under Section 332 of the Reform Act. By 

granting an exemption, the FAA will fulfill Congress’s intent of allowing UASs to 

operate with significant safety precautions in low risk environments. 

Granting this exemption would benefit the public as a whole. UASs offer a strong 

equivalent level of safety, as further described herein, a reduction in environmental 

impacts, and are free from the harmful emissions associated with the manned aircraft that 

are currently used for aerial photography and videography. Due to the size of the UAS 

and the tightly controlled and limited airspace in which the UAS will operate, approval of 

this application presents no risk to the public. Furthermore, the public will be able to 

legally acquire aerial photography and videography to benefit a number of industry areas, 

including (but not limited to) real estate sales and marketing, exterior home inspections 

and inspections of other residential and/or commercial structures, television, public and 

private events, and news gathering. The enhanced safety achieved using a UAS with the 

specifications described herein and carrying no passengers or crew, rather than a manned 

aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, 

supports finding this exemption to be in the public interest. 

5. Reasons why the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to the existing rule. 

In making the determination as to whether certain UAS may operate safely in the NAS, 

the Secretary is required to determine which types of UASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the 
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following: (a) the UAS’s size, weight, speed, and operational safety, (b) operation of the 

UAS in close proximity to airports and populated areas, and (c) operation of the UAS 

within visual line of sight of the pilot/operator. 

BPG’s UAS is a DJI Phantom 3 Professional, a quadcopter weighing less than 3 lbs., 

significantly below the 55-lb. weight limit. The DJI Phantom 3 Professional operates 

under normal conditions at a speed of no more than 16 m/s. It will operate only in the line 

of sight of the PIC and will operate with the permission of the property owner or a 

representative. Such operations will insure that the UAS will “not create a hazard to users 

of the national airspace system or the public” as per the Reform Act Section 333(b). 

BPG agrees to be bound by the following limitations and conditions when conducting 

commercial operations of the UAS under the FAA issued exemption: 

• The UAS will weigh less than 55 lbs. 

• The UAS will have a maximum operating speed of no more than 16 m/s mph. 

• Maximum total flight time for each operational flight will be 20 minutes. Flights 

will be terminated at 20% battery reserve should that occur prior to the 20-minute 

limit. Flights will not begin unless (considering wind and forecast weather 

conditions) there is enough available power for the UAS to operate for the 

intended operational time and to operate after that for at least five minutes. 

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

• The UAS pilot will be a designated Pilot in Command (“PIC”). 

• Minimum crew for each operation will consist of the UAS PIC and a Visual 

Observer, and such persons will be able to communicate verbally at all times 

during each operation. 

• Flights will be operated within line of sight of the PIC and/or the Visual Observer. 

• BPG will obtain written and/or oral permission from the relevant property owners 

or representatives. 

• If the UAS loses communication or loses its GPS signal, the UAS will have the 

capability and be programmed to return to a pre-determined location and land 

autonomously. 

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

obstacles, weather, or emergencies. 

• All flights will occur in accordance with all applicable state and local laws 

regarding privacy. 

• BPG will be responsible for maintaining and inspecting the UAS to ensure that it 

is in a condition for safe operation. BPG will follow the UAS manufacturer’s 

maintenance, overhaul, replacement, inspection, and life limit requirements for 

the aircraft and aircraft components. 
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• Prior to each flight, the PIC will conduct a pre-flight inspection and determine 

that the UAS is in a condition for safe flight. 

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

flight, and the PIC will follow the following minimum pre-flight checklist: 

o confirm transmitter firmware is up-to-date; 

o confirm drone firmware is up-to-date; 

o inspect UAS for obvious defects; 

o confirm batteries are fully charged; 

o confirm propellers are tightened and/or locked; 

o confirm antennae are up; 

o confirm transmitter is turned on; 

o confirm UAS is turned on; 

o calibrate compass; 

o adjust minimum return height; 

o clear frequency chosen; 

o place UAS in safe launch and recover position; and 

o confirm area cleared of people not part of UAS operations. 

The foregoing limitations provide for a level of safety at least equivalent to the level of 

safety precautions under the current regulatory structure. Together with the small size of 

the UAS and the limited environment within which it will operate, BPG falls squarely 

within the zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of UASs to commence 

immediately. In addition, due to the size of the UAS and the limited areas within which 

the relevant UAS will operate, approval of the requested exemptions does not and will 

not present any national security concerns. 

BPG’s owner, Lawrence Baglio, is a member of the Academy of Model Aeronautics. In 

addition, Mr. Baglio participated in DJI’s 2015 “New Pilot Event” where he learned 

about the UAS’s outstanding safety features, experienced basic flight control and 

maneuvers under the guidance of an experienced instructor, and was introduced to the 

recommended pre-flight checklist and safe operations procedures. BPG is a registered 

business, owned and operated by Mr. Baglio for over seven years without any safety 

incidents. 

6. A summary we can publish in the Federal Register stating (a) the rule from which you 

seek the exemption and (b) a brief description of the exemption you seek. 
8 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that such publication is needed. 

Applicant seeks exemption from the following rules: 14 CFR §§ 14 CFR Part 21 Subpart 

H; 14 CFR 61.23(a) & (c); 14 CFR 61.101(e)(4) & (5); 14 CFR 61.113(a); 14 CFR 

61.315(a); 14 CFR 91.7(a); 14 CFR 91.9; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151(a)(1); 14 CFR 91.203(a) & (b); 14 CFR 91.405(a); 14 CFR 

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

operate a small unmanned aircraft system (55 lbs. or less) equipped to conduct aerial 

photography and videography services. 

Approval of exemptions allowing commercial operations of UASs to conduct aerial 

photograph and videography services will enhance safety by reducing risk associated 

with conventional photography operations using jet or piston power aircraft at extremely 

low altitudes, often very close to the subject being filmed and in close proximity to 

people and structures, and other risks associated with vehicles that exceed 3000 lbs., 

carrying large amounts of fuel and carrying manned crews. In contrast, a UAS weighing 

less than 55 lbs. and powered by batteries eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The UAS is carried to the 

location. The UAS will carry no passengers or crew and, therefore, will not expose them 

to the risks associated with manned aircraft flights. 

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

above, will provide an equivalent level of safety supporting the granting of the 

exemptions requested herein. These lightweight aircraft operate at slow speeds, close to 

the ground but under 400 feet AGL, and within a limited area and, as a result, are far 

safer than conventional flight operations conducted with turbine helicopters operating in 

close proximity to the ground and people. 

7. Any additional information, views, or arguments available to support your request. 

Attached hereto as Appendix A is a copy of the DJI Phantom 3 Professional User 

Manual. 

BPG believes that the exemption requested herein is similar in all material respects to a 

number of exemptions requested and granted by the FAA, including the following Grants 

of Exemption: No. 11062 to Astraeus Aerial; No. 11109 to Clayco, Inc.; No. 11112 to 

VDOS Global, LLC; No. 11213 to Aeryon Labs, Inc; No. 11594 to RDX Aerial Media, 

LLC; and No. 11667 to iFly Media Productions, LLC. Further, the requested exemption 

(a) satisfies the criteria in Section 333 of the Reform Act of 2012 in respect of size, 

weight, speed, operating capabilities, proximity to airports and populated areas, and 

operation within visual line of sight of and national security and (b) is in the public 

interest as described herein. 

Based on the foregoing, BPG has provided more than adequate justification for the granting of 

the requested exemptions allowing commercial operation of BPG’s UAS in the aerial 

videography and photography services industry.
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Sincerely, 

Baglio Photography Group, LLC 

By: Lawrence Baglio, Owner 
Appendix A 

DJI Phantom 3 Professional User Manual 

Available for download at http://www.dji.com/product/phantom-3/download.