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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

CLEARVIEW AERIAL IMAGERY

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION 

OF Requested UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION ANDREFORM ACT OF 2012

(PUBLICLAW112-95)

Submitted on January 7, 2016

Stephen Buescher

CLEARVIEW AERIAL IMAGERY

609 Hyak Way,

Fox Island, WA 98333

609-760-2485

buescher22@gmail.com
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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS................................................................................... ......3

SUMMARY.............................................................................................................................. 4

INTRODUCTION AND INTERESTS OF PETITIONER............................................................4

BACKGROUND........................................................................................................................4

BASIS FOR PETITION.............................................................................................................5

NAME AND ADDRESS OF PETITIONER................................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CLEARVIEW AERIAL 

IMAGERY SEEKS 

EXEMPTION.................................................................................................................7

THE EXTENT OF RELIEF CLEARVIEW AERIAL IMAGERY SEEKS AND THE 

REASON CLEARVIEW AERIAL IMAGERY, SEEKS THE 

RELIEF......................................................................................................................10

THE REASONS WHY GRANTING CLEARVIEW AERIAL IMAGERY REQUEST

WOULD BE IN THE PUBLIC INTEREST 

..................................................................................................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY.......................................................................................................16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..................30

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT REQUEST................................................................................................30

CONCLUSION..........................................................................................................................31
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section

333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

CLEARVIEW AERIAL IMAGERY seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant 

to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption

will permit CLEARVIEW AERIAL IMAGERY to operate an Unmanned

Aircraft System (UAS) for the commercial purpose of conducting aerial video and 

photography of real estate, commercial properties, weddings, and landscape over certain 

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

CLEARVIEW AERIAL IMAGERY works closely with emergency management organizations 

for the purpose of search and rescue operations, conducting large scale exercises, terrain 

mapping, vegetation health and fire assessments, performing and observing critical 

infrastructure, and conducts training and alternative equipment for explosive and hazardous 

material response teams. It also provides its clients with photography and video services of

properties and buildings for the purpose of advertising and promotion, and records 

weddings, sports games, and other private and public events. The objective of CLEARVIEW 

AERIAL IMAGERY and its aerial operations is to provide high quality imaging for a variety of 

commercial, public, and residential uses, specifically targeting but not exclusive to:

 Emergency Management Operations, under mission-specific COAs

• Residential Construction

• Real-estate marketing

• Resort property marketing

• Wedding photography

BACKGROUND

Requested Unmanned Aircraft Systems

CLEARVIEW AERIAL IMAGERY seeks an exemption to operate the following aircraft, 

henceforth “Requested UAS”, for compensation or hire within the NAS. The Rotor-Wing 

Requested UASs are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a 

Ground Control Station (GCS) utilizing electronic tablet, smart phone systems, or videoslaved controllers. All requested rotor craft are battery operated, less than 55 pounds, fly at 

not greater than 87 knots, and comply with FAA regulations. All Requested Fixed Wing 

aircraft are Unmanned Aircraft with a Ground Control Station (GCS) utilizing electronic tablet,
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smart phone systems, or laptop. All requested fixed-wing craft are less than 55 pounds, fly at 

not greater than 87 knots, and comply with FAA regulations.

Rotor Wing

 Blade 350 QX2 AP

 DJI Inspire 1

 DJI Phantom 2

 DJI Phantom 3 

 DJI S1000

 Lily Quadcopter

 Parrot AR Drone 2.0

 Parrot Bebop

 Parrot Disco

 Robotics X8+

 Solo 3DR

 Tornado H920

 Typhoon 4K

 Typhoon Q500+

 Walkera QR X350 Pro GPS

 Walkera Scout X4

 Walkera Voyager 3

 Yuneec Typhoon H

Fixed Wing

 150217 Falcon

 Sensefly eBee 

 Sensefly eBee Ag

 Sensefly eBee RTK
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BASIS FOR PETITION

Petitioner, CLEARVIEW AERIAL IMAGERY, pursuant to the provisions of the Federal 

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 

2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the Administrator to commercially operate the Requested UASs in the 

National Airspace System (NAS), and for an exemption from the requirements of 14 

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, CLEARVIEW AERIAL IMAGERY operation of 

Requested UASs meets the conditions of FMRA Section 333 and therefore, will not require 

an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H.

Accordingly, CLEARVIEW AERIAL IMAGERY requests relief from Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness 

certificate.

CLEARVIEW AERIAL IMAGERY submits that the requested relief is proper since an 

equivalent level of safety will be ensured. CLEARVIEW AERIAL IMAGERY will use 

experienced personnel or technicians to perform maintenance, alterations, or preventive 

maintenance on the UASs using the methods, techniques, and practices prescribed in the 

operating documents (i.e., Monthly Maintenance Log, and Requested Instruction Manual). 

Furthermore, CLEARVIEW AERIAL IMAGERY will document and maintain all maintenance 

records for the Requested UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by CLEARVIEW AERIAL 

IMAGERY to the extent necessary to allow a Pilot in Command (PIC) holding a private 

pilot or higher level certificate, as well as an airman medical certificate, and who has 

demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC 

is able to safely operate the Requested UASs in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structure. The PIC will have completed the ground school 

portion of 14 CFR 141, which has equipped him with the knowledge of classes of 

airspace, visual flight rules VFR and all other knowledge need to operate in uncontrolled 

airspace.
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CLEARVIEW AERIAL IMAGERY seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the Requested UASs do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, CLEARVIEW AERIAL IMAGERY

submits that he will ensure that the Requested UASs are in an airworthy condition, prior to 

every flight, by determining that the UASs are in compliance with the operating documents 

(i.e., Monthly Maintenance Log, and Requested Instruction Manual), and that the aircraft are 

in a condition for safe flight. He will utilize the preflight instructions to ensure airworthiness 

checks prior to each flight.

CLEARVIEW AERIAL IMAGERY also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the Requested UAs will not have a typical barometric 

altimeter onboard. However, altitude information of the Requested UAs will be provided to 

the PIC via Global Positioning System (GPS) equipment and radio communications 

telemetry data link, which downlinks from the UA to the GPS for active monitoring of the 

flight path. This altitude information, combined with CLEARVIEW AERIAL IMAGERY’s

operation of the Requested UASs within visual line of sight, at or below 500 feet AGL, will 

ensure a level of safety equivalent to Section 91.121.

Additionally, CLEARVIEW AERIAL IMAGERY seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR 

conditions. CLEARVIEW AERIAL IMAGERY submits that safety will not be affected by 

operation of the Requested UAs during daylight hours in visual meteorological 

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a 

total duration of approximately 14.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, CLEARVIEW AERIAL IMAGERY

provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Stephen Buescher

CLEARVIEW AERIAL IMAGERY

609 Hyak Way,

Fox Island, WA 98333

609-760-2485 buescher22@gmail.com
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B. The Specific Sections Of 14 C.F.R. From Which CLEARVIEW AERIAL 

IMAGERY Seeks Exemption.

1. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of 

Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in 

command (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as 

PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of 

Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of 

Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of
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the departure airport or an appropriate altimeter setting available before 

departure.

4. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of 

Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to fly 

after that for at least 20 minutes.

5. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirement Of Section 

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: 

Each owner or operator of an aircraft—

(a) 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[.]

6. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of 

Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of 

Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:
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(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by § 43.7 of this 

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

8. CLEARVIEW AERIAL IMAGERY Seeks Exemption From The Requirements Of 

Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration 

and records of the 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include--

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time 

since the last inspection required by the inspection program under
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which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 1 

year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 

of this chapter shall be retained until the defects are repaired and the aircraft 

is approved for return to service.

C. The Extent Of Relief CLEARVIEW AERIAL IMAGERY Seeks And The 

Reason CLEARVIEW AERIAL IMAGERY Seeks The Relief.

1. Extent Of Relief CLEARVIEW AERIAL IMAGERY Seeks And The

Reason CLEARVIEW AERIAL IMAGERY Seeks Relief From Section

61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or 

higher level certificate, as well as a current and valid airman medical certificate, and who has 

met certain flight-hour and currency requirements, to conduct the proposed UAS flight 

operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state 

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection 

with any business or employment if: (1) The flight is only incidental to that business or
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employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire.

As set forth more fully below, CLEARVIEW AERIAL IMAGERY submits that an equivalent 

level of safety will be maintained because no PIC will be allowed to operate the Requested

UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating 

that the PIC is able to safely operate the UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency maneuvers, 

as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, CLEARVIEW AERIAL IMAGERY submits that all flights of the Requested UASs, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

CLEARVIEW AERIAL IMAGERY’s business; and (2) will not carry passengers or property for 

compensation or hire.

2. Extent Of Relief CLEARVIEW AERIAL IMAGERY Seeks And The Reason

CLEARVIEW AERIAL IMAGERY Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow CLEARVIEW AERIAL IMAGERY to determine that the Requested UASs 

are in airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the operating documents (i.e., the CLEARVIEW AERIAL IMAGERY Aerial Operations 

Manual, Monthly Maintenance Log, and Requested Instruction Manual).

CLEARVIEW AERIAL IMAGERY seeks the requested relief because the Requested UASs 

do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, CLEARVIEW AERIAL IMAGERY will ensure that the Requested UASs are in 

airworthy condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log, and Requested Instruction Manual) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the conditions and 

limitations below.

3. Extent Of Relief CLEARVIEW AERIAL IMAGERY Seeks and the Reason

CLEARVIEW AERIAL IMAGERY Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the Requested UASs, which utilize a barometric pressure sensor,
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GPS equipment, and a radio communications telemetry data link to downlink altitude 

information from the UA to the PIC at the ground control station (GCS). Since the FAA 

requires that any altitude information concerning UAS operations be reported to air traffic 

control (ATC) in feet above ground level (AGL), CLEARVIEW AERIAL IMAGERY seeks the 

requested relief because the Requested UA’s altimeter may be set on the ground to zero 

feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations stated 

below. As more fully set forth herein, an equivalent level of safety will be maintained since

the Requested UAs are equipped with a barometric pressure sensor

and GPS equipment, which automatically ensures that a ground level pressure setting will be 

established prior to each flight, and provides the PIC with altitude information of the UA on 

the heads-up display of the GCS.

4. Extent Of Relief CLEARVIEW AERIAL IMAGERY Seeks and the Reason

CLEARVIEW AERIAL IMAGERY Seeks Relief from Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered Requested UAs 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), for a total duration of 14.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. CLEARVIEW 

AERIAL IMAGERY seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered Requested UAs will severely 

constrain the practicality of any aerial video or still photo flight operations that CLEARVIEW 

AERIAL IMAGERY proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Requested UASs, the 

Requested operating documents, and CLEARVIEW AERIAL IMAGERY’s proposed operating 

limitations, ensure that CLEARVIEW AERIAL IMAGERY will safely operate the battery 

powered Requested UAs during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), with enough battery power to fly for a total duration of 14.5 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 4.5 minutes.
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5. Extent Of Relief CLEARVIEW AERIAL IMAGERY Seeks And The Reason CLEARVIEW 

AERIAL IMAGERY Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only

apply to aircraft with an airworthiness certificate, CLEARVIEW AERIAL IMAGERY requests

relief from these Sections because the Requested UASs do not require airworthiness

certificates. As set forth more fully below, the Requested UASs meet the conditions of

FMRA Section 333 for operation without an airworthiness certificate. Accordingly,

CLEARVIEW AERIAL IMAGERY will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UASs using the methods, techniques, 

and practices prescribed in the UAS operating documents (i.e., the CLEARVIEW 

AERIAL IMAGERY Aerial Operations Manual, Monthly Maintenance Log, and Requested

Instruction Manual). Furthermore, CLEARVIEW AERIAL IMAGERY will document and

maintain all maintenance records for the Requested UASs.

D. The Reasons Why Granting CLEARVIEW AERIAL IMAGERY Request Would Be In 

The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing CLEARVIEW AERIAL 

IMAGERY to safely, efficiently, and economically perform aerial video and photography of 

real estate, people, and landscape over certain areas of the United States.

Additionally, use of the Requested UASs will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of

CLEARVIEW AERIAL IMAGERY’s proposed operation of the Requested UASs will be 

realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The Requested UAs are battery powered and serve as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain
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aerial imagery. By reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of the Requested UASs would reduce the 

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase 

the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. The Requested

UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer aircraft that must be 

handled by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The Requested

UASs.

Conducting aerial acquisitions with the Requested UASs, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, the Requested UASs produce no air pollution, and is the 

most viable environmentally conscious alternative to the cabin class, six cylinder internal 

combustion engine aircraft that are typically utilized for aerial video and photography, while 

burning approximately 20-30 gallons per hour of leaded aviation fuel. The Requested UAs, 

while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as 

the UAs are propelled by battery powered electric motors, rather than an internal 

combustion engine.

By using the Requested UASs to perform aerial acquisitions, the substantial risk to life and 

property in the air and on the ground, which is usually associated with traditional manned 

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from 

the lack of flight crew members located onboard the aircraft, the Requested UAs has less 

physical potential for collateral damage to life and property on the ground, and in the air, 

compared to the manned aircraft that typically conduct similar operations (weighing 

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, 

and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The Requested

UASs Will Benefit The Economy.
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In addition to being safe and efficient, the Requested UASs are also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, operation 

of the Requested UASs will allow United States based companies, like CLEARVIEW AERIAL 

IMAGERY, to remain competitive and contribute to growth of the U.S. economy. Specifically, 

with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) 

regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies 

must adopt new and alternative technology in order to remain competitive. Operating the 

battery powered Requested UASs is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but provides such flexibility 

without the high operational cost of a traditional manned aircraft.

By operating the Requested UASs, companies such as CLEARVIEW AERIAL IMAGERY, 

can remain competitive and profitable, and therefore, provide greater job stability to 

employees and contractors, which will ultimately contribute to growth of the U.S. economy. 

Improved financial performance of U.S. companies, through commercial use of the 

Requested UASs, provides a stable workforce that increases consumer spending; 

improves local, state, and federal tax revenues; and allows companies to invest in research 

and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

many years, CLEARVIEW AERIAL IMAGERY’s proposed operation of the Requested UASs 

will not implicate any privacy issues. Specifically, the Requested UASs will be operated only 

in compliance with operating documents (i.e., the CLEARVIEW AERIAL IMAGERY Aerial 

Operations Manual, Monthly Maintenance Log, and Requested Instruction Manual) which 

requires property owner involvement and permission to videotape/photograph as well as 

local law enforcement notification, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or 

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided 

By The Rule From Which CLEARVIEW AERIAL IMAGERY Seeks Exemption.

1. Reasons Why The Requested UAs Meet The Conditions

Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the
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unmanned aircraft and its operation, CLEARVIEW AERIAL IMAGERY’s operation of the 

Requested UASs meet the conditions of FMRA Section 333, and will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and 

sets forth requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section

333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and 

rulemaking required by section 332 of this Act or the guidance required by 

section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their 

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create a 

hazard to users of the national airspace system or the public or pose a 

threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems identified 

under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this 

section 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.

In seeking this exemption, CLEARVIEW AERIAL IMAGERY submits that the Requested

UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: 

(a) the characteristics of the Requested UASs;
12

(b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The Requested UASs Demonstrate Its Safe 

Characteristics.

The Requested UASs do not create a hazard to users of the NAS or the public, or otherwise 

pose a threat to national security considering its size, weight, speed, and operational 

capability.

i. Technical Specifications Of The Requested UASs.

The technical specifications of the Requested UASs are set forth by the UAS User

Manuals.

ii. The Requested UASs Autonomous Flight And Navigation

Modes Enable The UASs To Remain Within A Defined Operational Area.

Many of the Requested UASs may be operated in both manual and fully autonomous 

flight modes, restraining their area of operations.

iii. The Requested UASs Are Designed For Automatic Return

To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the Requested UAs will remain stationary, in flight, for 3 

seconds or more. If, after 3 seconds, the Requested UAs do not reacquire control link 

data from the GCS, the UAs will assume that the Control Link is lost and the UAs will 

return to the home position (i.e., failsafe mode) via GPS, and will descend to the 

takeoff position and shutdown.

b. Flight Operations Of Requested UASs Are Limited To The

Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Trained PICs will be the only people to act as a pilot in command (PIC) of the 

Requested UASs. Additionally, a safety observer will assist in flights.

c. Flights Of Requested UASs Will Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, CLEARVIEW AERIAL IMAGERY proposes to commercially 

operate Requested UASs for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific 

operating limitations:
13

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UASs 

weighing less than

55 pounds maximum gross weight: Requested

Unmanned Aircraft Systems. Proposed operations of any other aircraft 

will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting 

operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed 

exceeding 87 knots.

4. The UA must be operated at an altitude of no more than 500 feet above 

ground level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All 

altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is

not permitted.

7. All operations must utilize a safety observer (SO). The SO may be

used to satisfy the VLOS requirement as long as the PIC always maintains 

VLOS capability. The SO and PIC must be able to communicate verbally at 

all times.

Electronic messaging or texting is not permitted during flight operations. The 

PIC

must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO 

can perform the functions prescribed in the operating documents.
14

8. The SO must not perform any other duties beyond assisting the PIC with 

seeing and avoiding other air traffic and other ground based obstacles/ 

obstructions and is not permitted to operate the camera or other 

instruments.

9. The operating documents and the grant of exemption must be accessible 

during UAS operations and made available to the Administrator upon request. 

If a discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, 

the conditions and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update 

or revise its operating documents. It is the operator’s responsibility to track 

such revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to the grant of 

exemption. If the operator determines that any update or revision would 

affect the basis upon which the FAA granted the exemption, then the operator 

must petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.
15

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in 

a condition for safe flight. The Ground Control Station must be included in 

the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect 

the UAS operation or flight characteristics, e.g. replacement of a flight 

critical component, must undergo a functional test flight. The PIC who 

conducts the functional test flight must make an entry in the aircraft 

records.

12. The pre-flight inspection must account for all potential discrepancies, 

e.g. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, inspection, 

and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record 

keeping requirements, in accordance with the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul 

component parts must be noted in the aircraft records, including total time in 

service, description of work accomplished, and the signature of the authorized 

person returning the UAS to service.

15. Each UASs operated under this exemption must comply

with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record 

of the corrective action taken against discrepancies discovered between 

inspections.
16

17. The PIC must possess at least a private pilot certificate and at least

current third- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets

the operator’s qualification criteria and demonstrates the ability to safely

operate the UAS in a manner consistent with how the UAS will be 

operated under the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels,

vehicles and structures. PIC qualification flight hours must be logged in a

manner consistent with 14 C.F.R. §

61.51(b). Flights for the purposes of training the operator’s PICs are permitted 

under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and

experience- building flights, all persons not essential for flight operations are

considered nonparticipants, and the PIC must operate the UA with appropriate

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 

C.F.R. §1.1. All operations must be conducted under visual meteorological 

conditions (VMC). If flight at night is required, a special request will be made at 

the FAA office closest to proposed area of operations. Flights under special 

visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport 

reference point as denoted on a current FAA-published aeronautical chart 

unless a letter of agreement with that airport’s management is obtained, and 

the operation is conducted in accordance with a NOTAM as required by the 

operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 

2,000 feet horizontally from a cloud or when visibility is less than 3 statute 

miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to 

a pre- determined location within the planned operating area and land or be 

recovered in accordance with the operating documents.
17

23. The PIC must abort the flight in the event of unpredicted

obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering 

wind and forecast weather conditions) there is enough power to fly at 

normal cruising speed to the intended landing point and land the UA with 

25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any operations 

under the grant of exemption. This COA will also require the operator to 

request a Notice to Airman (NOTAM) not more than 72 hours in advance, but 

not less than 48 hours prior to the operation. All operations shall be conducted 

in accordance with airspace requirements in the ATO issued COA including 

class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be 

identified by serial number, registered in accordance with 14 C.F.R. part 47, 

and have identification (N- Number) markings in accordance with 14 C.F.R. 

part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 

must be available to the PIC at the Ground Control Station of the UAS any 

time the UAS is operating. These documents must be made available to 

the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned

aviation operations and activities at all times.
18

30. The UAS may not be operated by the PIC from any moving device or 

vehicle

31. Flight operations must be conducted at least 500 feet from all 

nonparticipating persons (persons other than the PIC, SO, operator trainees or 

essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons remain 

under such protection. If a situation arises where nonparticipating persons 

leave such protection and are within 500 feet of the UA, flight operations must

cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an 

undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential 

persons do not present an undue hazard to those persons per §

91.119(a).

32. All operations shall be conducted over private or controlled-access

property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

33h the lateral or vertical boundaries of the operational area as defined by the 

applicable COA must be reported to the FAA's UAS Integration Office (AFS80) within 24 hours. Accidents must be reported

to the National Transportation Safety Board (NTSB) per instructions contained

on the

NTSB Web site: www.ntsb.gov.
19

2. Reasons Why An Exemption From The Requirements Of Section

61.113(a) And (b) Would Not Adversely Affect Safety.

CLEARVIEW AERIAL IMAGERY submits that the equivalent level of safety established by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate 

the Requested UASs unless that PIC has demonstrated, by meeting minimum flight-hour 

and currency requirements, that the PIC is able to safely operate the UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures.

Considering CLEARVIEW AERIAL IMAGERY’s proposed area of operations, and the 

operating limitations set forth-above; the parallel nature of private pilot aeronautical 

knowledge requirements to those of commercial pilot requirements (See Exemption No. 

11062); and the airmanship skills necessary to safely operate the UAS, CLEARVIEW 

AERIAL IMAGERY submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for

CLEARVIEW AERIAL IMAGERY’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

CLEARVIEW AERIAL IMAGERY will not allow any PIC to operate the UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour requirements or the UAS training and 

currency requirements, that the PIC is able to safely operate the UAS in a manner consistent 

with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5

hours of those hours as a UAS pilot operating the same make and model of UAS to be used 

for operations under the exemption). In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that 

was obtained in compliance with applicable regulations will ensure an equivalent level of
20

safety during CLEARVIEW AERIAL IMAGERY’s proposed operations. The Administrator 

has held that prior documented flight experience that was obtained in compliance with 

applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot 

with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC 

must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements to 

be inclusive rather than additive; i.e. 5 hours make and model time may be included 

in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 

hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). The FAA finds that at a minimum, the flight-hour requirements in 

Exemption No. 11062 are appropriate to practice and build proficiency in the skills 

necessary to safely conduct the petitioner’s proposed operations. The FAA also 

finds that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be

conducted under the grant of exemption to accomplish the required flight time. During 

training, proficiency, and experience-building flights the PIC is required to operate the 

UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, CLEARVIEW AERIAL IMAGERY will ensure safe operations by not allowing 

any PIC to operate the UASs unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate UAS in a 

manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 

91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because 

prior to every flight, CLEARVIEW AERIAL IMAGERY will ensure that the UAS is in an 

airworthy condition based upon the UAS’s compliance with its operating documents and as 

stated in the conditions and limitations herein.
21

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the Requested UAs will be provided to the PIC via GPS equipment 

and a radio communications telemetry data link, which downlinks from the UA to the GCS 

for active monitoring of the flight path and altitude. This altitude information, combined with

CLEARVIEW AERIAL IMAGERY’s operation of the Requested UAs within visual line of sight, 

at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The 

altitude information will be generated by GPS equipment installed onboard the aircraft. Prior 

to each flight, a zero altitude initiation point is automatically established by the UASs at 

ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Requested

UASs; (2) the limitations on the proposed flight operations; and (3) the location of the 

proposed flight operations. Accordingly, CLEARVIEW AERIAL IMAGERY will ensure that it 

will safely operate the battery powered Requested UAs during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 14.5 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 

4.5 minutes.
22

Here, as in Exemption No. 11109, the technical specifications of the Requested UASs; the 

limitations on the proposed flight operations; and the location of the proposed operations,

will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). 

Furthermore, safety will be ensured as the Requested UASs provide audible and visual

warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first 

warning occurring at approximately 33% remaining battery power, and again at 

approximately 10% remaining battery power. At the critically low battery level, UASs will 

descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish 

that safety is not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered. Relief has been granted for manned aircraft to 

operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 

2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 

91.151 specific to UAS, in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not

Adversely Affect Safety.

In seeking this exemption, CLEARVIEW AERIAL IMAGERY submits that the equivalent 

level of safety with regard to the regulatory maintenance and alteration requirements 

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b) will be met because CLEARVIEW AERIAL IMAGERY will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs 

using the methods, techniques, and practices prescribed in the operating documents (i.e., the

CLEARVIEW AERIAL IMAGERY Aerial Operations Manual, Monthly Maintenance Log, and 

Requested Instruction Manual). Furthermore, CLEARVIEW AERIAL IMAGERY will document 

and maintain all maintenance records for the Requested UASs.

Since the Requested UASs will be inspected as prescribed by the operating documents,

CLEARVIEW AERIAL IMAGERY will maintain the equivalent level of safety established by 

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). 

Likewise, the exemption sought will not adversely affect safety because CLEARVIEW 

AERIAL IMAGERY will use trained technicians to perform maintenance, alterations or 

preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

UASs will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),
23

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS 

are considered.

In consideration of CLEARVIEW AERIAL IMAGERY’s proposed operating limitations, the 

operating documents, and the technical aspects of the Requested UASs, CLEARVIEW 

AERIAL IMAGERY submits that safety will not be adversely affected by granting exemption 

from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and 

(b). The FAA has previously granted relief specific to UAS in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 

and 14 C.F.R. § 21.16 entitled Special Conditions, CLEARVIEW AERIAL IMAGERY

requests that the FAA prescribe special conditions for the intended operation of the 

Requested UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit 

safe operation of the UAs for the limited purpose of conducting aerial video and 

photography over certain areas of the United States for compensation or hire. FMRA 

Section 333 sets forth the requirements for considering whether a UAS will create a hazard 

to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification in 

accordance with any requirements that must be established for the safe operation of the 

UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. §

21.16, for operation of the Requested UASs, since the airworthiness regulations of 

14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to 

the novel or unusual design features of the aircraft. Section 21.16, entitled Special 

Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 

finds necessary to establish a level of safety equivalent to that established in the 

regulations.
24

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for CLEARVIEW AERIAL IMAGERY intended operation of the 

Requested UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R.

Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which CLEARVIEW AERIAL IMAGERY Seeks Exemption:

CLEARVIEW AERIAL IMAGERY seeks exemption from the requirements of 14 

C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption

CLEARVIEW AERIAL IMAGERY Seeks:

This exemption will permit CLEARVIEW AERIAL IMAGERY to commercially 

operate an Unmanned Aircraft System (UAS) for the purpose of conducting 

aerial video and photography over certain areas of the United States.
32

• Any Additional Information, Views, Or Arguments Available To Support

CLEARVIEW AERIAL IMAGERY’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, CLEARVIEW AERIAL IMAGERY’s request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; 

and further, provides the authority for such UAS to operate without airworthiness 

certification.

As discussed in detail above, CLEARVIEW AERIAL IMAGERY will operate the Requested

UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or 

otherwise pose a threat to national security.

CONCLUSION

As set forth herein, CLEARVIEW AERIAL IMAGERY seeks an exemption pursuant to 14 

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of

2012 (FMRA), which will permit safe operation of the Requested

UASs commercially, without an airworthiness certificate, for the limited purpose of

Conducting aerial video and photography over certain areas of the United States. By 

granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of 

the FAA Modernization and Reform Act of 2012, while also advancing the interests of the 

public, by allowing CLEARVIEW AERIAL IMAGERY to safely, efficiently, and economically 

operate the Requested UASs commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, CLEARVIEW AERIAL IMAGERY

respectfully requests that the Administrator grant this Petition for an exemption from the 

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit 

CLEARVIEW AERIAL IMAGERY to operate the Requested UASs commercially for the 

purpose of conducting aerial video and photography over certain areas of the United 

States.

Respectfully submitted on January 7,2016

Stephen Buescher

CLEARVIEW AERIAL IMAGERY

609 Hyak Way,

Fox Island, WA 98333

609-760-2485
32

buescher22@gmail.com