Media Products 

7148 N. IL Rt. 2 

Leaf River, IL 61047 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, D.C. 20590 

: ~ 

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

Dear Sir or Madam: 

July Pt, 2015 

In accordance with the FAA's Guideline for Submitting a Petition for Exemption, I request exemption 

from the sections of Title 14, Code of Federal Regulations listed in the Section named "Regulations from 

which exemption is requested" below. In order to operate small unmanned aircraft systems (sUAS) 

commercially in airspace regulated by the FAA for the purposes of: 

-aerial photography and videography 

-aerial mapping 

-search and rescue operations 

-agricultural scouting operations 

-structural inspections 

These operations will be performed safer and more cost effective at altitudes below 400' AGL within the 

U.S. national airspace system as compared to manned aircraft. Operations will be performed only at the 

request of and with the authorization and permission of clients or their authorized agents in order to 

facilitate commerce fulfill market demand for these services. 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. 

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Table of Contents 

Name of Petitioner -------------------------------------------------------------------------------- 3 

sUAS to be utilized --------------------------------------------------------------------------------- 3 

Regulations from which exemption is requested ----------------------------------------- 4 

Reasons for seeking relief ----------------------------------------------------------------------- 4 

How our request would benefit the public as a whole --------------------------------- 9 

Reasons why the exemption would not adversely affect safety --------------------- 10 

Conclusion 11 

Appendix A: Link to DJI Phantom 2 Vision +operating manual ------------------------ 12 

Appendix B: Link to DJI Phantom 3 Professional operating manual ------------------- 12 

2 
Name of Petitioner: 

Trevor Hogan 

7148 N. IL Rt. 2 

Leaf River, IL 61047 

Phone: (815) 703-9596 

sUAS to be utilized: 

1. OJI Phantom 2 Vision+ 

E-mail: Flyflick1@gmail.com 

2. DJI Phantom 3 Professional 

These vehicles have the built in capability to limit the height they fly above the ground, to limit the 

radius of the distance they fly from the operator, and to exclude them from class B, C, and 

D airspace as well any TFR's (Temporary Flight Restricted) areas. The vehicles also have the 

built-in capability to return to the launching point if the wireless control link is interrupted or if the 

operator attempts to exceed any of the height, radius, or airspace limitations programmed into 

them. The vehicles weigh less than five pounds. They have a top speed of about 30 m.p.h. They 

have four fixed pitch rotors, thrust from which is varied by changing RPM. They are powered by a 

lithium polymer smart battery. 

Flight profiles- The petitioner will program/or control the sUASs so they will not fly more than 400 

feet above ground level, or more than 1500 feet away from its operator. The Pilot in command 

(PIC) will carefully inspect the sUAS before each operation to assure that its compass and 

GPS system are properly calibrated and that the return-to-home feature, altitude, and radius 

limitations are in order 

The Petitioner will not operate in controlled airspace. In the unlikely event that a manned aircraft 

flies below 400 feet AGL where the Petitioner is operating its sUAS, the operator will keep both the 

vehicle and manned aircraft and ground the sUAS immediately to yield to the manned aircraft. 

The Petitioner will not conduct flight operations out of his/her VLOS. 

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Regulations from which exemption is requested: 

14 C.F.R. Part 21 subpart H; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.113(a) 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b)(2); 

14 C.F.R. 91.109; 

14 C.F.R. 91.119; 

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a); 

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

14 C.F.R. 91.40S(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a) & (b); 

Reasons for seeking relief: 

This exemption request is being submitted to fulfill Congress' goal under Section 333(a) through (c) of 

the Reform Act, which directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. The applicant would 

like to fly sUAS for commercial purposes. We feel there is a high demand for work to be performed 

by sUAS because of their ability to fly safely and efficiently. This safety and efficiency has opened 

up a whole new market of possibilities that will keep the United States moving forward in aerospace 

technology and keep our markets competing with the rest of the developed world. 

14 CFR Part 21 subpart H, Airworthiness Certificates 

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 

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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 ofthe size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular 

sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 5 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 PIC and under the requirements and in compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. 

14 C.F.R. 45.23 (b). Marking of the Aircraft 

The regulation requires: When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to 

the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS 

will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be 

placed. Given the size of the sUAS, two-inch lettering will be impossible. They PIC will have registration 

number on his person while operating the sUAS. 

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

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. Our sUAS do 

not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 

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61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The risks 

attendant to the operation of sUAS is far less than the risk levels inherent in the commercial activities 

outlined in 14 CFR 61. The PIC of sUAS will always operate with due regard of safety of people, 

property, wildlife and nature. 

14 C.F.R. 91.7(a) Civil Aircraft Worthiness 

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 checklists prior to each flight an equivalent level of safety will be 

provided. 

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by 21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no 

ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, 

but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground control point where the PIC of the 

sUAS will have immediate access to it. 

14 C.F.R. 91.109: Flight Instruction 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. sUAS 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 

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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 sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 

400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a 

structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 100' above the 

highest point on the structure. 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. The 

equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owners. 

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 SSibs. proposed herein and the lack of flammable fuel, 

any risk associated with these operations is far less than those presently presented with conventional 

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

separation between these sUAS operations and the operations of conventional aircraft that must 

comply with Section 91.119. 

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 11 ... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the sUAS does 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 

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operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. 91.151(a): Fuel Requirements 

The sUAS we will be using do not require fuel but are operated on battery power. The applicant 

believes that an equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of 

battery power- whichever happens first. This restriction would be more than adequate to return the 

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

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

The regulation provides in pertinent part: (a) Except as provided in 91.715, no person may operate a civil 

aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate .... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section or a special flight authorization issued under 91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

The sUAS fully loaded weighs no more than 5 lbs. and is operated without an on board pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the PIC is flying the sUAS will have immediate access to them; to the extent they are 

applicable to the sUAS. 

14 C.F.R. 91.405 (a); 

14 C.F.R. 91.407 (a) (1); 

14 C.F.R. 91.409 (a) (2); 

14 C.F.R. 91.417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ... ," and 

others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and 

Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the 

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

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operating handbook. An equivalent level of safety will be achieved because these sUASs are very limited 

in size and will carry a small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise the small UAS can land immediately and will be operating from no higher than 

400 feet AGL. The PIC will ensure that the sUAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety 

will be achieved because maintenance and inspections will be performed in accordance with the sUAS 

Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the 

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

required maintenance as needed. 

How our request would benefit the public as a whole: 

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

as compared to similar operations conducted with manned aircraft of greater proportions, carrying a 

crew and flammable fuel. Additionally, use of sUAS in order to facilitate commerce could lead to 

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 lead to increased commerce and enhance personal photography. 

Search and Rescue operations can help save lives in the event of man-made emergency, or natural 

disaster. The rapid deployment of sUAS can help first responders find access points to the affected area 

as well as help organize a search and rescue operation by quickly mapping the area and coordinating 

search crews to priority areas. 

Agricultural scouting applications could lead to decreased use of pesticides and fertilizer and 

conservation of water as well as increased crop yields and decreased costs. 

Structural inspections can increase work site efficiency, improve volumetric estimations and reduce 

risks. 

The petitioner will provide clients with photographic data for these purposes on a 'for hire' basis acting 

as an independent contractor. Liability insurance will be obtained commensurate with the granting of 

this request for exemption. Flight data including UA flight time, Control Unit operation time, incident, 

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accident, and details concerning any deviations from normal operations will be available to FAA for use 

in collecting data regarding the use of sUAS as part of this application. This data may be submitted to 

FAA via traditional means, e.g. COA Monthly Reports, or other means as required. 

Reasons why the exemption would not adversely affect 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: 

1. The sUAS will weigh less than 5 lbs. 

2. Flights will be operated within VLOS of a PIC and/or observer. 

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

battery power reserve or 25 minutes of flight time whichever occurs first. 

4. 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. 

5. Minimum crew for each operation will consist of the sUAS PIC and a Visual 

Observer (VO) when needed to maintain VLOS. 

6. A briefing will be performed regarding the planned sUAS operations prior to each day's flight 

consisting of all the days' operational activities. 

7. The PIC 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 or direction of the FSDO, operations at closer range may 

be approved. 

8. The PIC and VO will have been trained in operation of sUAS and receive up-to-date information for 

the particular sUAS to be operated and will be able to show upon request their competent ability to 

operate the sUAS and/or Camera. 

9. The PIC and VO will be able to communicate by voice, phone, and/or text at all times. 

10. Written and/or verbal permission and permits will be obtained from territorial, state, county or city 

jurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed. 

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

to a pre-determined location and land autonomously. 

12. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies. 

13. The sUAS has GPS-controlled autopilot system to maintain sUAS stability and control. 

14. The sUAS has no souls on board and will not be operated over mass populations. 

15. The sUAS has no fuel on board greatly reducing the risk of fire or explosion in the unlikely event of a 

collision. 

Conclusion: 

As a public safety worker, I recognize the need for the safety of the citizens and visitors who fly in our 

NAS and occupy the ground below. The blanket regulation of "no commercial sUAS flights" does very 

little to enhance the safety of our people and greatly inhibits potential economic activity in the U.S. 

This exemption request is submitted because I truly believe commercial flights of sUAS will do more 

harm than good. When operations are conducted in a manner that I propose, risk of personal injury or 

property damage will be extremely limited and the benefits of the operations greatly outweigh the risks 

associated with them. I thank you for the consideration of exemption from section 333 of the FAA 

Reform Act of 2012. 

Trevor Hogan 

FlyFiick Media Products 

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Appendix A 

DJI Phantom 2 Vision+ owner's manual link: 

http:/ I download. dj i-i n novations .com/ down loads/ phantom-2 -vision/ e n/Pha ntom_2_ Vision_ User_ Manu a I_ v 1.8 _en. pdf 

Appendix B 

DJI Phantom 3 Professional owner's manual link: 

http:/ I download. d ji-in novations.co m/ downloads/ phantom_ 3/ en/Phantom_ 3 _P rofessiona I_ User_ Manu a I_ v1.2 _en. pdf 

12