July 5th, 2015 Nicolas London

1326 Milford

 Houston, TX 77006

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations

Dear Sir or Madam:

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

"Reform Act") and 14 C.F. R. Part 11, Nicolas London, seeks an exemption from Federal 

Aviation Regulations ("FARs") detailed below for the following described Unmanned 

Aerial System called in this application the ME System, which includes an Unmanned 

Aircraft (UA) and ground station-based equipment and crew:

THE UNMANNED AIRCRAFT (UA):

[~] A lightweight (20 lb gross weight with all on-board equipment), manufactured by 

DJI, Phantom 2, that includes the following equipment in flight;

[~] An on-board flight computer with GPS navigation and location ability that receives 

signals for flight controls from a ground-based transmitter/controller;

[~] An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

[~] An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal and 

vertical speed, compass direction of flight and direction back to its launch site;

[~] A 2.4GHz on-board radio transmitter that transmits live video from the on-board 

camera plus all the flight data from the telemetry system described above;

THE GROUD STATION -BASED PART OF THE SYSTEM:

[~] A Pilot in Command (PIC) in operational control of a flight operation from beginning 

to end and who controls the UA while in the air;

[~] A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in 

flight;

[~] A radio receiver receiving live video and flight data from the on-board camera and 

computer projects it all together onto a screen for the PIC to view during flight;

[~] A Visual Observer (VO) is a person who provides a second pair of eyes to visually

track the UA while in flight. 
The requested exemption would support an application for a commercial Certificate of 

Authorization to use the above described ME System to support Production of 

promotional materials (video and/or still images) for Real Estate sales Production of 

promotional materials, (video and/or still images) for Travel and Tourism industries; 

Production of promotional materials, (video and/or still images) for commercial 

businesses, Photography and videography of social events, such as weddings never 

operating over persons not directly involved with the ME system.

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft that run on combustible fuel, it operates at lower altitudes with no people on 

board and will thereby reduce current risk levels and thereby enhance safety and diminish 

the likelihood of death or serious bodily injury. With a small payload and maximum 

flight time of only 18 minutes, this is offers little or no risk to national security. 

Low level oblique photos and video from several angles are far more effective than 

ground based imagery for displaying the characteristics of large, complex properties with 

several buildings and large trees. The alternative could be to charter a full-sized 

helicopter for this purpose, which has proven more costly than many potential clients are 

able to afford. The benefits of reduced cost and improved quality of presentation from the 

UA will be valuable to and benefit many buyers and sellers of real property and marine 

property. 

Additionally, I request that I be allowed to use my system to benefit first responders 

nearby who might require assistance, including fire fighters, the police, the sheriff, et al., 

while remaining subject to all limitations cited in this application as I do so. 
The ME System will be operated in the field with both a PIC and a VO in accordance 

with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with 

the following Restrictions:

a) No flight will be made with a UA Gross weight exceeding 55 pounds;

b) All operations must occur in FAA Class G airspace at no more than 400ft AGL, at 

airspeed of no more than 50 knots and no further than 3/4 NM from the PIC;

c) All operations must utilize a visual observer (VO). The VO and PIC must be able to

Communicate by voice at all times during a flight operation;

d) Operations will be restricted to flights over property with the permission of the 

property owner;

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot 

and at least ten hours logged as a UA pilot with a similar UA type;

f) All required permits will be obtained from state and local government prior to 

operation;

g) The ME System will not be operated over densely populated areas;

h) The ME System will not be operated at air shows;

i) The ME System will not be operated over any open-air assembly of people;

j) The ME System will not be operated over heavily trafficked roads;

k) The ME System will not be operated within 5 NM of an airport or heliport;

I) Operations will be restricted to day only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and property owner about the operation and risk before the 

first flight at each new location;

n) No flight may be made without a Pre-Flight Inspection by the PIC before each 

operation to ascertain that the UA is in a condition safe for flight (see Appendix A). 

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 

16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on 

the system and will complete a course of maintenance instruction as part of their initial 

training.

I submit that the combination of the UA's light weight, flight performance and ability, 

fully qualified flight crew and strict operation under the guidelines established in 

8900.227, and under all of the Restrictions (a) through (n) listed above, the FAA can have 

full confidence that the operation will have an equivalent or greater level of safety than 

manned aircraft performing the same mission. 

The name and contact information of the applicant are:

Nicolas London

Ph: 713-444-2697

Email: Nico7111@yahoo.com
The regulations from which the exemption is requested are listed below. Beside each 

regulation number is the page of the attached Addendum upon which each may be found 

together with my proposed equivalent level of safety for each regulation:

- 14 CFR Part 21 ................................. Addendum Page 1

- 14 CFR 91.203 ................................. Addendum Page 1

- 14 CFR 45.23, 45.29 .......................... Addendum Page 2

- 14 CFR 91.9 .................................... Addendum Page 2

- 14 CFR 61.113, 61.133 ....................... Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121 .............. Addendum Page 3

- 14 CFR 91.151 ................................. Addendum Page 3

- 14 CFR Subpart E (91.401 - 91.417) ...... Addendum Page 3

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) ... Addendum 1

I am prepared to modify or amend any part of this request to satisfy the need for an

equivalent level of safety. Please contact us at any time if you require additional 

information or clarification.

Nicolas London

Addendum containing Exemption Requests and Equivalent Level of Safety Appendix AFlight Manual's

Appendix B - Owner's Manual for UA 

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY
Nicolas London requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the ME System:

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While 

the FAA continues to work to develop airworthiness standards for Unmanned Aerial 

Systems, I request an experimental certificate be issued for the ME System under either 

or both of the following provisions: 21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new uses for 

aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance 

for issuance of type and supplemental type certificates, flights to substantiate major 

design changes, and flights to show compliance with the function and reliability

requirements of the regulations. Since the experimental certificate can be used for 

commercial purposes such as market surveys, sales demonstrations, and customer crew

training, I would expect that an experimental certificate would permit my commercial 

purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under 

strict operational requirements. Combined with the UA's light weight, being constructed 

primarily of carbon fiber and plastic, I propose that the UA will be at least as safe, if not 

safer, than a conventionally certificated aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then I

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an 

airworthiness certificate in general, citing the equivalent level of safety outlined in the 

previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The 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." At a maximum gross weight of 6.5 

pounds, the UA is too small to carry documentation, does not have an entrance, and is not 

capable of carrying passengers or crew. To obtain an equivalent level of safety and meet 

the intent of 91.203, I propose that documents deemed appropriate for this aircraft by the 

FAA will be co-located with the crew at the ground control station and available for 

inspection upon request. In order to identify the aircraft, I propose that the information 
found on airworthiness and registration certificates be permanently affixed to the aircraft 

via placard containing the following information plus the word "EXPERIMENTAL" to

satisfy the requirement of 14 CFR 45.23, which follows immediately after the proposed 

placard description below: 

Appendix A

EXPERIMENTAL

Manufacturer: DJI Innovations, Inc. 950 E Baseline Ave. Ste. 210 Apache Junction AZ 

85119

Models: Phantom 2,

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display “N'' and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must display

the word “EXPERIMENTAL” in letters at least 2 inches high near the entrance to the 

cabin, cockpit, or pilot station. The UA does not have an entrance in which the word 

“EXPERIMENTAL” can be placed, and may not have a registration number assigned to 

it by the FAA.

I propose to achieve an equivalent level of safety by including the word 

“EXPERIMENTAL” in the placard on the top of the aircraft, as shown above, where the 

PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be 

able to see the designation. Additionally, I feel that the permanent placard discussed in 

the previous paragraph will provide the aircraft's registration information at the ground 

station. Finally, I will display at the ground station a high contrast flag or banner that 

contains the words “Unmanned Aircraft Ground Station” in letters 3 inches high or 

greater. Since the aircraft will operate within 3/4 NM

of the ground station, the banner should be visible to anyone that observes the aircraft and 

chooses to investigate its point of origin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

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

flight manual is in the aircraft. I assume that the intent of this requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft. I 

request an exemption to this requirement since the aircraft is not only too small to carry

documentation, the documentation would not be available to the crew during flight 

operations.

To obtain an equivalent level of safety and meet the intent of 91.9, I propose that a 

current, approved UA Flight Manual (Appendix A) must be available to the crew at the 

ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133
Commercial pilot privileges and limitations. The regulation provides that no person that 

holds a private pilot certificate may act as pilot in command of an aircraft for 

compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command 

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.

My proposed operations require that the PIC must either

1. Hold a Sport Pilot Certificate issued by the FAA, and have logged 25 hours of flight

Experience in this type of UA, or

2. Meet the requirements of 8900.227 para 16(c)(2)(c) “0perations without a pilot 

certificate” in which the PIC is required to complete ”FAA private pilot ground 

instruction” and pass “the FAA Private Pilot written examination.” Since there are 

currently no means available for the pilot of a UAS to gain the experience in an 

equivalent category and class in order to apply for a commercial pilot's license, I propose 

to generate an equivalent level of safety by requiring My pilots to complete, at a 

minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot 

written examination in addition

Appendix A

To completing the private pilot requirements. Since the aircraft cannot carry passengers 

or property, I feel I meet the intent of 61.113 Subparagraph (b) even though the intent of 

this application is to conduct a business.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that ”No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls."

The ME System ground-based control station consists of a small hand-held radio

transmitter and while it does not offer a second set of “Controls”, both the student and 

instructor can, and will, operate the single set of controls simultaneously. With both 

student and instructor having “hands-On” the controls during flight, I feel that this 

technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be 

operating at a maximum of 400 feet AGL, I cannot comply with this requirement.

In order to provide an equivalent level of safety I will only fly over private property with 

a size of at least two acres with the permission of the owner of the property flown over. 
The aircraft will not be operated over congested areas or over any open-air assembly of 

persons. The property owner will be briefed on the expected route of flight and the 

associated risks to persons and property on the ground. The aircraft will be operated at a 

low altitude allowing, if a power unit fails, an emergency landing without undue hazard 

to persons or property on the surface.

Therefore I maintain that due to the small size of the UA, the hazard to persons, vehicles 

and structures is minimal compared to manned aircraft, which should be considered in 

granting the exemption.

14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising 

altitudes in order to prevent conflict with other aircraft. An Above Ground Level 

altimeter measurement above the takeoff point is transmitted via radio from the UA onboard computer to the display screen held by the PIC, providing a constantly updated 

AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. I feel the intention of this paragraph is to provide an 

energy reserve as a safety buffer for delays to landing. The UA is battery operated and 

the maximum duration of flight from a single battery charge is 18 minutes with a 20%

reserve. Since the aircraft will never fly more than 3/4 NM from the point of intended 

landing, a full battery charge at launch will ensure that I meet the reserve energy

requirement of this paragraph. I request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word "energy".

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection.

It is my intention that the PIC perform maintenance and inspection of the aircraft and "be

authorized to approve the aircraft for return to service." As provided in the Pre-Flight 

Checklist in Appendix A, the PIC will ensure that the aircraft is in an airworthy condition 

prior to every flight and in addition conduct detailed inspections after every two hours of 

flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a 

propeller, checking electrical connections and updating software and firmware for the onboard computer. 

All other maintenance will be performed by the manufacturer or their designated repair 

facility. The PIC will document work performed in accordance with 91.417. I feel that 
due to the size, construction, and simplicity of the aircraft, the PIC can ensure an 

equivalent level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class 

medical certificate issued under part 67 in order to perform as a pilot or observer. The 

UA maximum gross weight is 6.5 pounds, it is constructed of carbon fiber and plastic and 

the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the 

unlikely event that both the PIC and VO become medically incapacitated while the 

aircraft is in flight, the UA will return autonomously to the site of launching and land 

without crew intervention.

Therefore, requiring the PIC and VO to meet the same medical requirements as a 

commercial pilot carrying passengers in a large aircraft is an unnecessary burden.

I propose that the minimum medical requirements for the PIC and VO be vision corrected 

to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will 

ensure that the PIC and VO can see and avoid air traffic; a licensed driver is medically

qualified to operate a much larger vehicle. 

APPENDIX A- FLIGHT MANUAL
FLIGHT RESTRICTIONS

a) No flight will be made with a UA Gross weight exceeding 55 pounds;

b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an 

airspeed

of no more than 50 knots and no further than 3/4 NM from the PIC;

c) All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate verbally at all times during a flight operation;

d) Operations will be restricted to flights over property with the permission of the 

property owner;

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot 

and at least ten hours logged as a UA pilot with a similar UA type;

f) All required permits will be obtained from state and local government prior to 

operation;

g) The ME System will not be operated over densely populated areas;

h) The ME System will not be operated at air shows;

i) The ME System will not be operated over any open-air assembly of people;

j) The ME System will not be operated over heavily trafficked roads;

k) The ME System will not be operated within 5 NM of an airport or heliport;

I) Operations will be restricted to day only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and property owner about the operation and risk before the 

first flight at each new location;

n) No flight may be made without a successful Pre-Flight Inspection by the PIC before 

each operation to ascertain that the UA is in a condition safe for flight.

PREFLIGHT CHECKLIST

1. Remote controller, aircraft battery, and mobile device are fully charged.

2. Propellers are mounted correctly and firmly.

3. Micro-SO card has been inserted if necessary.

4. Gimbal is functioning as normal.

5. Motors can start and are functioning as normal.

6. DJI Pilot app connected to the aircraft.

TO REGAIN CONTROL AFTER LOST RADIO CONTACT

If radio contact is lost and not restored within 3 seconds, an automatic Return to Home 

feature is activated and will bring the UAV back to the PIC.