In the matter of the petition of

Sam Betko, Freelance Photographer,

for an exemption from Part 21; and

§§ 45.23(b); 61.113(a) & (b);

91.7(a); 91.9(b)(2); 91.103(b);

91.109; 91.119; 91.121, 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)

(2); and 91.417(a) & (b) of Title 14, Code of Federal Regulations

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL 

AVIATION ADMINISTRATION WASHINGTON, DC 20591

GRANT OF EXEMPTION

By way of the regulations.gov website on June 17, 2014, Mr. Sam Betko 

(“PETITIONER”), 12125 Culver Dr, Culver City, CA. 90230, petitioned the Federal 

Aviation Administration (FAA) for an exemption from part 21, subpart H; and Sections 

45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 

91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and 

(b) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption would 

allow PETITIONER to operate the PHANTOM 2 quad-copter unmanned aircraft system 

(UAS) to conduct aerial videography to showcase communities in Los Angeles and 

enhance awareness for conservation of the Ballona Creek Wetlands and other shoreline 

communities . 

PETITIONER hereby requests relief from the following regulations:

Part 21 prescribes the procedural requirements for issuing and changing design 

approvals, productions approvals, airworthiness certificates, and airworthiness 

approvals.

AFS-14-373-E

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Section 45.23(b) prescribes that 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.

Section 61.113(a) and (b) prescribes that—

(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; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, 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.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition.
Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for 

determining whether that aircraft is in condition for safe flight and that the PIC shall 

discontinue the flight when any unairworthy, mechanical, electrical, or structural 

conditions occur.

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft 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.

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway 

lengths at airports of intended use, and takeoff and landing distance information.

Section 91.109(a) prescribes, in pertinent part, 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.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes:

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(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or 

over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

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

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or (c) of this section, provided each person operating the helicopter complies with any 

routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set “...to the elevation of the 

departure airport or an appropriate altimeter setting available before departure.”

Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough 

fuel to fly to the first point of intended landing and, assuming normal cruising speed, (1) 

during the day, to fly after that for at least 30 minutes [emphasis added].

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft 

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for in 

§ 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil 

aircraft unless the airworthiness certificate 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.
Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall 

have that aircraft inspected as prescribed in subpart E of the same part and shall, 

between required inspections, except as provided in paragraph (c) of the same section, 

have discrepancies repaired as prescribed in part 43 of the chapter.

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Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or alteration 

unless it has been approved for return to service by a person authorized under § 43.7 of 

the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had an inspection for the 

issuance of an airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) 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 which the aircraft and its 

appliances are maintained.

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(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.

The PETITIONER supports his request with the following information:

The PETITIONER has provided the following information – contained in his petition and 

supporting documentation including: 1) Petition for exemption/rulemaking, 2) 

PHANTOM Flying Flow Chart V1.0 (Simplified Version)Sup2, 3) PHANTOM Quick Start 

Manual v1.7 Sup8, 4) PHANTOM 2 Advanced Manual v.1.4, 5) PHANTOM 2 User 

Manual(Sup4) 5) Restricted areas map around LAX(Sup5), 6) Preflight Check List 

(Sup6), 7.) Phantom_2_Release_Notes_en, and 8.) Syma X5C-1 User Guide(Sup9). All 

hereinafter referred to as operating documents.

PETITIONER’S information is organized into four sections: 1) the unmanned aircraft 

system (UAS), 2) the UAS Pilot In Command (PIC), 3) the UAS operating parameters 

and 4) Public Interest.

Unmanned Aircraft System (“UAS”)

PETITIONER plans to operate a UAS, the PHANTOM, which is comprised of an 

unmanned aircraft (UAS or PHANTOM) and an ISOD mini that displays telemetry on 

any portable monitor (see ISOD User Manual, Supplement No. _3__). The PHANTOM 

is referred to as a quad-copter with an unladen gross weight of approximately 3.5 

pounds. It is equipped with four rotors that are driven by electric motors powered by 

batteries. The UA has a maximum airspeed of 30 knots. PETITIONER plans to attach a 

small ultra-lightweight GoPro 4 camera to the UAS and operate the UAS over public 

areas, and private areas by permission of owner, in Southern California, including Los 

angeles California in order to promote conservation and enhance community awareness 

of shoreline communities, business, and real-estate. PETITIONER plans to augment 

real estate listing videos showcasing properties, promote tourism, and economic activity 

in local communities.

PETITIONER has added the following operational guidelines which he promises to 

abide by to ensure this exemption will operate with a level of safety equal to or greater 

than existing rules:

• PETITIONER will only operate in reasonably safe environments that are strictly 

controlled, are away from power lines, elevated lights, airports, Satellite Dishes, and 

actively congested areas; and

• PETITIONER will conduct extensive preflight inspections and protocols, during which 

safety carries primary importance. (see Preflight Checklist, Supplement No. _6__)

Given the size, weight, speed, and limited operating area associated with the UAS, an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) 

and (b) (Certifications required), subject to conditions and limitations, is warranted and 
meets the requirements for an equivalent level of safety under 14 CFR part 11 and 

Section 333 of P.L. 112-95 (Section 333).

PETITIONER requests an exemption from § 45.23 - marking of the aircraft - because 

the UAS does not have a cabin, cockpit or pilot station. Further, the UAS dimensions of 

the UAS are smaller than the minimal lettering requirement. 

PETITIONER requests an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) Maintenance inspections - as the UAS does not have an onboard pilot 

or an airworthiness certificate. To meet this requirement; PETITIONER will perform a 

preflight inspection of his UAS before each flight as outlined in his Preflight Checklist 

(Sup6).

UAS Pilot in Command (PIC)

PETITIONER requests an exemption from § 61.113 (a) and (b) - private pilots are 

required to fly a minimum amount of hours as part of licensing; PETITIONER will 

exceed the minimum amount of hours required by this section. He further indicates that 

no person will fly without a minimum of 500 supervised hours minimum to satisfy the

activities outlined in 14 CFR part 61, et seq., thus he requests an exemption from § 

61.113 Private Pilot Privileges and Limitations: Pilot in command.

Regarding UAS operational training, the petitioner states he has flown 300+ hours of 

practice flights in remote areas, using the exact Phantom 2 UAS to be used, simulating 

flights for future commercial use to gain familiarization with the characteristics of his 

UAS’ performance under different temperature, weather, wind, and solar activities. 

Furthermore, Hundreds of take-offs and landings have been logged during this time. He 

further states that he practices using smaller sport UAV quadcopter with significantly 

steeper learning curves. The Syma X5C-1 UAS will be used for 20 hours a month, and 

a log will be maintained to keep track of hours. The petitioner states that this UAV lacks 

any GPS Stabilization and is a good simulation of what the Phantom UAS would be if 

the GPS failed for any reason. A minimum of 20 take offs and landings will be made 

with the Syma X5C-1 monthly. A minimum of 10 emergency landing simulations shall be 

completed monthly using the Syma XC5-1 to simulate landing without GPS or any other 

stability support. 

In a supplemental request to the FAA, the petitioner requests consideration of a 120 day 

temporary airman certificate in accordance with § 63.13, to allow him time to obtain a 

private pilot certificate or to allow the FAA time to establish minimum UAS airman 

certification standards.

UAS Operating Parameters

The petitioner states that he will abide by the following additional operating conditions 

under this exemption:

• Preset his UAS to stay below 300 feet and within a radius distance of 1000 feet from 

the controller to both aid in direct line of sight visual observation;
• operate the UAS for 3-7 minutes per flight even though UAS has flight time of 25 

minutes; 

• land his UAS prior to the manufacturer’s recommended minimum level of battery 

power of 25%; 

• operate his UAS only within visual line of sight (VLOS); 

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers

and then slowly lands if communication with the remote control pilot is lost; or if UAS 

flys outside of preset boundaries; or inadvertently into a manufacturer set “No Fly Zone” 

I.e. Los Angeles International Airport. 

•The UAS Manufacturer suggests a minimum of six GPS signals for this safety function; 

petitioner will wait for a minimum of 8 GPS signals as indicated in the Preflight 

Checklist(Suplement No 6);

• Conduct all operations under his own personal and flight safety protocols (including

posting a warning sign reading: “Attention Aerial Photography in Progress – Remain 

Back 150 feet”) contained in the operating documents and will actively analyze flight 

data and other sources of information to constantly update and enhance his safety 

protocols;

• contact respective airports if operations will be within 5 miles to advise them of his 

estimated flight time, flight duration, elevation of flight and other pertinent information;

• always obtain all necessary permissions prior to operation; and

• have procedures in place to abort flights in the event of safety breaches or potential

danger.

Petitioner states that § 91.7(a) prohibits the operation of an aircraft without an 

airworthiness certificate. The petitioner asserts that since there is currently no certificate 

applicable to his operation, he will check airworthiness before every flight using the Pre 

Flight Checklist (Supplement 6).

Petitioner states that § 91.9(b)(2) requires an aircraft flight manual in the aircraft, 

however since there are no pilots or passengers on board his aircraft and given its size, 

he will keep all “operating documents” with his person when operating UAS. He further 

indicates an equivalent level of safety will be achieved by maintaining a safety/flight 

manual with the ISOD Telemetry Display as specified in Sam Betko (Supplementary 

Information No. 3). Petitioner indicates that § 91.121 Altimeter settings is inapplicable 

since the Phantom 2 UAS utilizes electronic GPS with Preprogramed altitude limits. 

Please see Sam Betko (supplementary info No 7) to see manufacturers release notes 

explaining this new failsafe technology.

Public Interest

The petitioner states that aerial videography for geographical awareness for real estate 

and small business marketing has been around for a long time through manned fixed 

wing aircraft and helicopters. Unfortunately, for small business owners its expense has 

been cost-prohibitive. Granting this exemption to the petitioner would allow him to 
provide this service at a much lower cost. Further, the petitioner indicates his small UAS 

will pose no threat to the public given its small size and lack of combustible fuel when 

compared to larger manned aircraft. The petitioner also states that the operation of his 

UAS will minimize ecological damage to sensitive wetlands, and shoreline ecosystems 

and promote economic growth by providing information to companies looking to market, 

relocate, or start a small business in the Los Angeles area.