May 15, 2015 

 Exemption No. 11595 

 Regulatory Docket No. FAA–2015–0479 

Mr. Gary J. Huett 

8270 Cordry Drive 

Nineveh, IN 46164−9251 

Dear Mr. Huett: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

By letter posted to the docket on February 26, 2015, you petitioned the Federal Aviation 

Administration (FAA) for an exemption. The exemption would allow the petitioner to 

operate an unmanned aircraft system (UAS) to conduct aerial videography and 

cinematography. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. 

Airworthiness Certification 

The UAS proposed by the petitioner is a DJI Phantom 2 Vision +. 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

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

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 
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meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that— 

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Gary J. Huett is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

In this grant of exemption, Mr. Gary J. Huett is hereafter referred to as the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 
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1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision + when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3.The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4.The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5.The UA 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 or 

U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. 

The VO 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 VO can perform the duties required of the 

VO. 

7.This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein 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 or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 
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the operator must petition for an 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. 

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 

9.The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

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

under this exemption are permitted under the terms of this exemption. However, 
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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 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. 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. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 
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These documents must be made available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

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 in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses 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 (AFS−80) 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. 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 
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notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N−Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosures 
U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590

From:

Gary J. Huett, 

8270 Cordry Drive

Nineveh, IN 46164-9251

Office: (317) 933-2946

Mobile: (317) 432-5499 

Email: garyjhuett@embarqmail.com

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from: 14 C.F.R. 45.23(b); 14 C.F.R. Part 21;14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 

91.103(b); 91.105; 91.109; 91.119; 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 

91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, Gary Huett, herewith known as the petitioner, am writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to 

request that I, an owner and operator of small unmanned aircraft, be exempted from the Federal 

Aviation Regulations (“FARs”) listed below so that I may operate my small ultra light weight 

unmanned aircraft system (“sUAS”) commercially in airspace regulated by the Federal 

Aviation Administration (“FAA”).

The petitioner has been an active private pilot for over 20 years with over 550 hours logged, 

Certificate Number: 3505115, with a current Medical Certificate Third Class, Applicant ID: 

1996425753. I also have a BS and MS degree in Aeronautical Engineering with the master’s 

degree being in Air Transportation Systems. I have been involved professionally in 

videography in various capacities over the years. I have experience flying RC aircraft and in 

particular have been flying RC quadcopters for over one and a half years and other RC aircraft 

prior to that. I have over 100 hours experience flying RC quadcopters of the type referenced 

here.

The petitioner has added a hobby grade quadcopter sUAS with an integrated still/video camera 

system to my inventory with intent for aerial videography/cinematography to enhance 

academic community awareness, augment real estate listing videos, document accident scene 

locations, mapping, crop surveying, inspections and other flight operations, following 

exemption and approval by the FAA. The petitioner plans to add a second quad-copter to their 

inventory in the future with comparable or enhanced safety capabilities based on the latest 

technology.

The petitioner has instilled safety protocols and controls to avoid and prevent public hazard. 

The petitioner believes that his unique background of aeronautical engineering, piloting and 
professional videography can assist the FAA in developing operational and safety protocols for 

lightweight UAS's as their integration into the national airspace system is explored and 

developed. This unique foundational experience and analysis can be used to record flight data 

and other information gained through permitted flight operations to share with the FAA 

through any required FAA reports to assist with the development of future protocol and safety 

regulation. The petitioner has noticed that most exemptions have been granted to professional 

cinematography companies primarily on the west coast. The petitioner believes that with his 

aeronautical engineering background and other related qualifications he can greatly contribute 

to the FAA in exploring the proper integration of the UAS into the NAS in other nonprofessional cinematography commercial applications. The applications outlined in this 

request are not primarily directed towards professional cinematography but mainly smaller 

commercial community based operations of the UAS. The petitioner believes that his 

exemption would provide the FAA with an analytical, expanded and diverse UAS experience 

to help establish the necessary requirements and protocols for the safe operation of such 

aircraft systems [UAS's] in the wide variety of application in the national airspace system. 

I am interested in operating small unmanned aircraft systems (sUAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) for the purposes of aerial 

photography, videography/cinematography, mapping, crop surveying, accident reconstruction, 

inspections and other responsible flight operations that could be performed safely and more 

cost effectively with the use of a small sUAS at low altitude within the U.S. national airspace 

system as compared to a manned aircraft. Commercial operations will be performed only at

the request of and with the authorization and permission of clients, communities or their 

authorized agents in order to facilitate commerce and raise awareness of the responsible and 

beneficial uses of small unmanned air systems. 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. 

Granting my request comports with the Secretary of Transportation’s (FAA Administrator’s) 

responsibilities and authority to not only integrate UAS's into the national airspace system, but 

to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the 

national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's 

for real estate and other community related purposes. Further I will conduct my operations in 

compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below the petitioner respectfully requests the grant of an exemption 

allowing me to operate ultra light weight, remote controlled UAS’s for academic community 

awareness to benefit/enhance attraction to the community, to enhance real estate listing videos 

for home or business owners who cannot afford expensive manned aircraft for the same 

purpose, investigate/document accident sites long after the accident occurred for reconstruction 

and analysis purposes, aerial mapping, crop surveying, inspections and other flight operations. 

All of which will promote local economic growth through increased employment and increased 

tax base. All with public safety in mind by replacing heavier manned aircraft containing 

combustible fuel that poses potential public hazard.

I. Contact Information:
Gary J. Huett, 

8270 Cordry Drive

Nineveh, IN 46164

Office: (317) 933-2946

Mobile: (317) 432-5499

Email: garyjhuett@embarqmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which The 

Petitioner Requests Exemption are:

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

14 C.F.R. 21; Subpart H Certification procedures; Airworthiness Certificates

14 C.F.R. 61.113(a)&(b); Pilots, Flight Instructors and Ground Instructors

91.7(a); Airworthiness certificate

91.9(b) (2); Aircraft flight manual

91.103(b)(2); Preflight action

91.105; Flight crew members at stations

91.109; Flight instruction

91.119; Minimum safe altitudes

91.121; Altimeter settings

91.151(a); Fuel requirements for flights in VFR conditions

91.203(a)&(b); Aircraft certifications and registrations

91.405(a); Maintenance required

91.407(a) (1); Operation after maintenance

91.409(a) (1) &(2); Inspections

91.417(a)&(b) Maintenance records

III. The Extent Of Relief The Petitioner Seeks And The Reason He Seeks Such Relief:

These are in accordance with FAA Publication: Public Guidance for Petitions for Exemption 

Filed under Section 333 (Rev. 9/25/14). The petitioner submits this application in accordance 

with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable 

FARs operating to prevent the petitioner from contemplated commercial videographic, 

academic and other flight operations within the national airspace system (NAS). The Reform 

Act in Section 332 provides for such integration of civil unmanned aircraft systems into our 

national airspace system as it is in the public’s interest to do so. The petitioner’s ultra light 

weight sUAS meets the definition of “small unmanned aircraft” as defined in Section 331 and 

therefore the integration of my ultra lightweight sUAS is expressly contemplated by the 

Reform Act. I would like to operate my ultra lightweight sUAS prior to the time period by 

which the Reform Act requires the FAA to promulgate rules governing such craft. My 

aeronautical engineering, piloting and videography background applied to UAS’s can provide 

direct experience and valuable information to develop requirements and protocols for formal 

regulation that can be administered regarding various applications related to UAS aerial video 

and photography. The Reform Act guides the Secretary in determining the types of UAS's that 

may operate safely in our national airspace system. Considerations include: The weight, size, 
speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or 

heavily populated areas; and, whether the UAS will be operated by line of sight. 112 P.L. 95 § 

333 (a). Each of these items reflect in favor of an exemption for the petitioner. 

Similar exemptions to Astraeus Aerial (No. 11062) and Douglas Trudeau (No. 11138) as well 

as others have been recently granted that cover the same relief from regulations as requested in 

this petition for exemption. The above two, amongst other, petitions have been reviewed with 

the petitioner’s exemption being substantially similar to that of Douglas Trudeau in use of the 

UAS for local community related matters rather than professional movie making.

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). 

The size, weight and enclosed operational area of the petitioners UAS permits exemption 

from Part 21 because the UAS meets (and exceeds) an equivalent level of safety pursuant 

to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and 

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt 

UAS's from the airworthiness certificate requirement in consideration of the weight, size, 

speed, maneuverability and proximity to areas such as airports and dense populations. 

The petitioners UAS meets or exceeds each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this regulation is inapplicable. Proper maintenance will be regularly applied to 

keep the UAS airworthy.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no 

on board pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight 

manual as presented in this document delineating areas of where safety can be defined. 

The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS has no 

altimeter settings. It, however, utilizes electronic global positioning systems with a 

barometric sensor providing instantaneous telemetry to the PIC as to the altitude (AGL) 

of the UAS above the takeoff location.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent 

level of safety will be achieved by maintaining any such required certifications and 

registrations by the petitioner.

B. 14 C.F.R. § 45.23: Marking of The Aircraft.
Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. My UAS is, by definition, unmanned. It, therefore, does not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch 

lettering is difficult to place on such small aircraft with dimensions smaller that minimal 

lettering requirement. Regardless, I will mark the UAS in the largest possible lettering by 

placing an N number registered with the FAA on its fuselage so that I the pilot, or anyone 

assisting me as a spotter with the UAV will see the markings. The FAA has previously 

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 

10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. The petitioner can achieve an equivalent level of safety as achieved by current 

regulations because my UAS does not carry any pilots or passengers. Further, while 

helpful, a commercial pilot license will not ensure remote control piloting skills. 

However, the PIC is a licensed Private Pilot with a current Third Class Medical 

Certificate. The PIC also possesses over 100 hours experience flying the UAS in a variety 

of locations and conditions. The risks attendant to the operation of my UAS are far less 

than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et 

seq. Thus, allowing the petitioner, a licensed Private Pilot with a current Third Class 

Medical Certificate to operate my UAS commercially meeting and exceeding current 

safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.105: Flight Crew Members at Stations

Since there is no flight crew onboard the UAS, the above-cited regulation is inapplicable. 

However, in keeping with the direction of the regulation, the PIC of the UAS and VO 

will be at their respective crewmember stations on the ground during takeoff and landing 

as well as the complete duration of the flight. 

E. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My UAS will never 

operate at an altitude greater than 400 feet AGL unless other altitude limits are 

forthcoming by the FAA. The petitioner will operate the UAS in a manner protecting the 

public and any consenting participants, providing a level of safety at least equivalent to or 

below those in relation to minimum safe altitudes. Given the size, weight, 

maneuverability and speed of my UAS, an equivalent or higher level of safety will be 

achieved.

F. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a)(1)&(2); 417(a) & (b): Maintenance 

Inspections.
The above-cited Regulations require, amongst other things, aircraft owners and operators 

to “have [the] 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. . . .” These Regulations 

only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to 

the petitioners UAS. However, as a safety precaution I inspect my UAS regularly as well 

as before and after each flight and have a maintenance program that involves regular 

software updates and curative measures for any damaged hardware. Therefore, an 

equivalent level of safety will be achieved.

IV. How The Petitioners Request Will Benefit the Public As A Whole:

Aerial videography for geographic, community awareness, real estate marketing, documenting 

accident scene locations, mapping, crop surveying, inspections and other flight operations has 

been around for many years through manned fixed wing aircraft and helicopters. For small 

budget operations, local community awareness and the average business/homeowners, the 

expense and operation of such aerial videography can be both cost and logistically prohibitive. 

Only large companies, large farms and high-end realtors or luxury homeowners can afford to 

absorb such expense. In addition, attempting to get still photos, much less high quality, 

stabilized video of a community, home, farm, or business is often logistically difficult or 

impossible using a full size aircraft or helicopter due to flight restrictions, ground proximity, 

trees and other hindrances, not to mention highly intrusive noise levels and other drawbacks to 

the neighboring community. Also, the physical logistics of maneuvering a full sized fixed 

wing aircraft or helicopter adds an element of risk and danger due to the possibility of crashing 

and ensuing fire. The proper use of an ultra lightweight, battery powered, GPS stabilized, UAS 

removes that element of danger, while at the same time making available the opportunity to 

acquire high quality images and video to the community at an economical cost. New 

perspectives and creative presentations of features of the community are made available that 

were not previously possible. This opens up a whole new economic avenue for community 

awareness, development and enhancement in many areas, some yet to be explored and 

discovered, similar to the advent of aviation. The lower cost and greater utility facilitates a 

whole new dimension to community related presentation options that were previously not 

available.

Congress has already proclaimed that it is in the public’s interest to integrate commercially 

flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting 

the petitioners exemption request furthers the public interest through academic/visual 

awareness, decreased risk to the public and newly accessible scales of economy. My ultra 

lightweight UAS is battery powered and creates no emissions that can harm the environment. 

The consequence of my ultra lightweight UAS crashing is far less than a full size helicopter or 

fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic 

devastation to the public. Due to their size, limited maneuverability, and flight limitations 

manned aircraft also cannot provide the community with the versatile, high quality, stabilized 

video/cinematography that can be gained through the responsible operation of a small UAS.
Some specific areas where the petitioner’s use of a UAS may benefit the public as a whole are:

• Aerial videography/cinematography to enhance academic community awareness -

community events, outdoor functions, business promotions, video productions

• Augment real estate listing videos - provide a more expansive view of large properties, 

show proximity to other geographic and community features, enhance buyer awareness 

• Document accident scene locations - provide high definition, measurable photos taken 

days, months or years after the incident to document distances, skid marks, gouges, and 

other physical artifacts to assist in reconstructing accidents

• Mapping – Aerial mapping of areas for geographic and surveying purposes

• Crop surveying – provide detailed analysis of crop areas to apply the proper amount of 

fertilizer, insecticide, etc. limiting excessive blanket application causing undo runoff 

polluting lakes, rivers, streams, foliage and wildlife

• Inspections – inspect water towers, roofs, snow-mass on roofs, bridges and other 

facilities not readily accessible, thus removing potential physical risk to someone 

having to climb the object to inspect it.

• Other flight operations – other areas that may develop 

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial 

video/photo capture through my battery operated ultra lightweight UAS. Permitting the 

petitioner to immediately fly within national air space stimulates economic growth in the 

community. In addition, due to my aeronautical engineering background, the petitioner can 

knowledgeably relate back to the FAA valuable input to establish requirements and protocols 

for the proper integration of UAS’s into the national airspace system.

V. Reasons Why Granting the Petitioners Exemption Will Not Adversely Affect Safety Or 

How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

The following information is provided for the FAA to effectively analyze the petitioner’s 

sUAS operation with regard to safety:

A. Regarding The Unmanned Aircraft System (UAS)

My battery operated sUAS utilizes four (4) counter-rotating propellers for propulsion, 

integrated with a three-axis self-stabilizing control system augmented with GPS. My UAS is 

equipped with GPS, Intelligent Orientation Control (IOC) and auto return safety technology. 

Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera 

with gimbal.

The Petitioner’s sUAS Characteristics:

DJI Phantom 2 Vision + 

Model No. PV331

Serial Number: PH645233374 V2.0

• Gross weight of less than 3 pounds including camera and battery

• FCC approved 2.4 GHz transmitter/controller/receiver Radio Frequency (RF) 

spectrum for controlling sUAS flight 
• FCC approved 5.8 GHz RF spectrum EIRP transmitting power of 100 mW for 

dedicated wifi transmitter/receiver between sUAS, Range Extender attached to 

transmitter and mobile viewing device displaying operational telemetry and 

video/photography functions including:

o Digital and analog battery level indicator with low battery warnings

o Number of satellites being received by the sUAS to verify GPS lock

o Wifi signal intensity

o Range Extender battery level

o sUAS altitude in feet above take-off location (home point)

o sUAS distance in feet from take-off location (home point)

o sUAS speed in mph

o Flight attitude and radar function indicating yaw orientation of sUAS and 

graphical direction and distance from take-off location (home point)

o Verification of micro-SD recording card in sUAS

o Remaining number of photos available on micro-SD card

o Indication of photo or video recording in progress

• Cruising speed of 15 knots, with a maximum speed of 29 knots

• Maximum flight time is 25 minutes

• Audible and visual sequential low battery warnings are set at 30% charge and 

15% charge remaining. The sUAS automatically initiates landing sequence at 

15% charge while still under PIC control

• Software allows setting maximum altitude (AGL) and distance sUAS can fly from 

home point to automatically restrict altitude and range as needed

• Vertical height limitation can be set for maximum of 400 feet AGL to aid in 

VLOS (unless new regulations allow 500 feet)

• Lateral radius distance from controller can be set for maximum of 1000 feet to aid 

in VLOS

• Firmware in sUAS provides airport vicinity no-fly feature and limited altitude 

feature under restricted airspace

• Return Home and land itself feature if it loses transmitter control signal

• Flight testing in open rural areas has proven that having the firmware 

programmed for maximum 400 feet AGL and 1000 feet distance are adequate for 

maintaining VLOS without assistance of binoculars or other assistance. Most 

intended operation will be less than 200 feet AGL and 500 feet lateral distance.

• Intelligent Orientation Control (IOC) Home Lock mode option on the controller 

allows the PIC to activate this function and initiate pull back on the directional 

control and the sUAS will come back to PIC’s location no matter what direction it 

is facing.

Firmware upgrades provided by the manufacturer will be regularly maintained for:

• Main Controller 

• GPS 

• Receiver

• Battery 

• Zen IMU
Additional specifications and operational information is available in the attached (Appendix 

A - Phantom 2 Vision Plus User Manual v1.8)

Safety Procedures. 

The petitioners exemption will not adversely affect safety. Quite the contrary, for the reasons 

stated permitting the petitioner to log more flight time in FAA controlled airspace, with 

communication with the FAA, if desired, will allow me to contribute to the innovation and 

implementation of new and novel, as of yet undiscovered safety protocols for UAS’s in 

cooperation with the FAA. In addition the petitioner submits the following representations of 

safety enhancements to current aerial videography and photography for aerial 

videography/cinematography to enhance academic community awareness, augment real estate 

listing videos, document accident scene locations, mapping, crop surveying, inspections and 

other flight operations:

• My UAS weighs less than 5 pounds including the three-axis stabilized gimbal and 

integrated camera; 

• I regularly inspect the physical components of the UAS such as frame, motors and 

propellers prior to each flight to make sure it is ready for flight; 

• I regularly verify the condition of the flight batteries using software provided by the 

manufacturer; 

• I repair or replace any questionable or faulty components to maintain air worthiness;

• I regularly calibrate the Inertial Measurement Unit (IMU) using provided software;

• I only operate my UAS below 400 feet (within the permissible ceiling set by the FAA 

Modernization and Reform Act of 2012);

• I only operate the UAS in visual meteorological conditions;

• My UAS can operate for 20-25 minutes per flight, but my flights will be typically 

limited to 10–15 minutes for safety purposes, landing prior to 30% remaining battery 

charge to provide a safety buffer; 

• My UAS provides digital (numeric) and analog (progress bar) telemetry of remaining 

battery life;

• It provides two sequential indications of low battery power with audible warnings and 

visual red flashing on my telemetry;

• If the second, lower level of battery warning is reached, it automatically begins to 

descend to a landing, which the pilot can control. This prevents it from falling out of 

the sky due to battery drain, causing potential damage;

• I pilot my UAS through remote control only by visual line of sight (VLOS); 

• I use a visual observer for any commercial operations if necessary;

• My UAS has GPS along with built in stability control, a flight safety feature whereby it 

hovers in place when the control sticks are released;

• The GPS also provides a Return To Home feature causing the UAS to return 

automatically to its take off or home point then slowly land itself if communication 

with the remote control PIC is lost; 

• I actively analyze flight data, experience and other sources of information to constantly 

update and enhance safety protocols; 

• I actively engage in dedicated online UAS forums to stay up to date with operational, 

technical and regulatory issues from others and assist others in their flight experience 

and questions.
• I only operate in reasonably safe environments that are strictly controlled, are away 

from power lines, elevated lights, airports and actively populated areas; 

• I conduct extensive pre-flight inspections and operational protocol, during which safety 

carries primary importance;

• After takeoff I immediately verify that the UAS is operating properly by observing it’s 

response to all controls and telemetry prior to proceeding on my flight; 

• I always obtain all necessary permissions prior to operation;

• I have enough varied flight experience with the sUAS to know when to abort flights in 

the event of safety breaches or potential danger;

• If any repairs are done, the sUAS is extensively bench and flight tested prior to any 

commercial operations to verify normal operation;

• I have over 100 hours flight experience in a wide variety of situations with this sUAS;

• Training sessions are regularly done to maintain proficiency and increase piloting 

skills;

• I accomplish 3 take-offs and landings in the preceding 90 days (for currency purposes).

• I have developed (and continue to develop) a Safety Protocols and Controls document 

(see Appendix B) for use prior to each flight;

• I have a Flight Safety Manual checklist (see Appendix C) filled out prior to each 

commercial flight. 

• I have a PHANTOM Flying Flowchart (see Appendix D) at all flights for reference.

The petitioner’s safety protocols provide a level of safety equal to or exceeding existing rules. 

It is important to note that absent the integration of commercial UAS into our national airspace 

system, helicopters are the primary means of aerial video and photography for community 

awareness, real estate and other applications. While the safety record of such helicopters is 

remarkably astounding, there have been incidents involving loss of life as well as extensive 

property damage; it is far safer to operate a battery powered ultra light weight sUAS.

• First, the potential loss of life is diminished because UAS's carry no people on board 

who could be hurt or killed in the event of a crash, not to mention the risk to those on 

the ground. 

• Second, there is no fuel on board a UAS and thus the potential for fire or explosions is 

greatly diminished and at a much smaller scale.

• Third, the small size, constant visual acquisition, and extreme maneuverability of my 

UAS allow me to identify and pilot away from and avoid hazards quickly and safely. 

• Lastly, given its small size and weight, a potential crash is likely to cause little or no 

damage as compared to a helicopter.

Accordingly, my sUAS has been experimentally operated for familiarization/competency and 

will continue to operate at and above current safety levels.

B. Regarding The Unmanned Aircraft PIC 

The petitioner (PIC) has been an active VFR private pilot for over 20 years with over 550 

hours logged, Certificate Number: 3505115 and has met the flight review requirements 

specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his pilot certificate. He 

also has a current Medical Certificate Third Class, Applicant ID: 1996425753. The petitioner 

has over 100 hours flight experience in a wide variety of training, proficiency, and experience-
building flights with this sUAS, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at 

least a current third-class medical certificate. The PIC must also meet the flight review 

requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her 

pilot certificate. 

Prior to operations conducted for the purpose of aerial videography/cinematography to enhance 

academic community awareness, augment real estate listing videos, document accident scene 

locations, mapping, crop surveying, inspections (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.61(b), a minimum of 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 documented flight experience that was obtained in compliance with 

applicable regulations may be used to satisfy this requirement. Training, proficiency, and 

experience-building flights will also be conducted to accomplish the required flight time. 

However, said training operations may only be conducted during dedicated training sessions. 

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

UA with appropriate distances in accordance with 14 CFR 91.119.

Prior to operations conducted for the purpose of aerial videography/cinematography to enhance 

academic community awareness, augment real estate listing videos, document accident scene 

locations, mapping, crop surveying, inspections (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours 

as UAS pilot operating the make and model of the UAS to be used in operations under the 

exemption; 5 hours make and model time may be included in the 10 hours of multi-rotor time 

prescribed above. The PIC must accomplish 3 take-offs and landings in the preceding 90 days 

(for currency purposes). Training, proficiency, experience-building, and take-off and landing 

currency flights are conducted only during dedicated training sessions to accomplish the 

required flight time and 90 day currency. During training, proficiency, and experience-building 

flights the PIC is required to operate the UA with appropriate distances in accordance with 14 

CFR 91.119.

The operator may not permit the PIC to operate the UAS for the purpose of aerial 

videography/cinematography to enhance academic community awareness, augment real estate 

listing videos, document accident scene locations, mapping, crop surveying, inspections (or 

similar operations), unless the PIC has demonstrated and logged in a manner consistent with 14 

CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with how the UAS 

will be operated under the desired exemption, including evasive and emergency maneuvers and 

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

C. Regarding The Operation of the Unmanned Aircraft

The petitioner considers safety as foremost with each flight. My small unmanned aircraft is 

designed to hover in place via GPS in order to hold location and elevation and operate in less 

than a 24 knot (27.6 mph) wind. For safety, stability and fear of financial loss I will not fly in 
winds exceeding 20 mph. Built-in safety systems include an integrally stabilized GPS mode 

that allows my sUAS to hover in place when radio controls are released. With three control 

modes to choose from, I utilize the Smart Mode for aerial videography/photography. This is the 

safest, most reliable and stable mode complementing the pilot’s skills to prevent accident and 

hazard. It allows that if directional orientation of the sUAS in flight is ever an issue I can 

switch to IOC Home Lock mode and just pull back on the controls and it will come back to my 

location no matter what direction it is facing. When pilot communication is lost, the UAS is 

designed to return to the point of take off and slowly descend, landing itself if necessary, or the 

pilot may retake control of it. I do not operate my UAS near airports (unless proper 

communication and approval has been secured), hospitals nor police heliports, and do not 

operate near areas where the general public is placed in a hazardous situation depending on 

location, conditions and weather. Current software has integrated no-fly zones preventing the 

sUAS from taking off or limiting its altitude to remain under controlled airspace. This 

software is updated regularly by the manufacturer and installed by the petitioner. I am 

constantly on alert for any manned aircraft (police/medical helicopters, etc.) and prepared to 

land/abort immediately to the nearest and safest ground point should a manned aircraft 

approach my location or I suspect a manned aircraft may approach near my location. My sUAS 

is capable of vertical and horizontal operations, and is flown only within my line of sight, as 

the remote control pilot (PIC). Utilizing battery power rather than combustible fuels, flights 

generally last between ten (10) to eighteen (18) minutes allowing at least 30 percent charge 

remaining in the battery at landing, with an altitude under four hundred (400) feet (or current 

FAA regulations), with most flights not exceeding two hundred (200) feet. 

The petitioner utilizes a fresh fully charged battery with each flight as a safety precaution; full 

flight time limit for each battery is twenty (20) to twenty-five (25) minutes. Remaining 

battery life is constantly displayed with telemetry provided to the PIC as to the state of the 

charge of the battery with percentage of battery charge showing both in digital and analog. 

The health of the battery is regularly checked using manufacturer provided computer software 

prior to flights. I do not operate my sUAS at or below manufacture recommend minimum 

charge levels for operation; preferring to remain well within a safe operating range to insure 

adequate communication between the PIC and sUAS to eliminate potential for crash, loss of 

control or hazard. During operation, two sequential low-voltage (low battery) alerts are issued 

visually and audibly. All flights will be concluded prior to the first low battery warning of 

30% remaining charge. Also, the sUAS has an automated function which results in immediate 

automatic landing when a low battery (15% battery level warning) is detected. Reserve 

batteries are always at hand with each flight to insure easy replacement for sufficient safe level 

of operation and eliminate any need to be inclined to push the battery limits for extended flight 

time. I do not believe in taking a risk that may cause a crash that could create hazard to the 

public/property/manned aircraft, and have no desire to lose an investment. I have flown over 

100 hours of flight time as a hobbyist simulating flights for future commercial use to gain 

familiarization and flight proficiency with the characteristics of this specific sUAS's flight, 

battery and video camera performance under different temperature, wind and weather 

conditions. 

The petitioner is extremely responsible and cautious, exercising situational awareness, when 

operating my UAS/ultra light weight unmanned aircraft and will not “create a hazard to users 
of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and 

weight of my sUAS, it falls well within Congress’s contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to integrate sUAS's into the 

national airspace system. The petitioner’s sUAS, used in hobby flight, has a demonstrable 

safety record and does not pose any threat to the general public or national security.

The petitioner desires to operate the UAS for the purpose of aerial 

videography/cinematography to enhance academic community awareness, augment real estate 

listing videos, document accident scene locations, mapping, crop surveying, inspections (or 

similar operations). 

Operations authorized by the desired grant of exemption are limited to the following aircraft 

described in the operating documents which is a quad-rotor aircraft weighing less than 3 

pounds: PHANTOM 2 Vision+ Unmanned Aircraft System. Proposed operations of any 

other aircraft will require a new petition or a petition to amend the grant.

The sUAS will not be flown at an indicated airspeed exceeding 30 knots.

The sUAS will be operated at an altitude of no more than 400 feet above ground level (AGL) 

(or within current FAA altitude regulations should it be changed), as indicated by the 

procedures specified in the operating documents. All altitudes reported to ATC must be in feet

AGL.

The sUAS will be operated within visual line of sight (VLOS) of the Pilot In Command (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.

All operations will utilize a visual observer (VO). The sUAS will be operated within the visual 

line of sight (VLOS) of the VO at all times. The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be 

able to communicate verbally at all times. The PIC will be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC will ensure that the 

VO can perform the functions prescribed in the operating documents.

The operating documents and the grant of exemption will be accessible during UAS operations 

and made available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in the exemption and the procedures outlined in the operating 

documents, the conditions and limitations in the exemption take precedence and must be 

followed. Otherwise, the operator will 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 will also present updated and revised documents if 

he petitions for extension or amendment to this grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted this exemption, 
then the operator will petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) will be contacted if questions arise regarding updates or revisions 

to the operating documents.

Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If 

the inspection reveals a condition that affects the safe operation of the UAS, the UAS will be 

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 will be included in the 

preflight inspection. All maintenance and alterations will be properly documented in the aircraft 

records.

Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, will undergo a functional test flight. The PIC who 

conducts the functional test flight will make an entry in the aircraft records.

The pre-flight inspection section in the operating documents will account for all discrepancies, 

i.e. inoperable components, items, or equipment, not already covered in the relevant sections of 

the operating documents.

The operator will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

The operator will carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations will be 

noted in the aircraft records, including total flight hours, description of work accomplished, and 

the signature of the authorized person returning the UAS to service.

Each UAS operated under the exemption will comply with all manufacturer Safety Bulletins.

The authorized person will make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections.

UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations 

will be conducted under visual meteorological conditions (VMC).

The UAS will not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless appropriate contact with the airport and any 

other required agencies has been done and approval has been granted. 

The UAS will 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.

If the UAS loses communications or loses its GPS signal, it will return to a pre- determined 

location within the planned operating area and land or be recovered in accordance with the 
operating documents.

The PIC will abort the flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents.

The PIC will not begin 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 UAS 

with 30% battery power remaining.

The operator will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the desired 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.

The sUAS operated in accordance with the desired exemption will be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N- Number) 

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as 

practicable.

The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request.

The UAS will remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

The UAS will not be operated by the PIC from any moving device or vehicle.

Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless:

1. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator will 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 UAS, 

flight operations will cease immediately and/or; 

2. 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; 

3. Operations nearer to the PIC, VO, operator trainees or essential persons do not present 

an undue hazard to those persons per § 91.119(a).

Caution signs will be placed to warn people to stay back due to aerial photography in progress. 

(see Appendix E – Warning Sign)
All operations will 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.

Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

VI. A Summary The FAA May Publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 

C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The

size, weight and limited operational area of my UAS permits exemption from Part 21 because 

the petitioner’s UAS meets an equivalent level of safety pursuant to Section 333 of the Reform 

Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of 

legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in 

consideration of the weight, size, speed, maneuverability and proximity to areas such as 

airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 

91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there 

are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a manual. The FAA has previously 

issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 requires altimeter 

settings in the aircraft. Since there are no such settings possible and the UAS provides realtime GPS and barometric telemetry to the PIC, this regulation is inapplicable. 14 C.F.R. § 

91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. 

This regulation is inapplicable as to the small size of the UAS, however, the petitioner will 

maintain any required certifications and registrations. 14 C.F.R. § 45.23: Marking of The 

Aircraft. Due to the small size of the UAS, two inch lettering is inapplicable. However, an Nnumber as large as possible, registered with the FAA will be put on the fuselage. 14 C.F.R. § 

61.113: Private Pilot Privileges and Limitations: PIC. The risks attendant to the operation of 

my UAS are far less than the risk levels inherent in the commercial activities outlined in 14 

C.F.R. § 61, et seq. Thus, allowing the petitioner, a licensed Private Pilot with a current Third 

Class Medical Certificate to operate my UAS commercially meeting and exceeding current 

safety levels. 14 C.F.R. 91.105: Flight Crew Members at Stations. The PIC of the UAS and 

the VO will remain at their respective stations during takeoff and landing as well as the 

duration of the flight. 14 C.F.R. 91.119: Minimum Safe Altitudes. My UAS will not operate 

at an altitude greater than 400 feet AGL unless other altitude limits are forthcoming by the 

FAA. The petitioner will operate the UAS in a manner protecting the public and any