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David C. Turnbull

“Turnbull AVP Productions”

409 West Craighill Channel Drive

Perryville, MD 21903

dasina@msn.com

December 16, 2015

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 

CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.105; 14 

CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, “David C. 

Turnbull”, operator and PIC of Unmanned Aircraft Systems (UAS), hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of his UAS, 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. Request to use UAS for aerial data 

collection. The enhanced safety achieved using an unmanned aircraft in addition to the limitations described in Section 333 of the 

FAA Modernization and Reform Act of 2012 and carrying no passengers or crew, rather than a manned aircraft of significantly 

greater proportions, carrying crew in addition to flammable fuel should give the FAA good cause to find that the UAS operation 

enabled by this exemption should be in the public interest.

Commercial operation of UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the 

following manner:

 Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, 

engineering and other related professional activities.

 Aerial video and/or photography for public and/or private use including television, public events, cinematography and 

news gathering.

 Aerial inspection/photography of residential/commercial structures under contract with the owners or local government 

authority.

 Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power 

lines, wind turbines and cell towers.

 Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency 

or natural disaster only when the local authorities or government has requested it by contract or donation.

 The ability to offer training to persons individually or belonging to both private and/or public organizations that have 

interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the 

National Airspace System (NAS) as well as for the protection of the persons and property.

 The ability to provide test flight operations and equipment reviews, evaluations and statistics regarding performance, 

handling and safety concerns relating to new and existing commercially available UAS from several manufactures and 

multiple models that are in compliance with Section 333 of the FAA Modernization and Reform Act of 2012.

As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS 

that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of 

such aircraft systems in the national airspace system.”
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AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operational limitations proposed will provide for an equivalent or higher level of safety because operations will further

enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions, to which the applicant agrees to adhere to when conducting commercial operations under the 

FAA issued exemption as set forth in the Flight Operations Manual (FOM), include:

 The UAS will weigh less than 55 lbs. 

 The UAS will have a maximum operating speed of no more than 100mph.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power reserve 

or 20 minutes of flight time whichever occurs first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) or not more than 200 feet above 

an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot and the Visual Observer (VO).

 The UAS pilot will be the designated Pilot in Command (PIC) and will take and pass all applicable certifications currently 

being approved by the FAA.

 A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of all the days’ 

production activities.

 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or 

uncontrolled airport, the respective airports will be contacted advising them of the estimated flight time, flight duration, 

elevation of flight and other pertinent information.

 The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only 

consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet 

based upon an equivalent level of safety determination, as required under the FOM. With the advanced permission of 

the FSDO, operations at closer range may be approved.

 The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the particular UAS to be 

operated.

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

 Written and/or verbal permission and permits will be obtained, as applicable, from territorial, state, county or city

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

 If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return 

to a pre-determined location within a designated location and land autonomously.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

I, David C. Turnbull as the operator and PIC will operate the DJI Inspire 1, DJI Phantom 3, DJI Phantom 2 Vision +, 3DR Solo, Syma 

X8G and JJRC V686. (The DJI Phantom 3, DJI Phantom 2 Vision +, 3DR Solo, Syma X8G and JJRC V686, are all smaller, lighter, and 

do not use any equipment or technology greater than what is on board the DJI Inspire 1. All of the UAV’s listed are quadcopters.

The applicant will operate all of above listed UAS in line of sight within a closed off and predetermined area owned and/operated 

by the property representative. Furthermore, the ability to provide test flight operations and equipment reviews relating to new 

and existing commercially available UAS that are in compliance with Section 333 of the FAA Modernization and Reform Act of 

2012”, would allow for the operation of UAS from several manufactures and multiple models that would be in compliance with 

Section 333 of the FAA Modernization and Reform Act of 2012.

Given the small size of the UAS and the controlled environment provided, the proposed operations will adhere to the Reform Act’s 

safety requirements. The approval of this application presents no national security issues. Regarding the level of safety 

surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to 

reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests 

that the FAA grant the requested exemption with minimum delay.
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Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.105

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized 

by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these 

criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs., fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart 

H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load.

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

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

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 

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

Even though the UAS will have no airworthiness certificate, an exemption will be needed as the UAS will have no entrance to the 

cabin, cockpit or pilot station on which the word “Experimental” can be placed.

Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, 

observer and others working with the UAS will see the identification of the UAS as “Experimental.”
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14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), 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. 

An equivalent level of safety can be achieved by current Regulations because the applicant’s UAS do not carry any pilots or 

passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation of the UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no 

airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to each flight, an 

equivalent level of safety will be provided.

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

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

Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and 

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

because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate

access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved 

rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in 

the manufacturer FOM in the pre-flight inspection section, including but not limited to reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.105: Flight crew members at stations

Exemption may be required, the PIC may not leave his station nor shall VO leave his station. In event that PIC or VO become 

incapacitated, UAS is to automatically return to designated landing area, as outlined in FOM.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have 

fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft 

via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number 

of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot 

nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less 

than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in 

circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be 
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operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with 

security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. 

No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the 

lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional 

aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation between these 

UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set 

“...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not 

have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will 

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

site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “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; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve requirement 

in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s 

proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in 

daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a 

tightly controlled area where only people and property owners or official representatives who have signed waivers will be 

allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility 

for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 

20 minutes or 25% of battery power— whichever happens first. This restriction would be more than adequate to return the UAS 

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

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

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

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

special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to 

carry certification and registration documents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the 

UAS will have immediate access to them; to the extent they are applicable to the UAS.
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14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this 

part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

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

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

equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in 

restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be usually operating 

from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with 

the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS 

Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating 

flight and perform required maintenance needed.

Additional Information

As the applicant and primary pilot, I, David C. Turnbull have been involved in the piloting of remote controlled aircraft for more 

than 5 years. I have held a Private Pilot certificate (3797091) since 1995. I am a 13 year veteran of the 175th Maryland Air National 

Guard as an Aircraft Electrical Systems Technician and Combat Camera Specialist. I also have an in-depth understanding of the 

capabilities and safety concerns involved in using this technology as an asset to the community. Satisfaction of criteria provided in 

Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions 

allowing the commercial operation of the applicants UAS.

Sincerely, 

David C. Turnbull

David C. Turnbull

“Turnbull AVP Productions”

409 West Craighill Channel Drive

Perryville, MD 21903

dasina@msn.com