April 17, 2015 

 Exemption No. 11361 

 Regulatory Docket No. FAA–2015–0111 

Mr. Michael J. Gearin 

President 

Photo-Flight Aerial Media 

25 Mountain Street 

Vernon, CT 06066 

Dear Mr. Gearin: 

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. 

The Basis for Our Decision 

By letter dated January 13, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Photo-Flight Aerial Media (hereinafter petitioner or operator) for an exemption. 

The exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct aerial photography, virtual tours, and professional real estate photographic services. 

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 Phantom 2 Vision Plus. 
2 

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 

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, Photo-Flight Aerial Media 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. 
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Conditions and Limitations 

In this grant of exemption, Photo-Flight Aerial Media 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. 

1. Operations authorized by this grant of exemption are limited to the Phantom 2 Vision 

Plus 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. 
4 

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 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 
5 

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, 

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 five 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 
6 

(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. 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. 
7 

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 

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 April, 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 
To: Docket Operations M-30 

U.S. Department of Transportation 

1200 New Jersey Avenue,SE 

Room W12-140 

West Building Ground Floor 

Washington, DC 20590-0001 

From: Michael J. Gearin 

25 Mountain Street 

Vernon, CT 06029 

(860) 202-2072 

mgearin@pmis.us 

Re: Petition of Photoflight Aerial Media for Exemption Pursuant to Section 333 of 

The FAA Reform Act 

Date: January 13, 2015 

To whom it may concern: 

Our company, Photo-Flight Aerial Media is requesting a TEMPORARY exemption from the regulations 

referred to below until the FAA addresses and possibly redefines the use and regulations for sUAV 

commercial operations. 

I, Michael J. Gearin, president of Photo-Flight Aerial Media, have been a licensed pilot for over 25 years 

with numerous hours of experience and my associate ( Gerald E. Weiner dba Photo-Flight Photographic 

Services,LLC) has been exclusively serving the Real Estate Community for over 37 years providing 

traditional Aerial photography, Panoramic virtual tours, Video Slide Shows and professional Quality 

Interior and Exterior photography. He has been an authorized photographic service for the Connecticut 

Association of REALTORS® (CTMLS) from its conception. Another associate , Douglas Grant,is an owner 

of a Medical Supply company and is a service disabled USAF veteran. 

We have considerable credibility as a company within our community and hope that we can show the 

FAA that we will provide a professional, safe and exemplary sUAV photographic service for the Real 

Estate and associated communities. We are well aware of the Safety and Privacy Concerns along with 

other regulations of the FAA and will address these issues with our exemption request. 

I. Exemption Request : 

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

Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, 

the following regulations: 

14 C.F.R. Part 21; 

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

14 C.F.R. 61.113(a) & (b); 

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

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

14 C.F.R. 91.103; 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

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

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

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

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

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

14 C.F.R. 91.417(a 
II Description of Proposed Operations 

We believe the conditions of operation that we propose and stated below will be sufficient to promote 

the highest level of safety and privacy for the general public and will be at least equivalent if not greater 

than present FAA regulations. 

a. Flights will be operated in Class G airspace and will not exceed 300 feet from AGL 

b. UAS will weigh less than 7 Ibs. including Payload 

c. Permission, including Liability and Release forms will be signed by property owner or designated 

pa rty 

d. Sign posted in front of property noting that sUAV is presently in use 

e. UAV will only fly within the designated property zone 

f. Flights will be limited to non-urban properties and non-traffic areas 

g. Flights will always be within the daylight hours 

h. We will be using a Flytrex "blackbox" which will log and maintain info of all flights. 

i. Failsafe system for automatic return to home will always be enabled 

j. AII flights will involve a visual observer and pilot and will always be communicating with each 

other 

k. Certain situations may require permits or permission which we will certainly comply. Permits 

will be obtained from town, state, county or city jurisdictions when required , local law 

enforcement will be notified on each occasion 

I. AII flights will be operated within line of sight (VLOS) 

m. Lithium-lon Batteries will be kept in ammunition cases when not in use and replaced BEFORE 

recommended number of recharges. 

n. Flights will be a minimum of 3 miles from Airport Runways 

o. We will adhere to motor specifications and running hours and replace motors accordingly 

p. Our PIC at this time will be an approved FAA licensed pilot with a third class medical certificate 

until future regulations reduce the requirement to certify the PIC 

q. PIC will file NOTAM whenever applicable 

r. A$1,000,000 liability insurance will be active 

Photo-Flight Aerial Media will be an integral part of the Real Estate community to which our associate 

(Gerald Weiner) has been serving for over 38 years (since 1976) being very reputable and credible. We 

offer the FAA our assurance that we would be most diligent in our efforts to maintain the best possible 

manner in which we conduct our business to assist Homeowners and REALTORS °, keeping privacy and 

safety as our top priority. Our brand credibility depends upon this. 

We have refrained from requests for our potential services because of FAA regulations not favoring 

such. We are hoping that the FAA will consider Photo-Flight Aerial Media as a good candidate to exempt 

the requested regulations and allow us to proceed with our proposed service. 

We are aware that there will be many less qualified and irresponsible individuals getting into this 

market; however, we are certain that most will not wait for "new" updated FAA regulations nor apply 

for FAA regulation exemption and will proceed unlawfully. Photo-Flight Aerial Media supports 

responsible use and education programs adhering to FAA present and future regulations. We do believe 

there should be restrictions and certification and look forward to FAA response to this matter. 
We have addressed the FAA to obtain guidelines by securing an interview and conference at the Bradley 

Field Airport FAA office Windsor Locks, CT and had a very meaningful and informative discussion with 

sUAV specialist John Klawin (FSDO) and Richard Rozanski (FAA Aviation Inspector). They in turn 

supported our interest in filing for an exemption and they saw no reason not to. And suggested the 

manner in which we should file. 

III THE EXTENT OF RELIEF WE SEEK AND THE REASON WE SEEK THE RELIEF 

The FAA understands the necessity of integrating sUAV aviation into the NAS and has developed a 

roadmap to pursue this objective and to do so in a safe and efficient manner. We are seeking relief of 

the stated regulations because we believe we can and will (as stated above) adhere to the primary 

concerns of the FAA to operate in a safe and controlled manner without "reducing existing capacity, 

decreasing safety, impacting current operators, or placing other airspace users or persons and property 

on the ground at increased risk." 

Without risking redundancy, we refer to all the precautions stated above and believe our professional 

services can and will have a positive impact to the Real-Estate and Commercial industry and will 

therefore benefit the community as a whole.. The equipment that we will be using (Phantom 2 Vision 

Plus ) is relatively small and light weight and is very unlikely to be a danger when used in the manner in 

which we propose. It will also be piloted by an FAA licensed pilot. 

We therefore respectively request relief from the following regulations (summarized above and 

expanded below)) 

14 C.F.R Part 21 Certification Procedures for Product and Parts, Airworthiness Certificates 

According to 49 U.S. Code § 44701 section (f) the FAA administrator is authorized to exempt aircraft 

(sUAVJ from the airworthiness certificate requirement in consideration of its size, weight, speed, and 

from this regulation.operational capability.. The design and nature of our Dll Phantom 2 plus sUAV 

should fall within this description (per the description in our appendix) and therefore we respectful/y 

request an exemption 

14 C.F.R. 45.23 (b) Display of Marks: General 

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital 

letter "N" (denoting United States registration) followed by the registration number of the 

aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. 

The size of the sUAV in use (DJI Phantom 2 Vision plus) does not al/ow for the designated size of the 

registration numbers that are referred to in this regulation; however, we wou/d certain/y adhere to 

adding registration numbers to the sUAV in an appropriate manner (largest possible characters). 1 do not 

believe at this time, registration numbers will be issued and this regulation may not be applicable. 

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

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private 

pilot certificate may act as 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. 

l, Michael Gearin, holder of a FAA license for Private Aircraft am requesting an exemption regarding the 

limitations of compensation for hire since Photo-Flight Aerial Media will be charging a fee to contract 

with Realtors,construction companies, architects and the like to provide the proposed aerial 

photographic service. Keeping in mind that there are no passengers involved with a sUAV and that the 

photography is on/y incidenta/ part of marketing a property we are requesting an exemption from this 

regu/ation and perhaps the FAA administrator may see this is an inapplicable regulation. 

We believe it wil/ be favorable and in the best interest for the FAA to endorse and support (via its ability 

to exempt specific regu/ations) to a credib/e, competent and professional photographic service to provide 

such services rather than having hundreds or thousands of individual Realtors and the like to purchase 

and to operate similar and or /esser quality sUAV resu/ting in greater chances of negative incidences and 

unauthorized flights. 

14 C.F.R. 91.7 CIVIL AIRCRAFT WORTHINESS 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in 

condition for safe flight. The pilot in command shall discontinue the flight when unairworthy 

mechanical, electrical, or structural conditions occur. 

At this time there is no FAA regulatory standard to determine airworthiness; however, we will make all 

attempts to insure safety and to reduce any possibility of a negative incident by performing several preflight operations including but not limited to GPS Homelock, Battery power check, Up-to Date Software 

Interface, Balancing Propeller Blades, Compass Calibration. 

C.F.R.91.9(b)(2) Civil Aircraft Flight Manual, marking and placard requirements 

(b) No person may operate a U.S.-registered civil aircraft— 

(1)For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter unless there 

is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual 

provided for in § 121.141(b); and 

(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. 

(c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance 

with part 45 of this chapter. 
Considering the size of our DJI Phantom 2 Vision Plus it is impossible to have a flight manual aboard and 

we consider this regulation inapplicable; However, of course, we will have the owner's manual available 

on sight at all flights if so required and even if not. 

C.F.R. 91.103 Pre-Flight Action 

Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight. This information must include— 

(a)For a flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any 

known traffic delays of which the pilot in command has been advised by ATC; 

(b)For any flight, runway lengths at airports of intended use, and the following takeoff and 

landing distance information: 

(1)For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing 

takeoff and landing distance data is required, the takeoff and landing distance data contained therein; 

and 

(2)For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable 

information appropriate to the aircraft, relating to aircraft performance under expected values of 

airport elevation and runway slope, aircraft gross weight, and wind and temperature. 

Since there is no available pre flight manua/ to refer to, we will utilize our pre flight itinerary as discussed 

in a previous paragraph, stating that we will make all attempts to insure safety and to reduce any 

possibility of a negative incident by performing severa/ pre flight operations including but not limited to 

6PS Homelock, Battery power check, Up-to Date Software Interface, Balancing Propeller Blades, 

Compass Calibration. 

C.F.R. 91.109(a) Flight Instruction; Simulated Instrument flight and certain flight tests 

(a) 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. However, instrument flight 

instruction may be given in an airplane that is equipped with a single, functioning throwover control 

wheel that controls the elevator and ailerons, in place of fixed, dual controls, when— 

(1)The instructor has determined that the flight can be conducted safely; and 

(2)The person manipulating the controls has at least a private pilot certificate with appropriate 

category and class ratings. 

Because of the nature of sUAV, it is not possib/e to secure dual controls; however, since the DJI Phantom 

does have a homelock if loss of control occurs, the unit will return to starting point safely. When battery 
power is low, the DJI Phantom will also return to home base. We believe this regulatlon may be 

inapplicab/e. 

C.F.R. 91.119 Minimum Safe Altitudes 

Except when necessary for takeoff or landing, no person may operate an aircraft below the following 

altitudes: 

(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-contro/ 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. 

It is in the best interest of the public that maximum a/titudes are the relevant factor and not minimum 

a/titudes. We are seeking to cap our altitude to 300 feet AGL since we deem that altitude is satisfactory 

to obtain the necessary property information for most properties in our geographical area. Emergency 

situations of a sUAV is unlike fixed wing aircraft or helicopters and we do not believe that these 

regulations are applicable to our request. A/l our flights will be pre-planned, land or property owners 

notified as well as any local police .Al/ non-participants will be required to maintain a distance of 500 feet 

at all times. 

C.F.R. 91.151(a) Fuel requirements for flight in VFR conditions. 

(a) 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; or 

(2) At night, to fly after that for at least 45 minutes. 

All flights will be performed in good visible conditions since quality photography depends upon favorable 

lighting, visibility and wind conditions. Because of the light weight nature of the DJI Phantom2 Vision 

Plus it is essential even with the use of a gimbal to fly fn favorable conditions. The Batteries in use have 

approximately 15 minutes of battery life but deem it necessary to assure safety to replace battery after 
10 minutes of flight time (approx. 30% remaining). Most photographic projects will be completed within 

20 to 30 minutes and we wil! have FOUR Lithium batteries on hand. 

C.F.R. 91.203 (a) &(b) Civil aircraft: Certifications required. 

(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. Each U.S. airworthiness certificate used to 

comply with this subparagraph (except a special flight permit, a copy of the applicable operations 

specifications issued under § 21.197 c of this chapter, appropriate sections of the air carrier manual 

required by parts 121 and 135 of this chapter containing that portion of the operations specifications 

issued under § 21.197 c or an authorization under § 91.611) must have on it the registration number 

assigned to the aircraft under part 47 of this chapter . However, the airworthiness certificate need not 

have on it an assigned special identification number before 10 days after that number is first affixed 

to the aircraft. A revised airworthiness certificate having on it an assigned special identification 

number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight 

Standards district office. 

(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 or a 

registration certification issued under the laws of a foreign country. 

(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. 

It is not practical or possible for a lightweight sUAV to carry certification and registration papers. There is 

no physical cockpit to display such documents and we therefore see that this is inapplicable; however, we 

deem it necessary to have our business identification and tax registration as well as any exemption that 

we hope to receive from the FAA available at any flight location that we are actively engaged. 

C.F.R. 91.405 (a) Maintenance Required 

Each owner or operator of an aircraft— 

(a) 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 ; 

We deem it necessary to be exempt from this regulation since we be(ieve this to be inapplicable to a 

sUAV since there is no certificate of airworthiness to which this regulation refers; however it would be in 

our best interest to maintain and repair any defects that may jeopardize a safe and successful flight. All 

repairs will be conducted by qualified personnel and according to manufacturer's recommendations. 
C.F.R. 91.407 (a) (1) Operation after Maintenance,Preventative Maintenance,Rebuilding,or 

Alteration 

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, (1) 

It has been approved for return to service by a person authorized under § 43.7 of this chapter 

We contest that presently there are no certified or authorized individuals that can "sign-off" on repairs 

made to the DJI Phantom 2 Vision Plus and a/l repairs wou/d have to be done with in-house or local 

knowledgeable technicians. The statistical chance of a serious mishap is quite minimal using our 

proposed operational procedures stated above We know that maintaining our sUAV with highest priority 

is the most va/uable way to insure successful operation and productive flights. 

C.F.R.91409(a)(2) Inspections 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had— 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter. 

As previously stated above, we deem it necessary to be exempt from this regulation since we believe this 

to be inapplicable to a sUAV since there is no certificate of airworthiness to which this regulation refers; 

however it would be in our best interest to maintain and repair any defects that may jeopardize a safe 

and successful flight. All repairs will be conducted by qualified personnel and according to 

manufacturer's recommendations 

14 C.F.R. 91.417(a) Maintenance Records 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, 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. 
(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. 

I Michael J. Gearin, licensed pilot, understand the need for a high degree of inspection with fixed wing 

aircraft and helicopters which were usually the AV of choice for our industry prior to the introduction of 

maneuverab/e, GPS controlled sUAV. The comprehensive nature of the above regulation is highly 

inapplicable to the very small, light aircraft associated with a sUAV. It is in our best interest to maintain a 

high degree of maintenance to insure high quality photography and to perform our photographic 

projects in a safe and efficient manner. The success of our company and emerging industry will depend 

upon se/f-policing until FAA regu/ations meet the specific maintenance requirements of sUav. 

IV Public Benefits and Safety Concerns 

Per our many statements in previous sections, and to avoid excessive redundanc , I, Michael J Gearin, 

the petitioner, offer the following reasons why the exemption would not adversely affect safety any 

greater than the existing level of safety required by other aircraft. 

1. The physical characteristic of the DJI Phantom2 Vision Plus is very light weight even with 

payload and will not exceed 7 pounds. AII flights will be pre-planned. Maintenance and 

equipment checks will be strictly followed and will only be flown during favorable weather and 

daylight conditions. We refer you to all our operational procedures stated in Section II of this 

petition. 

2. Since there is no organic fuel used to propel our sUAV there is little or no chance of explosion upon 

impact and there are no harmful emissions. Since the cost of operating a sUAV is far less costly than 

operating a fixed wing aircraft and helicopter, it affords the entrance of lower priced properties and 

their owners the benefits of aerial photography for marketing strategies. 

By allowing companies specializing in sUAV photography to operate will reduce the need for 

thousands of Realtors and other potential users to purchase and enter the NAS, unauthorized 

and inexperienced. Services such as ours should decrease the need for many others to purchase 

sUAV and become a serious nuisance and potential hazard to the general public. 

4. Finally, we believe that our approach is what Congress had in mind when it passed Section 

333(a) through (c) of the Reform Act, namely, the FAA Administrator's assessment of whether 

certain UAS may operate safely in the National Airspace System before completion of the 

rulemaking required under Section 332 of the Reform Act. 

V. Summary 

Our intention is to provide an authorized and safe UAV aerial photography service to complement our 

existing services. ( www.photoflight.com ), assisting Realtors, homeowners and other property owners to 

market and/or sell their properties, which in turn stimulate the local economy and can indirectly, benefit 

an entire community. Traditional Aerial photography tends to be considerably more expensive and 
usually limited to much higher priced properties. Many Aerial photographers hang out an opened 

window with their cameras and although neck straps would be essential equipment not everyone uses 

them and there is always a risk of a falling object when a window is up. One might consider the fuel used 

is not ecofriendly. Since there is no fuel on a sUAV, there can be no emissions. In addition, there is much 

less risk using a sUAV for low flying aerial photography than a fixed wing aircraft or Helicopter. Our 

present equipment in use is the lightweight DJI Phantom 2 Plus Quadcopter (detail description and specs 

attached) equipped with a Flytrex Data/log Box (manual attached) We have well over three years of 

sUAV flight experience. I, Michael Gearin, (PIC) am a certified licensed small aircraft pilot with many 

hours of experience who will always be accompanied by an experienced ground observer 

VI. Conclusion 

In conclusion we refer you to all the arguments and safety precautions stated above and sincerely hope 

that the FAA administrator sees our organization as a credible and qualified entity to allow us to pursue 

an expansion of our already existing Aerial , Virtual Tour and professional Real estate Photographic 

service. Although Photo-Flight Aerial Media is a fledgling company it has evolved from 37 Years of 

experience within our industry. Testimonials and recommendations are available on request. Thank you 

for your consideration and we look forward to the FAA reply. 

Very truly yours, 

Michael J Gearin 

President/ Photo-Flight Aerial Media 

25 Mountain Street 

Vernon, CT 06066