Eric Blandford

88 Industries, LLC 

PO Box 2359 

Griffin, GA 30224

(678)588-2185 

iraqveteran8888@gmail.com 

November 10, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC, 20590 

 

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

Federal Aviation Regulations from: 14 CFR subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) 

and(b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2) 

91.417(a) and (b). 

To whom it may concern: 

 

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

and 14 CFR Part 11, 88 Industries, LLC, operator(s) of an Unmanned Aircraft System (UAS), 

hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its 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. 

 

The names and address of the applicants are: 

Eric Blandford 

88 Industries, LLC 

PO Box 2359 

Griffin, GA 30224

(678)588-2185 

iraqveteran8888@gmail.com

Chad Sims 

88 Industries, LLC

PO Box 2359 

Griffin, GA 30224

(678)231-7236 

chad@iraqveteran8888.com

Regulations from which the exemption is requested: 
14 CFR subpart H 

14 CFR 45.23(b) 

14 CFR 61.113(a) and (b) 

14 CFR 91.103 

14 CFR 91.119(c) 

14 CFR 91.121; 91.151(a) 

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) 

 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) 

would operate in the following manner: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including 

but not limited to electrical power lines, wind turbines and cell towers. 

5. 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. 

6. 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. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

This exemption will cover the use of various UAS which will weigh less than 55 pounds including 

pay load and energy sources.

 

The operation limitations proposed 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 weighs less than 55 lbs. 

-The UAS has a maximum operating speed of no more than 50mph. 

-Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL). 

-A flight check list will be performed regarding the planned UAS operations prior to each flight. 

-All flights will occur under Visual Flight Rules. 

-A 2-man crew for each operation consists of a properly certified UAS Pilot in Command (PIC),

according to FAA regulations, and the Visual Observer (VO). 

-Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual Observer 

(VO). 

-The PIC and VO will be able to communicate by voice or radio at all times. 

-Maximum flight time for each operational flight is 15-20 minutes.

-The flights will occur no closer than a 5 mile radius of local airports. 

-If operations will be within a 5 mile radius of an airport, the control tower or operations manager 

of 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 file FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 

72hours but no less than 48 hours from planned operation. 

-We will always obtain verbal/written consent of all persons involved with the planned operation 

ensuring that only consenting persons will be allowed within 100 feet of our flight operation. This 

radius may be reduced to 30 feet based upon an equivalent level of safety determination.

-All required permissions and permits will be obtained from territorial, state, county, or city 

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

-If the UAS loses communications or loses its GPS signal, the UAS will have the capability to 

return to a predetermined location within the Security Perimeter and land.-The UAS will have the 

capability to abort a flight in case of unpredicted obstacles or emergencies. 

 

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 11and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 

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. The FAA will have advance notice of all 

operations. 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 may 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.” 

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. 

We may achieve an equivalent level of safety as 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 PIC of the UAS will have the proper certifications. 

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 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. §91.119: 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. 

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 500AGL. 

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 -5 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. Applicant believes 

that an equivalent level of safety can be achieved by limiting flights to 15 minutes or 75% 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 5 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. 

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 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. 

In conclusion, satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security) provide more than adequate justification to grant 

the requested exemptions. 

If you have any questions or need additional information, feel free to contact me at (678)588-2185 

or iraqveteran8888@gmail.com

Thank you, 

Eric Blandford