Fafinski Mark & 

~ Johnson 

February 4, 2016 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Fafinski Mark & Johnson, P.A. 

Attorneys At Law 

Flagship Corporate Center 

775 Prairie Center Drive, Suite 400, Eden Prairie, MN 55344 

Telephone: 952.995.9500 Facsimil e: 952.995.9577 Website: www.Fmjlaw.com 

RE: Exemption Request- Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 C.F.R Part 21, 14 C.F.R. 45.23(b); 45.29; 61.23(a) and 

(c); 61.101(e)(4) and (5); 61.113(a) & (b); 61.315(a); 91.7(a); 91.9(b)(2); 91.103(b); 

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

(a)(1) & (2); 91.417(a) & (b). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012, Pub. L. No. 112-95, 

126 Stat. 11 (amending 49 U.S.C.) (hereinafter, the "Reform Act") and 14 C.F.R. Part 11, Token 

Media LLC (referred to herein as "Applicant"), operator of small unmanned aircraft systems 

(singularly a "sUAS" or cumulatively "sUASs") equipped to conduct professional aerial data 

collection, including but not limited to aerial photography, videography, aerial inspections, 

surveying and mapping and agricultural inspections, aerial surveillance for firefighting, technical 

rescue and search and rescue operations and aerial data collection, hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its sUASs, 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 of the Reform 

Act. 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned sUAS under controlled conditions in airspace that (i) is limited, (ii) is predetermined, 

(iii) is controlled as to access, and (iv) would provide safety enhancements to the already safe 

operations in the aerial data collection industries, including but not limited to aerial photography, 

videography, aerial inspections, surveying and mapping and agricultural inspections industries 

presently using conventional aircraft. Approval of this exemption would thereby enhance safety 

and fulfill the Secretary of Transportation's responsibilities to " ... establish requirements for the 

safe operation of such aircraft systems in the national airspace system." Reform Act § 3 3 3 (c). 

The name and address of the applicant is: 

Token Media LLC 

Attention: George Heck 

211 17th Ave. N. 

Minneapolis, MN 55411 

Telephone: (612) 588-7009 

Email: george@token.com 
The Applicant hereby requests exemption from the following F ARs: 

14 CFR Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 45.29 

14 C.F.R. 61.23 (a) and (c) 

14 C.F.R. 101 (e) (4) and (5) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 61.315 (a) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (1) & (2) 

14 CFR417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems ("UAS") may operate safely in the national 

airspace system ("NAS") before completion ofthe rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary of Transportation is required to 

determine which types of unmanned aircraft systems do not create a hazard to users of the NAS 

or the public or pose a threat to national security in light of (i) the UAS's size, weight, speed, and 

operational capability, (ii) operation of the UAS in close proximity to airports and populated 

areas, and (iii) operation of the UAS within visual line of sight of the operator. !d. § 333 (b) (1 ). 

Lastly, if the Secretary of Transportation determines that such vehicles "may operate safely in 

the national airspace system, the Secretary of Transportation shall establish requirements for the 

safe operation of such aircraft in the national airspace system." !d. § 333 (c) (underline added). 1 

The Federal Aviation Act, 49 U.S.C. (the "Act") expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting "civil aircraft," as the term 

is defined under §40102 of the Act that includes sUASs from the requirement that all civil 

aircraft must have a current airworthiness certificate. 

The FAA Administrator may grant an exemption from a requirement of a regulation prescribed 

under the Act if the Administrator finds the exemption in the public interest. 49 U.S.C. § 44 701 

(f). See also 49 USC§ 44711 (a); 49 USC§ 44704; 14 CFR § 91.203 (a) (1). 

1 The Applicant interprets this provision to place the duty on the Administrator to not only process applications for 

exemptions under Section 333 of the Reform Act, but for the Administrator to craft conditions for the safe operation 

of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for 

approval. 
The requested exemption would allow Applicant to operate the following aircraft: 

• Inspire 1 aircraft manufactured by DJI 

Applicant's sUASs are rotorcraft, weighing 55 or fewer lbs. including payload. They will 

operate, under normal conditions, at a speed of no more than 50 knots. They will operate only in 

line of sight and will operate only within the airspace above property owned, leased, or otherwise 

controlled by Applicant or its customers with permission from said customers prior to any 

operation of sUAS as described in the Safety Checklist, attached as Exhibit A (hereinafter, the 

Safety Checklist"). 2 Such operations will ensure that the sUASs will, "not create a hazard to 

users of the national airspace system or the public." Reform Act§ 333 (b). 

Given the small size of the sUASs involved and the proposed diligence for safety of people 

involved with the operation as well as any bystanders, the Applicant falls squarely within that 

zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, 

by exemption, allow commercial operations ofUASs to commence immediately. Also due to the 

size of the sUASs, approval of the application presents no national security issue. Given the 

clear direction in Section 3 3 3 of the Reform Act, the authority contained in the Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations, and the significant 

public benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UAS for aerial data collection activities as opposed to full 

scale aircraft, the grant of the requested exemption is in the public interest. Accordingly, the 

Applicant respectfully requests that the FAA grant the requested exemption without delay. 

The Applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

aerial data collection operations conducted with conventional aircraft. 

These limitations and conditions to which Applicant agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. Each sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of the PIC. 

3. Maximum total flight time for each operational flight will be determinate on battery 

capacity. Flights will be terminated at 20% battery power reserve. 

4. Flights will be operated at an altitude of no more than 400 feet AGL unless prior approval 

from Air Traffic Control is authorized and a Notice to Airmen (NOTAM) is filed and 

published. 

2 Applicant submits this Safety Checklist as a confidential document under 14 C.F.R. 11.35 (b) as the entire 

safety checklist contains proprietary information that the Applicant has not and will not share with others. 

The safety checklist contains operating conditions and procedures that are not available to the public and are 

protected from release under the Freedom of Information Act, 5 U.S.C. 552 et seq. 
5. Minimum crew for each operation will consist of the sUAS pilot and a visual observer 

unless the FAA promulgates rules which provide for operations not requiring a visual 

observer, in such event, the operations will abide by at least the FAA minimum 

requirements. 

6. The sUAS pilot will be an FAA licensed airman with at least a sport or recreational 

pilot's certificate and valid driver's license or in the event the FAA promulgates rules 

which provide for a lesser standard, the s U AS pilot will comply with such standard. 

7. The sUAS pilot will be Pilot in Command ("PIC"). If a pilot certificate holder other than 

the sUAS pilot, who possesses the necessary PIC qualifications, is also present during 

operations that person can also be designated as PIC. 

8. A briefing between the sUAS pilot and any observer (if applicable) will be conducted in 

regard to the planned sUAS operations prior to each day's operations. 

9. The Applicant will file a FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate Flight Standards District Office ("FSDO"). 

10. The sUAS pilot and observer (if applicable) will have been trained in operation of sUASs 

generally and received up-to-date information on the particular sUAS to be operated as 

required in Safety Checklist. 

11. The sUAS pilot and observer (if applicable) will at all times be able to communicate by 

voice and/or text. 

12. 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. 

13. If the sUASs lose communications or lose their GPS signal, the sUASs will have 

capability to return to and land at a pre-determined and pre-programmed location. 

14. The sUASs will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

I. 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 ofthe Reform Act. Section 44701 (f) ofthe Act 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 sUAS. In all cases, an analysis of these criteria 

demonstrates that the sUASs operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed herein 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 sUASs to be operated hereunder are 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 area as set out in the Safety Checklist. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by the Applicant pursuant to the 

Safety Checklist's requirements, and under the requirements and in compliance with local 

public safety requirements, to provide security for the areas of operations as is now done with 

conventional aerial data collection activities. 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 ofthese same criteria demonstrates that 

there is no credible threat to national security posed by the sUAS, 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. 

II. 14 C.F.R. § 45.23 (b) and 45.29. Marking of the Aircraft 

These 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 sUASs will have no airworthiness certificate, an exemption may be needed as the 

sUASs will have no entrance to the cabin, cockpit or pilot station on which the words, "limited," 

"restricted," "light-sport," "experimental," or "provisional," can be placed. 

However, the Applicant shall also ensure its sUASs are registered with the FAA and that the 

nationality marks relating to such sUASs are marked on the sUASs in a visible manner. Given 

the size of the sUASs, two-inch lettering may be impossible. The relevant N markings will be 

placed in the most visible location on the sUASs possible. 

The equivalent level of safety will be provided by having each sUAS marked in the visible 

location where the sUAS pilot, observer and others working with the sUAS will see the 

identification of the UAS. This is confirmed as acceptable by the recent promulgation by the 

FAA of the UAS registration system, which sets forth FAA approved UAS marking 

requirements 

III. 14 C.F.R. § 61.23 (a) and (c), 61.101 (e) (4) and (5), 61.113 (a) & (b), 61.315 (a): 

Sport and Recreational I Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61.23 (a) & (c) set forth requirements for medical certification for pilots including 

recreational pilots to hold at a minimum a third class medical certificate. Section 61.101 (e) ( 4) 

& (5) limit recreational pilots to non-commercial operations. Sections 61.113 (a) & (b) limit 

private pilots to non-commercial operations. Section 61.315 (a) limits sport pilots to noncommercial operations. Because the sUASs will not carry a pilot or passengers, the proposed 

operations can achieve the equivalent level of safety of current operations by requiring the PICs 

operating the sUASs to have a sport or recreational pilot's license rather than a commercial 

pilot's license to operate this sUASs. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUASs are remotely-controlled with no living thing on board. The area of 
operation is controlled and restricted, and all flights are planned and coordinated in advance as 

set forth in the Safety Checklist. The level of safety provided by the requirements included in 

the Safety Checklist exceeds that provided by a single individual holding a commercial pilot's 

certificate operating a conventional aircraft. The FAA has routinely issued exemptions allowing 

for the holder of a minimum of a sport or recreational license along with a valid state issued 

driver's license to operate UAS as requested herein. The risks associated with the operation of 

the sUASs are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of the sUASs as requested with a 

sport or recreational pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. 

§61.23 (a) & (c), 61.101 (e) (4) and (5), 61.113 (a) & (b) and 61.315 (a). 

IV. 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 and the requirements contained in the Safety Checklist for 

maintenance and use of the Safety Checklist prior to each flight, an equivalent level of safety 

will be provided. 

V. 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 sUASs, given their size and configuration have 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 sUASs. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point to which the sUASs pilots flying the sUASs will have immediate access. The FAA 

has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

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

VI. 14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to ensure the 

safety of flight. As FAA-approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. An equivalent level of safety will be provided as set forth in the 

Safety Checklist. The PIC will take all actions including reviewing weather, flight battery 

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

flight. 

VII. 14 C.F.R. § 91.109: Flight instruction 
Section 91.109 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. 

sUASs 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. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is 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. 

VIII. 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, powered parachutes and weight-shift-control aircraft to be operated at less 

than the minimums prescribed because their low speed and responsive controls allow 

operations to be conducted, "without hazard to persons or property on the surface ... ".As 

sUAS possess similar flight and control characteristics, and as the exemption requests authority 

to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. 

As set forth herein, except for the limited conditions stated in the Safety Checklist, the sUASs 

will never operate at higher than 400 AGL. It will however be operated in a restricted area, 

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 sUASs as 

well as the locations where they are 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, all 

affected individuals will be aware of the planned flight operations as set forth in the Safety 

Checklist. 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 the aerial data collection industries, including aerial photography, 

videography, aerial inspections, surveying and mapping and agricultural inspections industries. 

In addition, the low-altitude operations of the sUASs will ensure separation between these 

sUAS operations and the operations of conventional aircraft that must comply with Section 

91.119. 

IX. 14 C.F.R. § 91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain crmsmg 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 sUASs 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 Checklist, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

X. 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 current battery technology powering sUASs is much more limited than that of combustion 

powered flight. As such, the Applicant's sUASs cannot presently and likely may never meet the 

reserve requirement in 14 CFR § 91.151. 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 VFR conditions is reasonable. As no night flight will occur, that portion is 

inapplicable. 

Applicant believes that an exemption from 14 CFR § 91.151 (a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the sUASs in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be allowed, 

with less than 3 0 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.151 

(a) was intended to alleviate given the size, speed and limited operating area of the sUASs. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights based on 

expected battery life. Operations may be conducted until 5 minutes of battery power remains. 

This remaining battery life would be more than adequate to return the sUASs to their planned 

landing zone from anywhere in its limited operating area. In the event that UAS added to this 

exemption in the future require more than 5 minutes of battery power to return to the landing 

zone, Applicant will cease operations at 20% of remaining battery life to allow for the return 

flight. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

XI. 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 sUASs fully loaded weigh no more than 55 lbs. and are 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 sUASs. 

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

point where the sUASs pilots flying the sUASs will have immediate access to them; to the extent 

they are applicable to the s UASs. The FAA has issued numerous exemptions to this regulation. 

A representative sample of other exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 
XII. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the sUASs as proposed to be operated by the Applicant. Maintenance 

will be accomplished by the Applicant pursuant to the flight manual and operating handbook as 

referenced in the Safety Checklist. An equivalent level of safety will be achieved because these 

sUASs are very limited in size and will carry a small payload and operate only in restricted areas 

for limited periods of time. If mechanical issues arise, the sUASs can land immediately and will 

be operating from no higher than 400 feet AGL. As provided for in the Safety Checklist, the 

Applicant will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the Applicant 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. 

SUMMARY 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R Part 21, 14 C.F.R. 45.23(b); 45.29; 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a) & 

(b); 61.315(a); 91.7(a); 91.9(b)(2); 91.103(b); 91.109; 91.119; 91.121; 91.15l(a); 91.203(a) & 

(b); 91.405(a); 91.407(a) (1); 91.409 (a)(l) & (2); 91.417(a) & (b) to operate commercially small 

unmanned aircraft systems (55 lbs. or less) in aerial data collection activities including but not 

limited to aerial photography, videography, aerial inspections, surveying and mapping and 

agricultural inspections operations. 

Approval of exemptions allowing commercial operations of sUASs in the aerial data collection 

industries, including aerial photography, videography, aerial inspections, surveying and mapping 

and agricultural inspections industries will enhance safety by reducing risk. Conventional aerial 

data collection activities, including aerial photography, videography, aerial inspections, 

surveying and mapping and agricultural inspections operations, using jet or piston power aircraft, 

operate at extremely low altitudes and in extreme proximity to people and structures; and present 

the risks associated with vehicles that weigh in the neighborhood of 4,000 lbs., carrying large 

amounts of jet A or other fuel. Such aircraft must fly to and from the aerial data collection 

locations. In contrast, a sUASs weighing fewer than 55 lbs. and powered by batteries eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. 

The sUASs are carried to aerial data collection locations and not flown. The sUASs will carry 
no passengers or crew and, therefore, cannot and will not expose them to the risks associated 

with manned aircraft flights. 

The operation of sUASs, weighing less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the Applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters or other manned aircraft operating in close proximity to the 

ground and people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act - 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 for the grant of the 

requested exemptions allowing commercial operation of Applicant's sUASs in the aerial data 

collection industries pursuant to the Safety Checklist appended hereto. 

On behalf of the Applicant, 

FAFINSKI MARK & JOHNSON, P.A. 

Garrett 

~Cr4 B. Caffee, Esq.