Elliot G Sanders

Tel 719-310-7146

Manlius, NY

Elliot.sanders2@gmail.com

Mar 7, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b);

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

Dear Sir or Madam:

I am writing this exemption request on my own behalf. I have no legal counsel. I am a military 

pilot in the New York Air National Guard who flies unmanned aircraft, and I hold a commercial, 

multi-engine instrument pilot’s certificate (#2735083). Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, I, Elliot Sanders

(the Application), is seeking permission to operate a small UAS (DJI Phantom 3 Advanced) for 

aerial imaging and videos, to include real estate photography, and events such as private 

parties, weddings, and amateur sporting events. 

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

small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is

1) limited 2) predetermined and 3) controlled as to access. Approval of this exemption would

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s)

responsibilities to “...establish requirements for the safe operation of such aircraft systems in

the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Elliot G Sanders

Ph: 719-310-7146

Email:elliot.sanders2@gmail.com

Address: 4434 Silkweed Circle, Manlius NY 13104

Regulations from which the exemption is requested:

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)

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 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 407 (a) (1)

14 C.F.R 409 (a) (2)

14 C.F.R 417 (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 may operate safely in the national airspace

system (NAS) before completion of the rulemaking required under Section 332 of the Reform

Act. In making this determination, the Secretary is required to determine which types of UASs

do not create a hazard to users of the NAS or the public or pose a threat to national security in

light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely

in the national airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft in the national airspace system.” Id. §333(c) .

The Federal Aviation 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 §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must

have a current airworthiness certificate.

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

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC

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

The sUAS that the applicant currently owns (See images and information in Appendix A)

are multi-rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal

conditions at a speed of no more than 50 knots and have the capability to hover, and move in

the vertical and horizontal plane simultaneously. They will operate only in line of sight and will

operate only within areas that have been deemed safe to fly by the PIC during pre-flight

planning.

The sUAS currently owned is manufactured by DJI (model Phantom 3 Advanced). DJI is

the leading manufacturer of multi-rotorcraft designed specifically for unmanned aerial

photography and videography. It has an abundance of safety features built in including ‘Return

To Home’ feature that allows the aircraft to return to its originating coordinates and land safely

on its own should the controlling radios signal be lost or interfered with.

See appendix A for more information on the manufacturer and safety data.

Along with the safety features built into the DJI Phantom, the Applicant will be the acting

PIC. The applicant is also a military instructor pilot in the MQ-9 Reaper (New York Air National 

Guard), is a rated commercial pilot, and has experience flying Radio Controlled airplanes and 

helicopters. As a military pilot with fifteen years of experience, the applicant understands the 

risks and dangers involved with flying aircraft near an airport and will make sure the sUASs are 

not flown within 5 miles of an airport. The DJI Phantom aircraft also has the most recent 

firmware update which has software in it that prevents the aircraft from being flown within 5 
miles of an existing airport. Such experience and safety precautions will insure that the sUAS 

will “not create a hazard to users of the national airspace system or the public.”

Given the small size of the sUASs involved and the restricted sterile environment within

which they will operate, 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 of UASs to commence immediately. Also due to the size of the UASs

and the restricted areas in which the relevant sUASs will operate, approval of the application

presents no national security issue. Given the clear direction in Section 333 of the Reform Act,

the authority contained in the Federal Aviation 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 UASs for aerial photographic operations, the grant of the requested exemptions is

in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the

requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

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 for

current Aerial photography services that use conventional, ‘full scale’, piston/jet driven aircraft.

These limitations and conditions to which Elliot Sanders, the applicant, agrees to be bound 

when conducting commercial operations under an FAA issued exemption include:

Reform Act Section 333 (b).

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights

will be terminated at 25% battery power reserve should that occur prior to the 30

minute limit.

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

5. Minimum crew for each operation will consist of the sUAS Pilot and a Visual

Observer.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s

certificate. The observer will hold at least a third class medical.

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

than the sUAS Pilot, who possess the necessary PIC qualifications, is also

present on location (i.e. the Aerial Coordinator), that person can also be

designated as PIC.

8. The UAS will only operate within a confined “Sterile Area” that has been

investigated and evaluated before flight operations.

9. The operator will obtain the consent of all persons involved in the filming and

ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and this radius may be reduced to 30 feet based upon an equivalent

level of safety determination.

10. Pilot and observer will have been trained in operation of UAS generally and

received up-to-date information on the particular UAS to be operated.

11. Observer and pilot will at all times be able to communicate by voice and/or

text.

12. Written and/or oral permission from the relevant property holders will be
obtained.

13. 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.

14. If the sUAS loses communications or loses its GPS signal, the UAS will have

capability to return to a pre-determined location within the Security Perimeter and

land.

15. The sUAS 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 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement

for an airworthiness certificate, upon consideration of the size, weight, speed, operational

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

analysis of these criteria demonstrates that the UAS operated without an airworthiness

certificate, in the restricted environment and under the conditions proposed will be at least as

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The sUAS 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 area as set out in the Manual. Unlike other civil aircraft, operations

under this exemption will be tightly controlled and monitored by both the operator, pursuant to

the Manual’s requirements, and under the requirements and in compliance with local public

safety requirements, to provide security for the area of operation as is now done with

conventional filming. 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 sUAV, 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 sUAV marked on its

fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV
will see the identification of the UAS as “Experimental.” The FAA has issued the following

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

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 DJI Owner’s Manual 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 sUAS, 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 sUAS will have immediate access to it. 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.

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. An equivalent level of safety will be provided as set forth in

DJI Phantom Owner’s manual along with the applicant’s 20+ years of experience flying radio

controlled aircraft without incident. The PIC will take all actions including reviewing weather,

flight battery requirements, landing and takeoff distances and aircraft performance data before

initiation of flight.

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

Section 91.103 provides that no person may operate a civil aircraft (except a manned

free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls.

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

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the

size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this
exemption is for a sUAS that is a helicopter and 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 Manual, the UAS will never operate at

higher than 400 AGL. It will however be operated in a restricted area with security perimeter,

where buildings and people will not be exposed to operations without their pre-obtained

consent. The sUASs are equipped with telemetry back to the operator. Telemetry includes

altitude, vertical and horizontal ground speed, direction and distance from operator.

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 used in

photography for Real Estate and Business. In addition, the low-altitude operations of the sUAS

will ensure separation between these small-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 sUAS 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 Manual and Safety Check list, 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 sUAS provides approximately 25 minutes of powered flight.

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 night VFR

conditions is reasonable.

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 small UAS, in a tightly controlled area

where only people and property owners or official representatives who have signed waivers will

be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

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

10673, and 10808.

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

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless

it has within it the following:

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

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

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

passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard

pilot. As such, there is no ability or place to carry certification and registration documents or to

display them on the sUAS.

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

control point where the pilot flying the sUAS will have immediate access to them, to the extent

they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A

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

9797, 9797A, 9816A, and 10700.

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 sections 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 manufacturer’s flight manual and operating handbook.

An equivalent level of safety will be achieved because these small UASs 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 UAS can land immediately and will be operating from no

higher than 400 feet AGL. As provided in the Owner’s Manual, the operator will ensure that the

UAS is in working order prior to initiating flight, perform required maintenance. 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.

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. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405

(a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate

commercially a small unmanned vehicle (55lbs or less) in motion picture and television

operations.

Approval of exemptions allowing commercial operations of sUASs will enhance safety by

reducing risk. Conventional aerial photography/videography operations use jet or piston

powered aircraft. Such aircraft must fly to and from the film location. In contrast, a sUAS

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 sUAS is carried to the film

location and not flown. The sUAS will carry no passengers or crew and, therefore, will not

expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighting 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 operating in close proximity to the ground and

people.
Privacy

All flights will occur over private or controlled access property with the property

owner’s prior consent and knowledge. Photographs will be of people who have also

consented to being photographed or otherwise have agreed to be in the area where

photography will take place.

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 for the

grant of the requested exemptions allowing commercial operation of applicant’s UAS in the

aerial photography industry.

Sincerely,

Elliot G Sanders

Appendix A

DJI Battery Safety Documentation:

http://www.dji.com/product/phantom-3-adv/info#downloads

DJI Phantom 3 Advanced Owner’s Manual with pre-flight checklist and maintenance 

procedures:

http://www.dji.com/product/phantom-3-adv/info#downloads

DJI’s Website resource to locate NO FLY ZONEs near your current location:

http://www.dji.com/fly-safe/category-mc