Mr. Mark Bradford Foley

Unlimited Aerial Videos LLC

32 E Co Hwy 30A, Unit 4

Santa Rosa Beach, FL 32459

June 15, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Re: Petition for exemption request under Section 333 of Public Law 112-95

Dear Sir/Ma’am:

Unlimited Aerial Videos LLC (Petitioner) seeks relief from 14 C.F.R. §§ 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) so as to operate an 

unmanned aerial system (UAS) to conduct aerial video and photography pursuant to 

Section 333 of Public Law 112-95.

Interests of the Petitioner

The petitioner requests permission to pursue commercial operations using a small UAS 

weighing less than 55 pounds and equipped to support the following services:

- Construction

- Real Estate

- Marketing

- Architecture

- Search and Rescue

Petitioner’s Operating Platform

The petitioner seeks an exemption to employ the DJI Phantom 2 Vision+ as the operating 

platform for compensation or hire for the aforementioned services. The Phantom 2 

Vision+ is a multi-rotor UAS capable of precision flight, stable hovering, GPS 

positioning, and return home functions with technical specifications outlined in 

Attachment 1 accompanying this document. The Phantom 2 Vision+ has a history of 

proficient operations and has met the safety standards used by the Federal Aviation 

Administration (FAA) on previous Section 333 exemptions.

The DJI Phantom 2 Vision+ will be operated by the petitioner and registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R part 47, 
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Aircraft Registration. The platform will also have identification (N-Number) markings in 

accordance with 14 C.F.R. part 45 subpart C, Identification and Registration Marking. 

Markings will be displayed on the UAS in a manner that is as large as practicable.

Additionally, in reference to 49 U.S.C. 44704, and with consideration of platform’s size, 

weight, speed, and limited operating area associated with the UAS and its operations, the 

petitioner’s UAS currently meets the statutory criteria of Section 333 of Public Law 112-

95 and therefore does not require an airworthiness certificate in accordance with 14 

C.F.R. part 21, Certification procedures for products and parts, Subpart H –

Airworthiness Certificates.

Basis for Petition and Public Benefit

This exemption will support a commercial business that provides aerial photography and 

videography for real property in addition to surveys for construction sites and 

architectural development for landscapes over certain areas of the United States. In many 

instances, using UAS platforms for photography/videography provides a better capability 

for capturing higher resolution and higher quality images, and it can be further 

accomplished from perspectives that cannot be repeated by the maneuvering of manned 

aircraft and/or from satellite photographs.

The petitioner’s UAS is battery powered, highly maneuverable, light weight, and 

appropriately frangible, and is thus presented as a cost effective platform for capturing 

aerial data at a significantly reduced risk level than manned aircraft operations with 

combustion engines. While the UAS operates at similarly low-level altitudes as manned 

rotary wing platforms, it is capable of providing aerial data for business requirements 

with no souls on board, and thereby diminishing the likelihood of death or serious bodily 

injury from a mishap.

The cost of using a UAS for photography/videography is significantly less than the 

expense of contracting a helicopter, for example, in an effort to capture the same 

photography/videography that a business opportunity requires.

Battery operation versus the by-product of combustion engines is a contributing factor to 

the public good in that the operation of this UAS is safer to the environment.

The petitioner also requests an exemption so that the UAS can be utilized in support of 

first responders of emergency services that might request assistance for search and rescue 

operations.

Regarding the Unmanned Aircraft Pilot in Command (PIC)

With respect to the operation of the UAS, the petitioner will function as a PIC with a 

Private Pilot or higher level rating, an appropriate medical certificate, and the minimum 

flight-hour and currency requirements. The PIC will safely operate the UAS in a manner 
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consistent with this exemption, including evasive and emergency maneuvers, and will 

maintain appropriate distances from persons, vessels, vehicles, or structures.

The PIC is a qualified airmen with approximately 60 manned flight hours as a private 

pilot with an Airplane Single Engine Land certificate, and formerly with 1,500 of military 

manned flight hours with an aeronautical rating of Senior Pilot from the United States Air 

Force. The PIC is further experienced with extended flight below 500 feet over flat, 

rolling, and mountainous terrain.

Prior to each flight, the PIC will research and make note of applicable flight planning 

materials, including NOTAMs, weather, and any associated airspace considerations

within the route of flight. 

To ensure the UAS is in a condition for safe flight, the petitioner will use experienced 

personnel or technicians to perform aircraft sustainment measures such as preflight 

inspections, maintenance and repair, and updates or modifications to the UAS using 

prescribed methods, techniques and best practices in accordance with the Phantom 2 

Vision+ User Manual outlined in Attachment 2 accompanying this document. The 

petitioner’s PIC will further note all operational cautions and warnings presented in the 

Phantom Pilot Training Guide outlined in Attachment 3 accompanying this document.

To the full extent possible, the PIC will only operate over private property or controlled 

access property with the owner’s prior permission or consent. When necessary, 

applicable permits will be acquired from local authorities.

The PIC will log qualification flight hours and currency in a manner consistent with 14 

C.F.R. § 61.51(b).

The operation of the Phantom 2 Vision+ UAS will be safely conducted to minimize risk 

to the National Airspace System (NAS) or to persons of property on the ground through 

the strict adherence to the conditions outlined in its UAS operations below.

UAS Operations

The petitioner will operate the UAS platform in accordance to the following conditions 

and limitations:

- The weight of the platform will be less than 55 pounds, including payload

- The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour) and 

airspeeds greater than the maximum limiting airspeed recommended by the aircraft 

manufacturer

- Operated at an altitude of no more than 400 feet above ground level (AGL)

- Operated within visual line of sight (VLOS) of the PIC at all times.
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- For all operations, utilization of the UAS will be conducted with the participation of a 

visual observer (VO) who will be able to communicate effectively with the PIC at all 

times, and will be qualified to perform the duties required for safe UAS operations

- Operations of the UAS will be conducted in accordance with the conditions and 

limitations outlined in its operating documents

- Performance of a functional check flight before operations if the UAS has undergone 

maintenance or alternations that may affect its operation or flight characteristics

- Responsibility for maintaining and inspecting the UAS in a condition for safe operation

- Conduct pre-flight inspections prior to operations

- Adherence to the UAS manufacturer’s maintenance, overhaul, replacement, inspection, 

and life limitations for the UAS and its components

- Compliance with all the UAS manufacturer’s safety bulletins

- The PIC will have a minimum of a private pilot’s license, current FAA airman medical 

certificate, and meet the flight review requirements specified in 14 C.F.R. § 61.56 for 

which the PIC is rated

- The PIC will demonstrate the ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated

- The PIC will operate the UAS in accordance with 14 C.F.R. § 91.119 during training, 

proficiency, and experience building flights

- All UAS operations will be conducted during day light hours and under visual 

meteorological conditions (VMC)

- Operations will not be conducted within 5 nautical miles of an airport unless prior 

permission is obtained through a letter of agreement by the airport management

- The UAS will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from clouds or when visibility is less than 3 statute miles from the PIC

- The UAS must return to a predetermined location of operation if it loses 

communications or GPS signal from the ground controller

- The PIC must terminate flight of the UAS in the event of an emergency or the presence 

of an unpredicted obstacle in the confines of the operation
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- The PIC will not operate the UAS unless it has enough power to complete the operation 

with at least 5 minutes of reserve battery power available (or greater if recommended by 

the manufacturer)

- All operations will be conducted with an Air Traffic Control (ATC) issued Certificate of 

Waiver or Authorization (COA)

- The documents that ensure the safe operation and flight of the UAS and any documents 

required under 14 C.F.R. §§ 91.9 and 91.203 will be available to the PIC at all time 

during UAS operations

- The PIC will operate the UAS in a manner that remains clear and gives the right-of-way 

to all manned aviation operations

- The UAS will not be operated from any moving device or vehicle

- All UAS flights will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, or structures unless covered by a barrier or structure, and with a safety 

assessment of the risk for operation closer than prescribed.

- All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative

- 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

- The PIC will further not operate the UAS in a careless or reckless manner, at locations 

that are restricted or prohibited, under the influence of alcohol or while under the 

influence of any drug that could adversely affect the ability to safely operated the UAS, 

or carry a payload of pyrotechnic devices or drop objects that could be a hazard to 

persons or property 

Requested Exemptions

The Petitioner seeks an exemption from provisions of 14 C.F.R. parts 61 and 91 for the 

purposes of conducting commercial operations of a UAS. The following are selected 

sections of 14 C.F.R. for which an exemption is sought and the operating procedures and 

processes that the petitioner has implemented to ensure an equivalent level of safety.

14 C.F.R. § 61.113, 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.
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While the petitioner intends to use the UAS for commercial business, the UAS does not 

carry persons, passengers, or cargo. In order to ensure an equivalent level of safety, the 

PIC will hold, at a minimum, a Private Pilot, Airplane Single Engine Land certificate, 

understand the conditions and limitations of airspace and communications, have 

proficiency with UAS flight characteristics, and demonstrate an applicable level of safety 

and efficiency in training and operations of the platform.

14 C.F.R. § 91.7, Civil aircraft airworthiness.

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

The FAA has stated that no exemption is required to the extent that the requirements of 

14 C.F.R. part 21 are waived or found inapplicable. During operations of the UAS, the 

PIC will conduct a pre-flight inspection, note applicable flight planning information, and 

operate the UAS with consideration of the manufacturers user manual and flight training 

notes, cautions, and warnings. While the requirement of 14 C.F.R. § 91.9 to have a flight 

manual in the aircraft is not possible, and in complying with all operating limitation 

specific to the UAS, the PIC will keep the flight (user) manual with the ground controller 

at all times. 

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

(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.

The petitioner’s UAS lacks flammable materials, is highly maneuverable, light weight, 

and appropriately frangible, and therefore does not pose the same amount of risk in the 

low-level environment as do conventional aircraft. As indicated in the UAS Operations

of this petition, risk will be mitigated by having nonparticipants covered by a barrier or 

structure. Moreover, when flying over landscapes, the PIC will operate over private 

property or controlled access property with the permission of the property 

owner/controller, provide a briefing of the intended route of flight, and conduct a safety 

assessment of the risk for flight closer than what is prescribed by this regulation.

14 C.F.R. § 91.121, Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level 

of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, 

the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure; 
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While this regulation requires that an aircraft shall maintain an altimeter setting available 

within 100 nautical miles of that aircraft or from an appropriate available station, the 

FAA has stated in previous exemptions that an equivalent level of safety can be achieved 

if the UAS is operated at or below 400 feet AGL, within visual line-of-sight of the 

operator, and with GPS based altitude information that can be relayed in real time to the 

operator. The petitioner’s UAS has a real-time GPS altimeter capability that is displayed 

on the PIC’s ground controller.

14 C.F.R. § 91.151, 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;

The petitioner’s UAS operates on battery power with a maximum flight per battery of 

approximately 25 minutes. Requiring a 30 minute reserve is technologically not feasible 

for the operation of this platform. The FAA has granted exemptions in circumstances 

similar in material respects to battery life, and thus the petitioner submits that an 

equivalent level of safety for the Phantom 2 Vision+ can be achieved with an energy 

reserve of 20 percent, or approximately 5 minutes, remaining power in the battery.

14 C.F.R. § 91.405, 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;

14 C.F.R. § 91.407, Operation after maintenance, preventive maintenance, 

rebuilding, or alteration.

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

maintenance, rebuilding, or alteration unless—

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

chapter;

14 C.F.R. § 91.409, 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—

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter; or

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

21 of this chapter.

14 C.F.R. § 91.417, Maintenance records.

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

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under §43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service.

The requirements outlined in 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 

and 91.417(a) and (b) relate to the maintenance, inspection, and operational sustainment 

of an aircraft with an airworthiness certificate. The petitioner does not have an 

airworthiness certificate for the UAS it intends to operate; however, in consideration of 

the size, weight, speed, and limited operating area associated with the aircraft and its 

operation, the FAA has in similar exemption requests found relief from 14 C.F.R. part 21, 

Certification procedures for products and parts, Subpart H—Airworthiness Certificates. 

The petitioner requests similar relief.

To this extent, an equivalent level of safety will be achieved by the implementation of 

pre-flight and post-flight inspections and maintenance in accordance to the 

manufacturer’s user manual. If discrepancies are found, flights will not be conducted 
9

until the appropriate maintenance actions have been accomplished, and an operational 

flights will only occur after a functional check flight by the PIC is performed to 

determine the UAS is in a condition for safe flight. Maintenance actions will be logged 

in accordance with 14 C.F.R. § 91.417.

An equivalent level of safety will further be achieved for the maintenance, inspection, 

and operational sustainment of the petitioner’s UAS, particularly due to the small size, 

construction, and simplicity of the platform, by the PIC, VO, or adequately trained 

personnel who are proficient in these areas.

Conclusion

The commercial use of UAS in the NAS enables a growth market for aerial data 

collection as a cost-effective solution do doing business, but also presents a technology 

that acts to mitigate risk in the low-level environment through a tactical capability of

maneuvering and loitering while also reducing its impact on the environment. As such, 

the petitioner intends to operate the Phantom 2 Vision+ in accordance to all rules, 

regulations, conditions, and limitations associated with safe and efficient UAS operations

in the NAS, and do so with an equivalent or greater level of safety compared to manned 

aviation assets performing similar functions.

Mr. Mark Bradford Foley

Unlimited Aerial Videos LLC

Owner
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Summary for publication in the Federal Register

Petitioner: Unlimited Aerial Videos LLC

Petition of Exemption:

Relief from 14 C.F.R. §§ 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) so as to operate an unmanned aerial system (UAS) to conduct 

aerial video and photography pursuant to Section 333 of Public Law 112-95.

Description:

Unlimited Aerial Videos LLC seeks an exemption to operate a small unmanned aerial 

system (UAS) for a business that provides aerial photography and videography to support 

construction, real estate, marketing, architecture, and search and rescue services. The 

UAS platform is a DJI Phantom 2 Vision+ with a three-axis gimbal camera that is 

capable of capturing high quality and high resolution images and HD video for 

compensation or hire. The petitioner will operate the UAS in accordance to all rules, 

regulations, conditions, and limitations associated with safe and efficient UAS operations 

in the National Airspace System (NAS), and do so with an equivalent or greater level of 

safety compared to manned aviation assets performing similar functions.