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 CFR 61.113 (a) & (b) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 

91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 

(a) (2) 14 CFR 417 (a) & (b) 

To Whom It May Concern:

This application is being submitted on my own behalf.

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

and 14 C.F.R. Part 11, Drone Flite Photography LLC, operator of Small Unmanned Aircraft 

Systems (“sUASs”) equipped to conduct aerial photography and videography for the real estate 

and other commercial industries, 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 333.1 

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 3) controlled as to access and 4) would provide safety enhancements to 

the already safe operations in the aerial photography industry presently using conventional 

aircraft. 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: 

Drone Flite Photography, LLC Contact: Christopher Kim, 490 S Locust St. Morristown, IN 

46161, Phone: 317-502-0796

Regulations from which the exemption is requested: 

14 CFR 61.113 (a) & (b) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 

91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 

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) (emphasis added)2. 

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. 

2. Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemptions under section 333, 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 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). 

Drone Flite Photography, LLC’s UASs are rotorcraft, weighting 5 or fewer lbs. including 

payload. They operate, under normal conditions at a speed of no more than 30 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. They will 

operate only in line of site. Such operations will insure that the sUAS will “not create a hazard to 

users of the national airspace system or the public.”4

Given the small size of our sUASs, 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 photography, 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 to the already safe 

movie and television filming operations conducted with conventional aircraft. 

These limitations and conditions to which Drone Flite Photography, LLC. agrees to be bound 

when conducting commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 5 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 25 minutes. 

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

limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 

200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each 

operation will consist of the sUAS Pilot, and the Visual Observer. 6. sUAS Pilot will be Pilot in 

Command (PIC) 7. The UAS will only operate within a confined area. 8. A briefing will be 

conducted in regard to the planned sUAS operations prior to each project. It will be mandatory

that all personnel who will be performing duties be present for this briefing. 9. The operator will 

obtain the consent of all persons involved in the photography and filming and ensure that only 

consenting persons be allowed within 50 feet of the flight operation. 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. 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. If the sUAS loses communications or loses its GPS signal, the UAS will have 

capability to return to a predetermined location within the Security Perimeter and land. 14. 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 5 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly

controlled and monitored by the operator. 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," "lightsport," "experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS although there is no entrance to a 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.” 

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 Sections J and K of the Manual. 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, 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, 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 preobtained consent. 

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 500 AGL. 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 30 minutes of powered flight. To meet 

the reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10-

12 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 

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. 

Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. 
Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 25% of battery power--whichever happens first. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited operating 

area. 

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 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. 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 Manual, 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. 

The operation of small UASs, 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 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. Filming will be of people who have also consented to 

being filmed or otherwise have agreed to be in the area where filming 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 real estate 

industry.

Sincerely, 

Christopher Kim and Ethan Hardwick

Owners

Drone Flite Photography, LLC

490 S Locust St.

Morristown, IN 46161

chris@flitephoto.com

ethan@flitephoto.com

317-502-0796 / 317-364-8498