AZahn, LLC Petition for Exemption Filed under Section 333 

AZahn, LLC

Alexander Zahn, Financial Manager

4209 Adidas Ave

Bakersfield, CA 93313

alex@azahn.com

January 5, 2016

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

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.105; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 

91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 

CFR Part 11, "AZahn, LLC", operator of Unmanned Aircraft Systems (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its UAS, 

so long as such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

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

would operate in the following manner:

• Aerial photography and/or video for public and/or private use including real estate, architecture, 

land surveying, engineering and other related professional activities. 

• Aerial video and/or photography for public and/or private use including television, public events, 

weddings, cinematography and news gathering. 

• Aerial inspection/photography of residential/commercial structures under contract with the owners 

or local government authority. 

• Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers. 

• Aerial video/photography or providing live video feed to assist with search and rescue operations 

in cases of an emergency or natural disaster only when the local authorities or government has 

requested it by contract or donation. 

• The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for 

the protection of the persons and property. 

As described fully below, the requested exemption would permit the operation of a UAS under controlled 

conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety 

enhancements to the already safe operations in the 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." 

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AZahn, LLC Petition for Exemption Filed under Section 333 

The name and address of the applicant is: 

AZahn, LLC

Alexander Zahn, Owner

4209 Adidas Ave

Bakersfield, CA 93313

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operational limitations proposed will provide for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional aircraft. 

These limitations and conditions, to which the applicant agrees to adhere to when conducting commercial 

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM), include: 

• The UAS will weigh less than 55 lbs.

• The UAS will have a maximum operating speed of no more than 100 mph.

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

(VO).

• Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 

25% battery power reserve or 20 minutes of flight time whichever occurs first.

• Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) or not 

more than 200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the UAS Pilot and the Visual Observer (VO).

• The UAS pilot will be the designated Pilot in Command (PIC) and will take and pass all applicable 

certifications currently being approved by the FAA.

• A briefing will be performed regarding the planned UAS operations prior to each day's flight 

consisting of all the days’ production activities.

• All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

• If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) 

of a tower controlled or uncontrolled airport, the respective airports will be contacted advising 

them of the estimated flight time, flight duration, elevation of flight and other pertinent information.

• The operator will obtain verbal/written consent of all persons involved with the planned operation 

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

and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, 

as required under the FOM. With the advanced permission of the FSDO, operations at closer 

range may be approved. 

• The PIC and VO will have been trained in operation of UAS and receive up-to-date information for 

the particular UAS to be operated. 

• The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

• Written and/or verbal permission and permits will be obtained, as applicable, from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate governmental 

agencies.

• If the UAS loses communications with the remote controller or loses GPS signal, the UAS will 

have the capability to return to a pre-determined location within a designated location and land 

autonomously.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies. 

"AZahn, LLC", will operate UAS rotorcraft weighting less than 55 lbs. including payload, such as the DJI 

Phantom 2, DJI Phantom 3 and DJI Inspire 1. 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.

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AZahn, LLC Petition for Exemption Filed under Section 333 

Given the small size of the UASs involved and the limited environment within which they will operate, the 

applicant falls squarely within the 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 limited areas in which the relevant UASs 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 photography 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.

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.105

14 CFR 91.109 

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a) 

14 CFR 91.203

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

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 UASs to be operated hereunder weigh less than 55 lbs, fully loaded, carry neither a pilot nor 

passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a 

secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance with local 

public safety requirements. 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. 

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AZahn, LLC Petition for Exemption Filed under Section 333 

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 will be needed as the UAS will 

have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. 

Given the size of the UAS, two-inch lettering will be impossible. The word "Experimental" will be placed 

on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS 

as "Experimental." 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a) & (b). no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. 

An equivalent level of safety can be achieved by current Regulations because the applicant's UAS do not 

carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than 

the risk levels inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations 

set forth in the FOM will equate to the safe operation of the UAS. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight, an 

equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, 

and placards, or any combination thereof.

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual 

at the ground control point where the pilot flying the UAS will have immediate access to it. 

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AZahn, LLC Petition for Exemption Filed under Section 333 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be 

needed. The PIC will take all actions as stated in the manufacturer FOM in the pre-flight inspection 

section, including but not limited to reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. 

14 C.F.R. §91.105: Flight crew members at stations 

Exemption may be required, the PIC may not leave his station nor shall VO leave station . In event that 

PIC or VO become incapacitated, UAS is to automatically return to designated landing area, as outlined 

in FOM. 

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. UAS 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. 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 UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, 

or not more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL 

with the exception that in circumstances where the UAS is used to survey or photograph a structure 

whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest 

point on the structure. 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 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 551bs. 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 UAS 

will ensure separation between these UAS operations and the operations of conventional aircraft that 

must comply with Section 91.119. 

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AZahn, LLC Petition for Exemption Filed under Section 333 

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

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an 

altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available 

before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, 

an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to 

the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the 

GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 

minutes; or (2) At night, to fly after that for at least 45 minutes." 

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes 

in length. Given the limitations on the UAS's proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions 

is reasonable. 

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

Operating the UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, 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 UAS 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 20 minutes or 25% of battery power- whichever happens first. This restriction would be 

more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating 

area. 

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

The regulation provides in pertinent part: 

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

following:

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

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin 

or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 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 UAS. 

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

where the pilot flying the UAS will have immediate access to them; to the extent they are applicable to the 

UAS. 

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AZahn, LLC Petition for Exemption Filed under Section 333 

14 C.F.R. §91.405 (a); 407 (a) {1); 409 (a) {2); 417{a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and 

others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very 

limited in size and will carry a small payload and operate only in restricted areas for a limited period of 

time. If mechanical issues arise the UAS can land immediately and will be usually operating from no 

higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is 

the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition 

to provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure 

that the UAS is in working order prior to initiating flight and perform required maintenance needed. 

Additional Information. 

AZahn, LLC believes this exemption request and associated safety considerations adequately satisfy 

criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting 

of commercial operations of the applicant's UAS. 

The applicant requests your respective approval of this Section 333 exemption petition request. 

Thank you for your attention in this matter. Please notify AZahn, LLC of your actions and/or approvals.

Sincerely,

Alexander Zahn, Financial Manager

AZahn, LLC

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