January 21, 2016

U.S. Department of Transportation Docket Management System

1200 New Jersey Avenue

SE Washington, DC 20590

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

Regulations and certain parts of the FARs.

Dear Sir or Madam:

In order to provide safe and non-polluting aerial videography and photography for public, 

private, non-profit, and business interests, I, David Levy, dba Levy Media Works, would like to 

receive exemptions from the following Section 333 regulations: 

14 C.F.R. § 61.23(a) and (c) 

14 C.F.R. § 61.101(e)(4) and (5)

14 C.F.R. § 61.113(a)

14 C.F.R. § 61.315(a)

14 C.F.R. § 91.7(a)

14 C.F.R. § 91.119(c)

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 91.405(a) 

14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 91.409(a)(1) and (2) 

14 C.F.R. § 91.417(a) and (b)

so that I may operate the DJI Inspire 1 and DJI Phantom 3 Professional Small UASs according 

to the guidelines of the relevant operator’s manuals, pre-flight, flight, and takeoff/landing 

checklists (Appendix A), as well as FAA guidelines for Small UAS flights.

The DJI Inspire 1 weighs 6.47 pounds, while the DJI Phantom 3 Professional weighs 2.82 

pounds. Both will always be flown under 400 AGL, are electrically powered by lithium ion 

batteries, carry no combustible fuel or crew, and will be transported in proper storage to and 

from all flight areas in accordance with FAA guidelines.

These proposed exemptions would allow my business to use the DJI Inspire 1 and DJI Phantom 

3 Professional, to provide aerial videography and photography as a commercial service to public, 

private, non-profit, and business entities, in support of the following activities:

• Action sports

• Agriculture/crop surveying

• Architecture and construction

• Bridge inspections

• Cinematography and photography
• Closed-set motion picture and television filming

• Data collection for utility infrastructures

• Emergency services

• Engineering surveys

• Environmental assessment

• Geological surveying

• Government assistance

• GPS global mapping 

• Insurance inspections

• Land surveying and mapping 

• Livestock monitoring

• Marketing and advertising

• Mining-related surveys

• News gathering and television production

• Oil and gas title research and exploration

• Public, non-profit and commercial photography and videography

• Real-estate photography and videography

• Roof Inspections

• Scientific research

• Search and rescue under the authority and support of local authorities

• Sporting events

• Thermal imaging and videography

• UAS education and training

• Wedding and private individual photography and videography

• Wildlife and forestry monitoring

Pursuant to exemption No. 12045 (Viglianti), the FAA recently approved similar use of the DJI 

Phantom 3 Professional Small UAS. Many other exemptions have been approved for the DJI 

Inspire 1, including Exemption No. 12583. These Small UASs have been proven to be reliable 

and safe flying machines, managed by gyroscopically-stabilized flight, ground detection, GPSaided navigation, a built-in compass, blinking LED lights, and manual and automatic failsafe 

modes for returning to the controller in order to protect both the Small UAS, other objects, and 

the environment. These models combine state-of-the-art, proven technology with high quality 

manufacturing and user-friendly controls to ensure safe operation and easy maintenance.

Specific section or sections of 14 CFR which I seek relief and the reason I seek relief are 

described below:

14 C.F.R. § 61.23(a) and (c): Medical Certificates: Requirement and duration

This regulation sets forth medical certificate requirements for pilots-in-command of aircraft in 

that a holder must have a first-class medical certificate when exercising the PIC privileges of an 

airline transport pilot certificate. Furthermore, the requirement states that the PIC must hold at 

least a second-class medical certificate when exercising PIC privileges of a commercial pilot 

certificate, or must hold at least a third-class medical certificate when exercising PIC privileges 

of a private pilot certificate, recreational pilot certificate, or flight instructor certificate. It also 

states that a person must hold and possess either a medical certificate issued under § 61.67 or a 
U.S. driver's license when exercising the privileges of a PIC of a sport pilot certificate in a lightsport aircraft other than a glider or balloon. The FAA is granting relief from § 61.23(a) to allow 

any pilot that holds one of the pilot’s certificates (discussed above) to operate a Small UAS with 

a U.S. issued driver’s license, in lieu of an FAA-issued medical certificate. The FAA is also 

granting relief from § 61.23(c) to allow sport pilot certificate holders to operate aircraft other 

than LSA with a U.S. issued driver’s license. The FAA has issued the following exemptions to 

this regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 

11240 and 11230.

Given the size of the Small UASs, their structure, the limited flight area, and the safety features 

integrated in the autopilot (among others a flight termination system), David Levy, dba Levy 

Media Works, believes that an equivalent level of safety can be reached if the operator has a 

valid driver's license. 

14 C.F.R. § 61.101(e)(4) and (5): Recreational pilot privileges and limitations

This section limits recreational pilots to non-commercial operations and that they may not act as 

pilot in command of a recreational aircraft for compensation or hire, or in the furtherance of a 

business. Unlike a conventional aircraft that carries the pilot and passengers, the Small UAS is 

remotely controlled with no living thing on board. The area of operation will be predetermined 

and in a protected flight area under the permission of the property representative, and all flights 

will be planned and coordinated in advance. The FAA has issued the following exemptions to 

this regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 

11240 and 11230.

14 C.F.R. § 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

This section limits private pilots to non-commercial operations and that they may not act as pilot 

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

Unlike a conventional aircraft that carries the pilot and passengers, the Small UAS is remotely 

controlled with no living thing on board. The area of operation will be predetermined and in a 

protected flight area under the permission of the property representative, and all flights will be

planned and coordinated in advance. The FAA has issued the following exemptions to this 

regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 

and 11230.

14 C.F.R. § 61.315(a): What are the privileges and limits of my sport pilot certificate?

This section limits sport pilots to non-commercial operations and that they may not act as pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire, or in the 

furtherance of a business. They also may not carry more than one passenger, fly at night, and 

under other restrictions that are outside of the scope of intended flights of the Small UAS. Unlike 

a conventional aircraft that carries the pilot and passengers, the Small UAS is remotely 

controlled with no living thing on board. The area of operation will be predetermined and in a 

protected flight area under the permission of the property representative, and all flights will be
planned and coordinated in advance. The FAA has issued the following exemptions to this 

regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 

and 11230.

14 C.F.R § 91.7: 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 preflight actions as prescribed by the 

aircraft’s manufacturer prior to each flight, and given the FAA’s prior approval of the same types 

of aircraft to be used in previous exemptions to this requirement (as set forth in Exemptions Nos. 

11278, 11275, 11267, 11260, 11253 and 11230) we believe we can maintain a high standard of 

safety and due regard as to the aircraft’s airworthiness during flight operations. The FAA has 

issued the following exemptions to this regulation: Exemption Nos.11278, 11275, 11269, 11267, 

11260, 11256, 11253, 11252, 11240 and 11230.

David Levy, dba Levy Media Works, will determine the airworthiness of the DJI Inspire 1 and 

the DJI Phantom 3 Professional in accordance with its official operating manual. Pre & postflight inspections of the propellers, motors, frame, landing stands, camera and gimbal will be 

performed before and after each flight, and recorded in the flight logs.

14 C.F.R. § 91.119(c): 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 Small UASs that are rotorcraft and the exemption requests authority to operate 

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

forth herein, the Small UAS will never operate at higher than 400 feet AGL, will always be 

operated under VLOS of both the PIC and VO, its area of operation will be predetermined and in 

a protected flight area under the permission of the property representative, all flights will be

planned and coordinated in advance, and the Small UAS will remain clear of, and give way to all 

manned aviation operations and activities at all times. The equivalent level of safety will be 

achieved given the size, weight, speed of the Small UAS as well as the location where it is 

operated and under the conditions previously stated. Compared to flight operations with aircraft 

or rotorcraft weighting far more than the maximum 55pounds 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 feet AGL. In addition, the lowaltitude operations of the Small UAS will ensure separation between these Small UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119. The FAA has 

issued the following exemptions to this regulation: Exemptions Nos. 11278, 11275, 11269, 

11267, 11260, 11256, 11253, 11252, 11240 and 11230.
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.” The DJI Inspire 1 and the DJI Phantom 3 

Professional utilize electronic GPS with a barometric sensor with live data output to the mobile 

device attached to the transmitter, which provides an equivalent level of safety. An equivalent 

level of safety will be achieved by the operator, pursuant to the manufacturer’s published 

procedures and live flight data monitoring, confirming the altitude of the launch site shown on 

the GPS altitude indicator before flight. In the event that the GPS altitude read out system 

becomes non- functional during flight, the Small UASs will also have a pre-programmed 

maximum flight limit of 400 feet programmed into them so that they may not fly above 

unapproved altitude limits. The FAA has issued the following exemptions to this regulation: 

Exemptions Nos. 11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 C.F.R. § 91.151(a)(1): 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 LiPo battery powering the DJI Inspire 1 Small UAS provides approximately 15-20 minutes 

of powered flight while the LiPo battery powering the DJI Phantom 3 Professional provides 

approximately 25 minutes of flight. The PIC will not begin a flight unless there is enough 

available power for the Small UAS to conduct the intended operation and to operate after that for 

at least five minutes or with the reserve power recommended by the manufacturer if greater. 

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

exemptions, and that flight with less than 25 minutes of reserve 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 Nos. 11278, 

11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 CFR § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b): Maintenance Inspections.

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

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

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

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

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

sections will not apply to the applicant. 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 Small UAS can land 

immediately and will be operating from no higher than 400 feet AGL and within VLOS of the 

PIC and VO. Prior to each flight, the PIC must conduct a pre-flight inspection and determine that 
the Small UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection 

reveals a condition that affects the safe operation of the Small UAS, the aircraft is prohibited 

from operating until the necessary maintenance has been performed and the Small UAS is found 

to be in a condition for safe flight. The operator must follow the Small UAS manufacturer’s 

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components (see Appendices B, C, D1 and D2). The FAA has issued the following 

exemptions to this regulation: Exemptions Nos. 11278, 11275, 11269, 11267, 11260, 11256, 

11253, 11252, 11240 and 11230.

Public Interest

Aerial photography and videography provided commercially to the public using Small UASs 

allows for a more cost-effective and environmentally-friendly method of capturing imagery than 

its alternatives, i.e., manned aircraft and helicopters. The latter are expensive, create lots of 

noise, and are much more hazardous due to their size and use of combustible fuel. Given that 

there is no fuel and no crew on the Small UASs, that they weigh less than seven pounds, and 

have a low maximum speed (less than 50mph), safe operation of these UASs does not pose a 

significant danger to the environment, wildlife, or people. Given its GPS and ground-sensing 

capabilities, a “return” mode will safely return the craft to the operator at the push of a button or 

automatically when the craft is low on power. To ensure that the Small UAS will not remain 

airborne in unsafe conditions, its “return to home” function automatically returns the aircraft to 

where it took off from (where the home point was set), prior to takeoff. 

Furthermore, the ideal height range for an aesthetically pleasing aerial image or video is between 

15ft-100ft AGL, because it provides both detail as well as a unique, above-ground perspective of 

buildings, property, landmarks, human actors and activities. This height range was previously 

impossible to obtain using manned fixed-wing aircraft or helicopters, and is very expensive to 

obtain using a crane or other traditional filmmaking equipment. The primary benefit to U.S.-

based businesses using Small UASs is their low-cost, safety, and non-polluting energy source, 

and the imaging is proving to be both highly utilitarian and aesthetically engaging.

Education 

I am a 27-year-old college-educated business owner and read, speak, write, and understand the 

English language. I possess a valid California driver’s license.

I attended the “Drones, DATA X Conference” in Santa Cruz, CA on May 1st, 2015 to learn 

more about the industry, and it was there that I was first made aware of Section 333 by the FAA 

representative.

I attended and completed the DARTdrones 3-part Certification Courses on November 21st 

2015, at the Hyatt Place, in Fremont, CA in Silicon Valley, CA from 9am-5:30pm (see Appendix

E). The curriculum for the three courses included the following:
1) UAV Basic Training

The DARTdrones UAV Basic Training certifies pilots on the Federal Aviation Administration

rules, regulations, and safety:

• The Federal Aviation Administration

◦ Know Before You Fly

◦ Rules for Recreational, Commercial, and Government Users

◦ The 333 Exemption

◦ FAA Proposed Rules for sUAS

• Safety

◦ #FlySmart

◦ Planning Your Flight

◦ Emergency Procedures

◦ Checklists

◦ Flight Log

◦ Weather Considerations

◦ Identifying Hazardous Obstacles

◦ Insurance

• Location Checklist – Where and when can you fly legally?

◦ Abiding By FAA Flight Restrictions

◦ Identifying Restricted Areas

◦ Temporary Flight Restrictions

◦ Airspace Basics

◦ Privacy Considerations

• Equipment Considerations

◦ Top Drones on the Market

◦ Fixed Wing Versus Multi-copter

◦ Battery Considerations

◦ Cameras and Gimbals

• Why Drones Get a Bad Reputation

◦ How to Avoid Pilot Disorientation

◦ Understanding Capability of Equipment

◦ How to Avoid Fly Aways

◦ How to Not Make It In the News

2) Phantom 3 & Inspire 1 Training: Part I

The DARTdrones Phantom 3 & Inspire 1 Training: Part I course teaches new Phantom and 

Inspire pilots everything they need to know to be confident in launching, flying, and landing 

safely. The course includes two hours of a classroom coverage and hands-on flying time with an 

Expert Flight Captain. The flying session is limited to eight students so that new pilots get 

quality flight time with the Flight Captain.

• Aircraft Components

• First Flight Basics

• Flight Modes and Vision Positioning

• Calibration Considerations

• Emergency Procedures – Fail Safe, Return to Home, and Fly Aways
• The Language of Lights

• DJI User Settings – Simulator and Flight Recorder

• Firmware Updates

• Handouts – Location Checklist, Pre-Flight Checklist, Equipment Checklist, Take Off 

Checklist, Practice Exercises, and Flight Log

3) Phantom 3 & Inspire 1 Training: Part II

The DARTdrones Phantom 3 & Inspire 1 Training: Part II course teaches drone pilots about 

the hundreds of settings and features of the DJI Go App that will be used during flight. The 

course includes two hours of a classroom coverage and hands-on flying time with an Expert 

Flight Captain. The flying session is limited to eight students so that the pilots get quality flight 

time with the DARTdrones Flight Captain.

• DJI Go App Settings

• Failsafe Settings

• Return to Home Features

• Gain and Expo Tuning

• RC Control Settings

• Master Stick Mode

• Intelligent Navigation Features

• Course Lock – Aircraft Fixes Forward Nose Orientation

• Home Lock – Aircraft Follows Direct Path to Home Point

• Point of Interest – Aircraft Circles Designated Point

• Follow Me – Aircraft follows the mobile device

• Way Points – Aircraft Flies Along Programmed Flight Path

Flight Logs

David Levy, dba Levy Media Works has maintained a comprehensive and continuous Flight 

Log detailing every Small UAS flight conducted from January 1st, 2014 to the present, with the 

following data (see Appendices F1, F2 and F3 for complete Flight Logs):

• Date

• Small UAS Make & Model

• Pre-Flight Check Conducted

• Flight Check Conducted

• Post Flight Check Conducted

• Location, Maintained Line of Sight (LOS)

• Used FPV 

• Exact Time of Day in military time

• Flight Duration (in minutes)

• Weather Conditions

• Wind Speed (mph)

• Remarks, Procedures, Maneuvers, or Notes about specifics of each individual flight.
Registrations

David Levy, dba Levy Media Works filed an AC Form 8050-1 with the FAA in Oklahoma and 

paid the $5 registration fee to register the DJI Phantom3 Professional. I received a registration 

card dated 9/25/2015, active for a three year period, with Nationality Registration Marks 

‘N5999S’ which has been placed in a visible location on the aircraft. Due to increased 

popularity of Small UASs as of December 2015, the FAA required all recreational owners to 

register their Small UASs. I registered the same aircraft with the FAA as a hobbyist because I 

was still in the process of creating this document for exemption for Section 333. I received a 

Small UAS Certificate of Registration # FA33RFTRMM, dated 12/30/2015, which has been 

placed in a visible location on the aircraft.

David Levy, dba Levy Media Works filed an AC Form 8050-1 with the FAA in Oklahoma and 

paid the $5 registration fee to register the DJI Inspire 1. I received a registration card dated 

10/7/2015, active for a three year period, with Nationality Registration Marks ‘N595ML’ which 

has been placed in a visible location on the aircraft. Due to increased popularity of Small UASs

as of December 2015, the FAA required all recreational owners to register their Small UASs. I 

registered the same aircraft with the FAA as a hobbyist because I was still in the process of 

creating this document for exemption for Section 333. I received a Small UAS Certificate of 

Registration # FA33RFTRMM, dated 12/30/2015, which has been placed in a visible location on 

the aircraft.

Small UAS Flight Experience

David Levy of Levy Media Works has been flying Small UASs since January 1, 2014 and has

reached the two year mark as of January 1, 2016. 

My first Small UAS was a DJI Phantom 2 Vision, which I flew 44 times for a total of 712mins 

(11.87hrs). Sold & Upgraded to a DJI Phantom 2 Vision+.

My second Small UAS was a DJI Phantom 2 Vision+, which I flew 191 times for a total of 

2834mins (47.23hrs). Sold & Upgraded to a DJI Inspire1.

My third Small UAS is a DJI Inspire 1, which I’m currently using. I’ve flown it 72 times for a 

total of 871mins (14.52hrs).

My fourth Small UAS is a DJI Phantom 3 Professional, which I’m currently using, I’ve flown 

42 times for a total of 503mins (8.38hrs).

My experience to date includes a total of 349 flights and 84 hours flight time. This is more than 

double the number of hours required for a sport (20hrs), recreational (30hrs), or private (40hrs) 

pilot’s license.

David Levy of Levy Media Works has knowledge of the appropriate airspace rules and 

procedures for safely piloting Small UASs; has in-depth knowledge of the flight characteristics 

and operational limitations of the two Small UASs in the present application; and has completed 

the available training, certification, registrations, and flight time to move beyond the hobbyist or 
student level. Due to the significant differences involved in piloting a Small UAS versus a 

manned fixed-wing aircraft, I believe the requirement that a Small UAS operator possess a 

pilot’s license is not only illogical but presents an undue hardship with regard to cost. In 

addition, the Small UAS is significantly smaller, lighter, and more maneuverable than an

Ultralight aircraft, which does not require that the operator have a pilot’s license. 

Summary

David Levy, dba Levy Media Works, is seeking exemption from the following rules: 

14 C.F.R. § 61.23(a) and (c) 

14 C.F.R. § 61.101(e)(4) and (5)

14 C.F.R. § 61.113(a)

14 C.F.R. § 61.315(a)

14 C.F.R. § 91.7(a)

14 C.F.R. § 91.119(c)

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 91.405(a) 

14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 91.409(a)(1) and (2) 

14 C.F.R. § 91.417(a) and (b) 

With the exemptions of the above rules David Levy, dba Levy Media Works, will be seeking to 

make my Small UAS photography/videography services available to public, private, non-profit, 

and business interests that had previously required the use of manned aircraft to achieve what I 

can now offer in a safer, more cost-efficient and non-polluting manner. This is achieved with the 

use of Small UASs which do not using combustible fuel, fly at safe heights and strictly follow 

the safety and operational recommendations from the manufacturer DJI and the FAA. These 

include but are not limited to:

• Flying the DJI Phantom 3 Pro and DJI Inspire 1 safely and according to its operator’s manual

• Always flying below 400 feet

• Thoroughly inspecting the Small UAS before and after flights

• Keeping the Small UAS in visual sight at all times when in operation

• Using an observer to assist if needed

• Remaining safely clear of and not interfering with manned aircraft operations

• Not intentionally flying dangerously over unprotected persons or moving vehicles

• Contacting an airport or control tower before flying within 5 miles of their vicinity

• Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

• Not flying under the influence of alcohol or drugs

• Ensuring the operating environment is safe

• Not flying over sensitive infrastructure or property such as power stations, water treatment 

facilities, correctional facilities, etc.

• Checking and following all local laws and ordinances before flying over private property

• Not conducting surveillance or photographing persons in areas where there is an expectation of 

privacy, without the individual's permission.
I am hoping for your approval and look forward to hearing from you regarding this application.

Sincerely,

David R. Levy dba Levy Media Works

4468 Merlin Way 

Soquel, CA 95073 

david@levymediaworks.com

ADDENDA

Appendix A: Flight Checklists

Appendix B: Inspire 1 Maintenance Manual 

Appendix C: Inspire 1 Safety Guidelines and Disclaimer (same for Phantom 3 Pro)

Appendix D1: Intelligent Flight Battery Safety Guidelines: Inspire 1

Appendix D2: Intelligent Flight Battery Safety Guidelines: Phantom 3 Pro

Appendix E: DARTdrones Certificate of Training

Appendix F1: Levy Media Works Flight Logs 2014

Appendix F2: Levy Media Works Flight Logs 2015

Appendix F3: Levy Media Works Flight Logs 2016