Request for Section 333 Exemption Photography/Videography

June 15, 2015

by/for

Christopher Moeller

16204 Heather Ct.

Spring Lake, MI 49456

Cell: 616-843-6048

Email: Christopherjmoeller@gmail.com

Formal Request:

This document constitutes an exemption Request under Section 333 of the FAA Modernization and Reform Act 

of 2012 and a request for an exemption/relief from Title 14, Code of Federal Regulations Part 21 

Along with Sections: 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R . 91.119 (a) (b) & (c) 

14 C.F.R. 91.121 

14 C.F.R. 91.405 (a) 

14 C.F.R. 91.407 (a) (1) 

14 C.F.R. 91.409 (a) (2) 

14 C.F.R. 91.417 (a) & (b) 

These requests are made on behalf of Christopher Moeller to perform Aerial Photography/Videography by/for 

Christopher Moeller.

The main use of this UAS would be taking real-estate and aerial property photos and videos for 

hire. The UA system that I plan to use is a 3DR Solo and will be referenced in this document and 

also in the attached user manual.

Definitions used in this petition: 

FAA:............................................................................................Federal Aviation Administration 

NAS:........................................................................................................... National Air Space 

UAS:................................................................................................ Unmanned Aircraft System 

UA: ............................................................................................................Unmanned Aircraft 

LED:......................................................................................................... Light Emitting Diode 

PIC:............................................................................................................. Pilot In Command 

GPS:................................................................................................. Global Positioning System 

 

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always flying the 

UAS within visual eye contact, less than 400 ft above ground and never directly above persons or public 

places. As a standard to my business, and for the safety of the NAS with this UAS I will not accept business 

within 1 Mile of any airport in my market. 

The orientation of flights will be such that the pilot in command (PIC) always has a visual on the rear mounted 

LED flight Indicator. Additional safety features on the 3DR Solo include, return to home, flight pause, low 

voltage warning and return, enhanced failsafe and automated logs recorded on the controller/transmitter. The 

3DR Solo also has user-designated settings (editable even during flight) for max speed, height, and controller 

sensitivity to ensure safest and legal flight at any given moment. 

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2. Pre-flight inspection would be checking battery condition/level in both the transmitter and UAS. The “sololink” feature will not let the UAS start if communication is not established. A check for power-lines, antennas 

and other overhead objects would be performed. Wind conditions would be monitored and be a factor for 

flying. Strategic mapping and pre-thought routes will be conducted before each flight based on each location. 

Calibration and stabilization per the start-up procedures of the UAS will be conducted at the beginning of each 

flight. 

3. The radio frequency of the 3DR Solo flight transmitter/receiver is in 2.4 GHZ range as well as the 3DR Link 

secure WiFi network at 2.4 GHz. Maximum take-off weight is less than 4lbs (1.8kg) with maximum payload 

capacity at 420g. Maximum climb rate: 11mph(4.9 m/s). Maximum descent rate: 6mph (2.6 m/s) Maximum 

flight speed at 55mph (24.5 m/s). Cruise speed: 5kts (2.5 m/s). Maximum flight time for any full powered flight 

is less than 25 minutes. Further and detailed parameters listed in attached 3DR Solo UAS users manual. 

4. The PIC will be only myself. Flight experience is ample with similar UAS’s and growing with the 3DR Solo, 

as the release of this UAS was June of 2015. As the PIC of this UAS, all flight time used commercially will be 

by me only, and logged accordingly in a monthly use and maintenance logbook attached for reference. I will 

also keep current with any firmware/software updates and log those each time as well. 

5. Im in good medical health and sound mental health. I have no arrests or felonies and have had a FBI 

background check in accordance to requirements to serve in different capacities in my church. I have no 

outstanding claims against me and live by the book. Knowing that many people abuse the system and 

regulations that the FAA instates for our safety and the safety of the NAS regarding UAS’s, my going through 

this process of exemption is in effort to instill trust and confidence from the FAA in my pursuit of this exemption. 

6. The intended use of this 3DR Solo is to supplement my existing income as a clergy/pastor at my local 

church with occasional aerial photography and videography. I’d like to stay ahead of the wave in my local area 

to have a competitive and legal edge to this market. 

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata 

recorded on the transmitter controller, as mentioned earlier. This data would be kept readily available stored in 

the mobile/operation application software. 

The 3DR Solo will not be flown at night and never in the flight path of manned aircraft. The first condition listed 

to always keep visual eye contact on the LED flight indicator is probably the most important. 

My main objective is to offer aerial real estate and property photography/videography at a competitive rate for 

the general public in the safest way possible.

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Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21 

Along with Sections: 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R . 91.119 (a) (b) & (c) 

14 C.F.R. 91.121 

14 C.F.R. 91.405 (a) 

14 C.F.R. 91.407 (a) (1) 

14 C.F.R. 91.409 (a) (2) 

14 C.F.R. 91.417 (a) & (b) 

The petitioner requests relief from the following regulations: 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness certificates, and airworthiness approvals. 

Section 45.23 (b) prescribes, in pertinent part, that 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. 

 Reason for relief: The body of the 3DR Solo is too small to support this size of markings. 

 Action: The UAS 3DR Solo will be marked with the business name, contact information and 

word “Provisional” made as large as possible. In addition the serial number is listed with the manufacture 

and searchable on the internet.

Section 61.113 (a) & (b) prescribes that— 

 (a) 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; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft. 

 (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

 Reason for relief: (A) & (B) The flights are only incidental to the business of photography 

and videography. This UAS is too small to carry a pilot or passenger and will not carry or deliver any 

personal property for hire. In addition obtaining a private pilot certificate would be an unnecessary 

requirement and/or hardship for the purpose of unmanned aerial photography and videography. 

 Action: The only payload for this exemption is a camera and gimbal stabilization system. 

No other payload/payloads will be allowed. 

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in 

an airworthy condition. 

 Reason for Relief: Airworthy condition is not defined in the 3DR Solo users manual. 

 Action: an airworthy Pre-flight inspection would be checking battery condition/level in both 

the transmitter and UAS. The communication transmitter/receiver feature will not let the 3DR Solo start up 

if communication is not established. A check for power-lines, antennas and other overhead objects would 

be performed. Wind conditions and other meteorological observations would be monitored and be a factor 

for flying. 

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Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft 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. 

 Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft 

Flight Manual. 

 Action: There is a pre-flight instruction that will be followed before every flight included in 

the attached 3DR Solo manual. 

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft. 

(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. 

 Reason for relief: This UAS 3DR Solo quad copter at most times would be operated at 

less than the minimums prescribed in paragraph (b) or (c) of this section. The regulation states that over 

sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, 

vehicle, or structure. Since the typical photo assignment would be photography of real estate structures 

and or other properties it would be necessary to operate closer than 500 feet. 

 Action: Operations will only be flown over property where permission has been obtained 

and careful pre-planning has been performed. If/when the low voltage warning appears on the transmitter, 

the UAS will be landed in a safe manner. Due to the small size and weight of the 3DR Solo, the hazard to 

persons, vehicles and structures is minimal compared to manned aircraft. 

Section 91.121 requires, in pertinent part, 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. 

 Reason for relief: The 3DR is not equipped with an altimeter and can hover within a 10 

foot radius in all directions. There is no minimum cruising speed and it will not be launched from an 

airport. 

 Action: The above ground level height will be less than 400 feet programmed into the 

firmware and never flown out of visual eye contact or at night. 

Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected. 

 Reason for relief: There is no certified inspection facility and the 3DR Solo will not power 

on if it fails it’s on pre onboard tests and startup requirements. 

 Action: In the event that the 3DR Solo needed inspection for any major or intermittent 

problems it would be safer to replace the entire UAS. 

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for 

return to service by a person authorized under section 43.7 of the same chapter. 

 Reason for relief: Replacement of props, motors, and batteries should be allowed by the 

operator. In addition updating firmware/software when required should be allowed. 

 Action: Parts will be genuine factory replacement. Only manufacture approved firmware/

software will be uploaded and installed. 

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Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. 

 Reason for relief: There is no certified inspection facility or process for the 3DR Solo. 

Estimated flight times for photo or video shoots would be less than 25 minutes possibly 2 times a week 

which would be approximately 35 hours of flight time per year. 

 Action: When any flight or intermittent problem become apparent and is not remedied by a 

simple repair the entire UAS would be replaced by the same model. 

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall keep 

the following records for the periods specified in paragraph (b) of this section: 

 Reason for relief: Due to the popularity, simplicity, size and limitation of the 3DR Solo this 

could become an overburden for the owner/operator and any regulating agency. 

 Action: All photo flights for hire would have the date, time, GPS coordinates along with the 

camera metadata recorded in the flight logging feature of the software in the transmitter. This data would 

be kept readily available for reference if needed.

Public Interest: Granting my request would be in the public interest by giving an opportunity for real 

estate and property photographers to offer safer and more competitively priced aerial photography to the 

general public. Granting my request would also promote environmental awareness in that my UAS leaves 

little to no carbon footprint and provides the same aerial photographic and video services that a small 

plane using leaded fuel would have to do leaving a larger carbon footprint. Granting my request would 

support sustainable “green” service that has little to no environmental impact. Granting my request would 

also promote trust and appreciation of the FAA in it’s regulatory efforts for safety in the NAS alongside 

helping people utilize this new technology in pursuit of the American dream. 

Adversely affect safety: This exemption would not adversely affect the safety of the general public 

due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial photography from a 

manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental 

impact. 

Additional view/comments: Being someone who likes to follow the rules and keep what I do 

safe, I want to be able to offer my services as an aerial photographer/videographer to the general public 

being exempt from the above FAA requirements to ensure my clients that the person they are hiring to do 

this aerial photography or videography is acting in accordance to the FAA and certified in doing so. This 

will create a competitive advantage but also keep those who are willing to go through the process the 

integrity in doing so. This will thus protect this growing market of drone based aerial photography to be 

done by those who have the diligence and integrity to abide by the FAA regulations and petition for the 

necessary exemptions. To that, I thank the FAA for their stewardship and oversight of this growing market. 

Respectfully,

Christopher Moeller 

16204 Heather Ct. 

Spring Lake, MI 49456

Cell: 616-843-6048

Email: christopherjmoeller@gmail.com

June 15, 2015

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Flight Usage and Maintenance Log:

Date: Time/Duration: Client or Purpose: Maintenance:

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