U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Avenue 

SE Washington, DC20590 

February 17,2016 

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

FAA Regulations and certain parts oftheFARs. 

Dear Sir or Madam: 

Request: 

In order to provide safe and environmentally-friendly aerial videography and 

photography for public and business interests, I, David W. Lamb, pursuant to Section 333 

of the FAA Modernization and Reform Act of2012 ("FRMA"), would like to formally 

submit for exemptions from the following Section 333 regulations: 

• 14 C.F.R. Part21 

• 14C.F.R. 45.23(b) 

• 14C.F.R. 61.113(a) and (b) 

• 14 C.F.R.91.7(a) 

• 14C.F.R. 91.9(b)(2) 

• 14C.F.R. 91.119(c), 

• 14 C.F.R. 91.121 , 

• 14 C.F.R. 91.15l(a)(l), 

• 14C.F.R. 91.203(a) and (b), 

• 14C.F:R. 91.405(a), 

• 14 C.F.R. 91.407(a)(l), 

• 14 C.F.R. 91.409(a)(l) and (2), 

• 14C.F.R. 91.417(a) and (b) 

I am requesting these exemptions so that I may safely operate the DJI Phantom 3 

Professional UAS commercially along the guidelines ofthe accompanying operator's 

manual as well as FAA guidelines for UAS flight. 

Proposed UAS and Operations 

The DJI Phantom 3 Professional weighs 2.8 pounds, will always be flown under 400 

feet limited via software by its GPS and barometric sensors, is electrically powered by a 

lithium ion battery, carries no combustible fuel or crew, and will be transported in 

proper storage to and from all flight areas (in accordance with FAA guide! ines ). 
The aforementioned proposed exemptions would allow me to operate the DJI Phantom 3 

Professional UAS for commercial purposes of aerial videography and photography as a 

service to public and business interests, including: real-estate photography and 

videography, wedding and private individual photography and videography, public and 

commercial photography and videography, and agricultural photography and 

videography. All privileges will be exercised within the borders of the continental 

United States. 

As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved 

similar use ofthe DJI Phantom 3 Professional UAS. These particular UAS have been 

proven reliable and safe flying machines managed by gyroscopically-stabilized flight, 

ground detection, GPS-aided navigation, a built-in compass, blinking LED lights, a 

manual and automatic failsafe "Return To Home" mode for returning to the point of 

takeoff, and propeller guards in order to protect both the UAS and the environment. This 

particular model combines state-of-the-art, proven technology with high quality 

manufacturing and user-friendly control to ensure safe operation and easy maintenance 

and care. 

Specific section(s) of 14CFR which I seek relief and the reason(s) I seek relief: 

14 C.F.R. Part 21: Airworthiness Certificates 

Given the size and limited operating area associated with the UAS to be utilized, an 

exemption from Part 21 meets the requirements of an equivalent level of safety under 

Part 11 and Section 333 ofthe Reform Act. As evidenced in Exemption No. 12045, "in 

all cases, an analysis ofthese 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 conventional aircraft operating with an airworthiness 

certificate without restrictions andconditions proposed." 

14 C.F.R. 45.23: Display ofmarks: general 

Because the Dn Phantom 3 Professional does not have a cabin, cockpit, pilot station, 

fuselage, boom, or tail on which to mark large words, numbers, or phrases, I request 

exemption from the above regulation. However, in efforts to comply with the above 

regulation I will affix my registration number ( FA3R9YYNMC) to the outside ofthe 

aircraft in letters/numbers large enough to inspect easily. 

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

Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial 

operations. However, I am able to achieve an equivalent level of safety through current 
FAA regulations ofUAS operation without such a certification because of the above 

mentioned safety features ofthe DJI Phantom 3. According to Exemption No. 12045 in 

which the DJI Phantom 3 Professional was authorized for similar operation, "The FAA 

has previously declared that additional manned airship experience of a commercially 

certified pilot would not correlate to the airmanship skills necessary for similarly 

proposed operations in previously issued exemptions to this regulation through 

Exemption Nos. 11062 and 11138." Therefore, bearing any pilot certification or license 

will not ensure remote piloting skills of a UAS; the risks of operating this UAS are far 

Jess than the risk levels inherent in commercial activities with traditional aircraft given 

the DJI Phantom's safety features and the limited range and speed ofthe UAS. The FAA 

has approved a similar exemption to the above rule as evidenced in Exemption No. 

12058. 

14 C. F R 91. 7: Civil aircraft airworthiness 

Currently there is no certificate applicable to this UAS, and therefore it will be up to 

myself, David Lamb, to determine the airworthiness of the DJI Phantom 3 in accordance 

with its official operating manual. Written and signed pre and post-flight inspections of 

the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet 

devices, a compass calibration and properly ensured GPS locks as indicated by the DJI 

Phantom's display of "Safe to Fly" message will be performed before and after each 

flight, accurate records of which will be kept with the UAS's storage and transportation 

system at all times. These records will be dated and will include the total flight time of 

each flight. 

14 C.F.R. 91.9 (b)(2): Civil aircraftjlight manual, marking, and placard requirements 

As evidenced in Exemption 12045, since there are "no pilots or passengers on board this 

aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a safety/flight manual with the operator." In addition to 

the official safety/flight manual provided by DJI upon purchase of the Phantom 3, 

following the FAA regulations for UAS operations will ensure a high level of safety. 

14 C.F.R. 91.119(c): Minimum safe altitudes 

I, David Lamb will ensure that the UAS does not operate any higher than 400 feet at 

ground level by setting the maximum altitude at 400 feet in DJI's pilot application and 

ensuring this is set before each flight as part of the pre-flight inspection. I will not fly 

over congested areas or directly above unprotected people or moving vehicles. I will plan 

operations before hand for proper flight safety and proper height analysis as to avoid 

collisions. The GPS and barometric sensors equipped on the DJI Phantom 3 will ensure 

accurate altitude readings, the output of which will be fed to my tablet device in real time 

as I operate the UAS. 
14 C.F.R. 91.121: Altimeter settings 

The Dn Phantom 3 utilizes the latest GPS technologies as well as a barometric sensor 

with live data output to the tablet device attached to the transmitter. An equivalent level 

of safety and accurate altimeter telemetry will be achieved by using this. 

14 C.F.R. 91.151 (a)(l): Fuel Requirements/or flight in VFRconditions 

The DJI Phantom 3 is electrically-powered by lithium ion batteries which are made by 

DJI specifically for this particular UAS. They are rated as providing no longer than 25 

minutes of flight time. Therefore, due to the limitations ofthe batteries, it is currently 

impossible to comply with part 91.151. 

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required 

Currently, there are no procedures for providing airworthiness certificates for the 

mentioned UAS. I, David Lamb, however will always fly safely while having the 

manuals ofthe DJI Phantom 3 and abiding by FAA regulations for UAS operation. 

14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after 

maintenance, preventive maintenance, rebuilding, or alteration, 14 C. F. R. 91. 409( a) (l) 

and (2): Inspections & 14 C.F.R. 91.41 7 (a) and (b): Maintenance records 

Maintenance inspections may be required and should be granted since they apply to 

aircraft with an airworthiness certificate. However I, David Lamb, will perform both 

preflight and post-flight inspections of the UAS before and after each flight as outlined in 

the operating documents. I, David Lamb, will also follow manufacturer recommendations 

from said operating documents and keep a written record of any maintenance done to the 

UAS. 

Public Interest and Public Safety: 

Aerial photography and videography provided to the public allows for a more 

Cost-effective, safe, and environmentally-friendly method to capturing imagery than its 

alternative: manned aircraft and helicopters. The latter are expensive to operate and 

maintain, create a high level of noise, and are much more hazardous due to size and 

combustible fuel - especially if flown at low altitudes required for some operations. I, 

David Lamb, in addition to using my UAS for commercial endeavors, will also gladly 

offer my services free of charge upon request and with proper coordination to any official 

search and rescue or emergency services organization to benefit the public. Because of 

this, an increase of commercial activity and a gaining of more detailed understanding of 

private and/or farm land would help local and area communities by: reducing pollution, 

risk, and operating costs by alternative aerial video and photography services such as 

manned airplanes and helicopters, reducing carbon ~missions and traffic congestion by 

vehicles looking to view properties such as real-estate or farm land, and increase visibility 

to local attractions thereby bolstering local commerce and tourism. 
Given that there is no fuel and no crew on this UAS, that it weighs under three pounds and 

has propeller guards, as well as having a low maximum speed (less than 25mph), safe 

operation of this craft does not pose any immediate danger to the environment, wildlife, 

infrastructure or people. DJI has built in a "No Fly Zone" for major cities and points of 

interest that have registered as a "do not fly zone." Operation of the Phantom 3 cannot 

happen in these locations, as any flight capabilities becomes blocked by the UAS itself if 

within range and the operator is notified. Given its GPS and ground-sensing capabilities, 

a failsafe "Return To Home" mode will safely return the craft to the operator at the push 

of a single button or automatically when the craft is either low on power or operating 

outside of its transmitter's range. This ensures that the craft will not remain airborne in 

unsafe conditions and pose any public danger. 

Summary 

I, David W. Lamb, am seeking exemption from the following rules: 14 C.F.R. Part 21, 

14 C.F.R. 45.23(b), 14 C.F .R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 

C.F.R. 91.1 19(c), 14 C.F.R. 91.121, 14 C.F.R. 91.15l(a)(l), 14 C.'F.R. 91.203(a) and 

(b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(l), 14 C.F.R. 91.409(a)(l) and (2), 14 

C.F.R. 91.417(a) and (b). With the exemptions ofthe mentioned rules I, David Lamb, 

will be seeking to make my UAS photography/videography services available to public 

and commercial interests. The FAA has authorized similar operations under Exemption 

Nos. 12045 and 12053. Alternatively, public and commercial interests had previously 

sought the use of manned aircraft to achieve what I can offer in a safer, more costefficient and environmentally-friendly manner by not using combustible fuel, flying at 

safe heights and strictly following the usage recommendations from DJI. These include 

but are not limited to: 

• Flying the DJI Phantom 3 safely in accordance with its operator's manual 

• Always flying below 400 feet, using the DJI Phantom's altitude limiter to ensure this. 

• Completing thorough inspection ofUAS before and after flights and keeping inspection 

records with the craft at all times 

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

• Using an observer to assist ifneeded 

• Remaining safely clear of and do not interfere with manned aircraft operations 

• Not flying directly over unprotected persons or moving vehicles 

• Not flying within 5 miles of an airport or control tower 

• 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 thank you for your time and effort in processing this request and look forward to 

cooperating with the FAA in its continued commitment for the safe operation of UAS. 

Sincerely, 

David Lamb 

900 Oak St. 

Junction city Oregon 97448 

daveandkimlamb@comcast.net 

541-513-4474