Delphia Entertainment LLC.

Jason Sherman

4316 Sheffield Ave.,

Philadelphia, PA. 19136

215-396-8577

mailto:Jason@DelphiaFilms.com

www.DelphiaFilms.com

June 22, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 

CFR 91.7(a);91.119(c); 91.407(a)(1);91.409(a)(1) and (2); 91.417(a)&(b); C.F.R. 61.113(a(&(b); C.F.R. 

61.133 (a); C.F.R. 91.405 (a). 

To whom it may concern, 

Enclosed please find an exemption application filed on behalf of Delphia Entertainment LLC. under Section 

333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R Part 11 to allow commercial 

operations of unmanned aircraft for aerial photography and videography for the real estate, construction, 

and utilities industries for commercial use, so long as such operations are conducted within and under the 

conditions outlined herein or as established by the FAA in an exemption granted under either Section 333 

or Section 

It is the request of the petitioner for exemptions listed above in order to legally and safely operate the DJI 

Phantom 3 Professional UAS, and a DJI Inspire 1 UAS in the National Airspace System. 

Delphia Entertainment LLC. is a leading production company in Philadelphia, Pennsylvania with an 

extensive background in television production and videography. Delphia Entertainment LLC. proposes to 

use small, lightweight, UAVs and cloud-based software. 

As discussed below, Delphia Entertainment LLC.’s operations under the exemption will be subject to strict 

operating requirements and conditions to ensure at least an equivalent level of safety to currently 

authorized operations using manned aircraft and under conditions as may be modified by the FAA as 

required by Section 333. 

It is the petitioners position that the operations for which exemption is requested are safer and more cost 

effective than using manned aircraft, and for those reasons are in the Public Interest; and would be of 

benefit in identifying areas of operation that may need additional oversight as well as raising public 

awareness and interest in this rapidly growing facet of aviation. 

Because these small UASs will be used in lieu of comparatively hazardous operations now conducted with 

fixed wing and rotary manned aircraft, Delphia Entertainment LLC. respectfully submits that the FAA can 

have confidence that the operations will achieve at least an equivalent level or greater level of safety. 

Approval of this exemption would thereby enhance safety and fulfill 333(c) of the Reform Act to “establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” 
Section 333’s Legal Standard 

Grant of this exemption application for use of the above named UAV’s for purposes of obtaining and 

recording video will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the 

introduction of UASs into the national airspace system (“NAS”) if such integration can be accomplished 

safely. The statutory provision directs the Secretary of Transportation to consider whether certain UASs 

may operate safely in the NAS before completion of the rulemaking required under Sections the Secretary 

of Transportation to consider whether certain UASs may operate safely in the NAS before completion of 

the rulemaking required under Section 332 of the Reform Act. In doing so, 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 

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. (333 emphasis added) 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory, by its 

terms, includes exempting civil aircraft, as the term is defined under 40101 of the Act, from the 

requirement that all civil aircraft must have a current airworthiness certificate and those regulation 

requiring commercial pilots to operate aircraft in commercial service. 

Reform Act 333(a)(1) 

Applicant submits that this provision places a duty on the Administrator to not only process applications 

for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein 

require modification in order to allow approval, to supply conditions for the safe operation of the UASs. 

Delphia Entertainment LLC. requests to consult with the FAA staff to address any issues or concerns that 

they believe may require such modification. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the Administrator finds 

the exemption is in the public interest. 

49 U.S.C 440701(f) See also 49 U.S.C 44711(a); 49 U.S.C 44704; 14 C.F.R 91.203(a)(1). 

The grant of the requested exemption is in the public interest given the clear direction in Section 333 of 

the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent 

level of safety surrounding the proposed operations; and the significant public benefit arising from the use 

of new technology to provide services that are not practical or safe to provide using traditional aircraft. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without 

delay. 

Aircraft and Equivalent of 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 and conditions 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 operations that would be 

conducted with conventional aircraft. These conditions are drawn from Exemptions 11062 through 11067, 

11080, 11109, 11110, 11136, 11138, 11150 and 11153. 

Additional Issues 

Privacy- All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Operations will be where the owners have agreed to all Delphia Entertainment 

LLC.’s activities to take place. In addition, members of the general public will be alerted to the operation of 

UASs at these locations. 

In filing this application, Delphia Entertainment LLC. also requests that the FAA combine the grant of the 

Section 333 exemption with a stand-alone Certificate of Operation (“COA”) that will allow commercial 

operations of DJI Phantom 3 Professional UAS, and DJI Inspire 1 UAS without filing for a COA for each flight. 

Compliance with the conditions agreed herein and that may be imposed by the FAA, as set forth in prior Section 

333 exemptions, provide the separation needed from other aircraft. Notice to airmen and notice to air traffic 

control can be provided by the filing of a NOTAM as set forth within the proposed conditions. 

National Security 

Grant of this exemption will not raise any national security concerns. Given the size, load carrying capacity, 

speed at which they operate and the fact that it carries no explosives or any other dangerous materials, 

the DJI Phantom 3 Professional UAS, and DJI Inspire 1 UAS pose no threat to national security. 

Conclusion 

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 applicants UAVs for the purposes outlined herein and are consistent 

with exemptions already granted, including Exemptions 11062 through 11067, 11080, 11109 through 

11112, 11114, 11136, 11138, 11150 and 11153. 

Given that Delphia Entertainment LLC. is willing to abide by conditions the FAA has required in issuing 

recent Section 333 exemptions, the FAA has a strong basis for prompt consideration and grant of this 

request. 

Please contact Delphia Entertainment LLC. if there are any other questions or concerns. 

Best regards, 

Jason Sherman

Owner 

Delphia Entertainment LLC.
Exemption Request and Equivalent Level of Safety Showings under 

Applicable Rules Subject to Exemption 

Delphia Entertainment LLC. request an exemption from the following regulations as well as any additional 

regulations that may apply to the operations of the DJI Phantom 3 Professional UAS, and a DJI Inspire 1 

UAS. 

14 C.F.R. 61.113(a)(b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations. 

Section 61.113(a)(b) limit private pilots to non-commercial operations. Unlike a conventional aircraft that 

carries a pilot, passengers and cargo, the DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS are 

remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an 

individual with a commercial pilot’s license to be the pilot in command of any aircraft for hire and/or 

compensation. Delphia Entertainment LLC. proposes that operator requirements should take into account 

the characteristics of these particular UAS’s. 

DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS have navigation and control systems capable of 

conducting pre-programmed missions. Flights are pre-programmed with precision GPS guidance and, 

although monitored by the PIC and Observer, do not require human intervention. The aircrafts also can 

operate in guided mode, where the aircraft will fly to a location designated by the operators. In the case of 

an unplanned event, operators can manually intervene and take one of the following actions: 

 Command the aircraft to return and land at the recovery location 

 Command the aircraft to conduct a return to the recovery area where the pilot will assume control 

and land the aircraft 

 Manually assume control of the aircraft via the hand controller and return the craft to the recovery 

area in which the operator land its manually 
Additionally, the automated safety functions and safety enhancing features include the following: 

 Auto-pilot detection of lost GPS initiates GPS failsafe mode, in which the aircraft switches to 

manual control in an altitude hold mode. 

 Low battery power on the aircraft triggers the landing sequence and then the craft will land at the 

current location 

 If the aircraft detects a lost-link to the ground control station, it will return to the launch site and 

land. 

 If the aircraft exceeds an altitude of 400ft AGL or goes more than 2 km from its launch point 

(except if it is in GPS failsafe mode), it will return to the launch point, automatically. 

Given these safety features, Delphia Entertainment LLC. purposes that operators of the UAS’s should not 

be required to hold a commercial pilot certification. Instead, operators should be required to hold only a 

private pilot certification. 

The risks associated with the operation of DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS are so 

diminished from the level of risk associated with commercial operations contemplated by Part 61 with 

conventional aircraft that allowing operations of the UAS’s as set forth above meets and/or exceeds the 

present level of safety provided under 14 C.F.R. 61.113(a)(b) and does not rise to the level of requiring a 

commercial pilot to operate the aircraft under 61.133(a). 

Given these conditions and restrictions, an equivalent level of safety will be provided allowing operation of 

the DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS with a private pilot’s certificate, under the 

conditions set forth in the exemption re, quest. The FAA has, granted exemptions to conduct similar 

operations in Exemptions 11062 through 11067, 11080, 11109, 11110, 11136 and 11138. 

14 C.F.R 91.119: Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. As set forth herein, Delphia 

Entertainment LLC. will never operate at higher than 400 feet AGL. It will, however, be operated to avoid 

congested or populated areas that are depicted in yellow on VFR sectional charts. No flight will be taken 

without the permission of the landowner, all affected individuals will be aware of and will have signed 

waives consenting to the flights. Delphia Entertainment LLC. will ensure that the aircraft will remain at 

least 500 feet away from non-participants unless they are protected from potential hazards by barriers or 

structures. 

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

This regulation 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 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 batteries powering DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS provide approximately 15

minutes of powered flight. Without an exemption from 14 C.F.R. 91.151, the UAS’s flights would not be 

permitted. Because, of the limitations of the DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS, a 

longer time frame for flight in daylight VFR conditions is reasonable. Delphia Entertainment LLC. would not 

initiate flight unless (considering wind and forecast weather conditions) there is enough power to fly at 
normal cruising speed to the intended landing point and land the UAS’s with 25% battery power 

remaining. 

Delphia Entertainment LLC. believes that an exemption from 14 C.F.R. 91.151(a) is safe and within the 

scope of prior exemptions. See exemption 10673. Operating the UAS without 30 minutes of reserve fuel 

does not engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed 

at which the UAS’s operate. In the unlikely event that the UAS’s achieve a low battery status it would 

simply land. Given the UAS’s weight and construction materials, the risks are less than contemplated by 

the current regulation. 

Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 10808, 

10673 and Exemptions 11062 through 11067, 11080, 1110, 11112, 11109, 11138, 11136 and 11150. 

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

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this and shall between required inspections, expect as provided in paragraph (c) 

of this section, have discrepancies repaired as prescribed in part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or 

operator to keep records showing certain maintenance work that has been accomplished by certified 

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. 

Maintenance of the DJI Phantom 3 Professional UAS, and a DJI Inspire 1 UAS will be accomplished by the 

owner/operator pursuant to the manuals attached as confidential exhibits. An equivalent level of safety 

will be achieved because UAS’s are small and light, will carry a small payload, will operate in restricted 

predetermined areas and is not a complex mechanical device. 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 

that is performed; moreover, the operator is the person most familiar with the aircraft and is best suited 

to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has 

granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, 

11112, 11136 and 11138. 

Limitations and Conditions 

The limitations and conditions for which Delphia Entertainment LLC. agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. Operations of the UA is limited to the aircraft described in the attached manuals which are miniature 

rotor aircraft. 

2. The UA may not be flown at an indicated airspeed exceeding 50 knots. 

3. The may be operated an altitude of no more than 400 feet above the ground level. All altitudes reported 

to Air Traffic Control (ATC) must be in feel AGl. 

4. The UA must operate within visual line of sight (VLOS) of the pilot-in-command (PIC) at all times. 

5. All operations must utilize a visual observer. The visual observer (VO) may be used to satisfy the VLOS 

requirements as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or 

her designation for the duration of the flight, The PIC must ensure that the VO can perform the functions 

prescribed in the operator’s manuals. 
6. The manuals must be amended to include all conditions and limitations required by the FAA. The 

manuals must be maintained and made available to the administrator upon request. 

7. The PIC must inspect the UA to ensure it is in a condition for safe flight. If the inspection reveals a 

condition that affects the safe operation of the UA, the aircraft is prohibited from operating until the 

necessary maintenance has been performed, and the UA is found to be in a condition for safe flight. All 

maintenance and alterations will be properly documented in the aircrafts records. 

8. The PIC who conducts the functional test flight after the UAS has undergone maintenance or alterations 

that affect the UAS’s operation, must make an entry in the UAS aircraft record. 

9. The preflight inspection must account for all discrepancies not covered in the relevant preflight 

inspection sections of the operator’s manuals. 

10. The operator must follow the manufacturer’s UA aircraft/component, maintenance, overhaul, 

replacement, inspection and life limit requirements, with particular attention to flight critical components 

that may not be addressed in the manufacturer’s manuals. 

11. The operator must carry out its maintenance, inspections, and record keeping requirements in 

accordance with the manuals. Maintenance, inspection and alterations must be noted in the aircraft 

records, including total flight hours, description of work accomplished, and the signature of the authorized 

technician returning the UAS to service. 

12. The authorized technicians must receive and document training referenced in the manuals. 

13. Each UAS operated under the exemption must comply with all manufacturer system and safety 

bulletins. 

14. Operator’s maintenance personnel must make a record entry in the UAS logbook or equivalent 

document of the corrective action taken against discrepancies discovered between inspections. 

15. The PIC must possess at least a private pilot certificate and a third-class airman medical certificate. The 

PIC must also meet the flight review requirements specified in 14C.F.R. 61.56 as to the UAS. 

16. The operator may not permit and PIC to operate unless that PIC has demonstrated through Delphia 

Entertainment LLC.’s training and currency requirements that the PIC is able to safely operate the UA in a 

manner consistent with how the UAS will be operated under this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

17. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined 

location within or controlled-access property and land or be recovered in accordance with the manuals. 

18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with 

the manuals. 

19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather 

condition) there is enough power to at normal cruising speed to the intended landing point and land the 

UA with 25% batter power remaining. 20. The operator will file a request for a Notice to Airmen (NOTAM) 

not more than 72 hours in advance, but not less than 48 hours prior to operation. 

21. All aircraft operated in accordance with the exemption must be identified by serial number, registered 

in accordance with 14 C.F.R. Part 47 and have identification (N-Number) markings in accordance with 14 

C.F.R. Part 45, Subpart c. Markings must be as large as practicable. 
22. Before conducting operations, the radio frequency spectrum used for operation and control of the UA 

must comply with the Federal Communications Commission (“FCC”) or other appropriate government 

oversight agency requirements. 

23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the ground 

control station of the UAS any time the aircraft is operating. These documents must be made available to 

the Administrator or any law enforcement official upon request. 

24. The UA must remain clear and yield the right of way to all other manned operations and activities at all 

times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang 

gliders, etc.). 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1.All operations must be 

conducted under visual meteorological conditions (“VMC”). The UA may not be operated less than 500 

feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles 

from the PIC. 

27. During operations in Class G airspace, the UA may not operate within 5 nautical miles of geographic 

center of an airport as denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. The letter of agreement with the airport management must be made 

available to the Administrator upon request. 

28. The UA may not be operated over congested or densely populated areas unless the conditions set 

forth in #31 are satisfied. These populated areas include, but are not limited to, the yellow areas depicted 

on World Aeronautical Charts (“WAC”, Sectional Aeronautical Charts (“Sectionals”), or Terminal Area 

Charts (“TAC”). However, it is the PIC’s responsibility to maintain safe altitudes required by 91.119. 

29. Operations must be conducted at least 500 feet from all nonparticipating persons (persons other than 

the PIC or VO), vessels, vehicles and structures unless: 

Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the 

event of an accident. The operator must ensure that nonparticipating persons remain under such 

protection. If nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately; and/or 

The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted 

permission and the PIC has made a safety assessment of the risk of operating closer to those object; and 

Operations near the PIC or VO do not present an undo hazard to the PIC or VO, per 91.119(a). 

30. All operations shall be conducted over private or controlled access property with permission from the 

land owner/controller or authorized representative will be obtained for each flight to be conducted. 

31. In the event COA’s are required, any incident, accident or flight operation that transgresses the lateral 

or vertical boundaries of the operational area as defined by the applicable COA must be reported to the 

FAA’s UAS Integration Office (“AFS-80”) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB”) per instructions contained on the NTSB website : www.ntsb.gov.