2015

Petition for Exemption Pursuant to Section 333 

of the FAA Reform Act

Denison Yacht Sales, Inc.

Petitioner

LEE BORKOWSKI / UAV PILOT COMPANY REPRESENTITVE
Denison Yacht Sales, Inc. 1 | Page

Submitted: August 16, 2015

U.S. Department of Transportation Docket Operations 

West Building Ground Floor, Room W12-140

1200 New Jersey Ave SE, Washington, DC 20590

RE: Petition of Denison Yacht Sales, Inc. for Exemption Pursuant to Section 333 of the FAA 

Reform Act

Introduction and Interest of Petitioner:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95 the 

Reform Act) and 14 C.F.R. Part 11.81, Denison Yacht Sales, Inc. (Petitioner), hereby applies for an 

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

small, unmanned aircraft, which includes a DJI Phantom 2, DJI Phantom 3 and a DJI Inspire 1 for 

Film/Television. All operations shall be conducted within and under the conditions and limitations 

outlined previously by the FAA as required by Section 333 and conducted in compliance with the 

attached operator’s manuals.

The typical low altitude videography and photography that Denison Yachts Sales, Inc. will be conducting 

is off shore of the mainland, our primary subjects will be yachts which our company has for sale and this 

makes us an extremely low risk candidate for Exemption 333.

Name, address and contact info of petitioner:

Attention: Lee P. Borkowski

UAS Pilot/ Company Representative 

Denison Yacht Sales, Inc.

850 Northeast 3rd Street

Dania Beach, FL 33004

954-646-4435

LB@Denisonyachtsales.com
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TABLE OF CONTENTS

PAGE

SUMMARY....................................................................................................................................................1

INTRODUCTION AND INTEREST OF PETTIONER...........................................................................................1

NAME, ADDRESS AND CONTACT INFO OF PETITIONER ...............................................................................1

TABLE OF CONTENTS....................................................................................................................................2

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DENISON YACHT SALES, INC. SEEKS EXEMPTION......3

THE EXTENT OF RELIEF DENISON YACHT SALES, INC. SEEKS AND THE REASON DENISON YACHT SALES, 

INC. SEEKS RELIEF..................................................................................................................................... 3-4

THE REASONS WHY GRANTING THE DENISON YACHT SALES, INC. REQUEST WOULD BE IN THE 

PUBLIC BENEFIT............................................................................................................................................4

THE REASONS WHY GRANTING THE EXEMPTION TO DENISON YACHTS SALES, INC. WOULD NOT 

ADVERSELY AFFFECT PUBLICS SAFETY ..................................................................................................... 5-6

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...............................................................7

ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DENISON YACHT SALES, 

INC. REQUEST...............................................................................................................................................7

CONCLUSION................................................................................................................................................7

APPENDICES (OPERATIONS MANUAL).........................................................................................................8
Denison Yacht Sales, Inc. 3 | Page

1. The specific sections of 14 C.F.R. from which Denison Yacht Sales, Inc. seeks exemption:

a. 14 CFR Part 21, subpart H

I. 61.23(a) and (c)

II. 61.101(e)(4) and (5)

III. 61.113(a)

IV. 61.315(a)

V. 91.7(a)

VI. 91.119(c)

VII. 91.121

VIII. 91.151(a)(1)

IX. 91.405(a)

X. 91.407(a)(1)

XI. 91.409(a)(1) and (2)

XII. 91.417(a) and (b)

2. Extent of Exemption 333 relief sought:

a. Denison Yacht Sales, Inc. desires to operate small Unmanned Aircraft Systems (UAS) for commercial 

purposes to include (but not be limited to) Film/Television and filming for Aerial Data Collection. This 

relief is sought because commercial use of UAS is currently prohibited by law unless performed under an 

exemption.

b. This exemption will cover use of the following registered, marked and commercially proven airframes

which are common to past UAS Exemption 333 approvals, all weighing less than 55 pounds including 

payload and will not exceed speeds of 50 knots:

I. DJI Phantom 2

a. Weight (Battery & Propellers Included) 1000g

b. Hover Accuracy Vertical: 0.8m; Horizontal: 2.5m

c. Max Flight Speed 15m/sec 

d. Diagonal Length 350mm

e. Flight Time 25mins

f. Operating Temperature -10°C ~ 50°C

g. Mode GPS/GLONASS

h. (see www.dji.com/product/phantom-2)

II. DJI Phantom 3

a. Weight (Including Battery and Propellers) 1280 g

b. Diagonal Size (Including Propellers) 590 mm
Denison Yacht Sales, Inc. 4 | Page

c. Hover Accuracy Vertical: +/- 0.1 m or +/- 0.5 m Horizontal: +/- 1.m

d. Max Speed16 m/s (ATTI mode, no wind)

e. Operating Temperature 0°C to 40°CGPS 

f. Mode GPS/GLONASS 

g. (see http://www.dji.com/product/phantom-3)

III. DJI Inspire 1 Model T600

a. Weight (Battery Included) 2935 g

b. Hovering Accuracy (GPS Mode) Vertical: 0.5 m Horizontal: 2.5 m

c. Max Speed 22 m/s (ATTI mode, no wind)

d. Max Flight Time Approximately 18 minutes/22 minutes with large capacity battery

e. Operating Temperature Range 10° to 40° C'

f. Dimensions 438x451x301 mm

g. (see http://www.dji.com/product/inspire-1)

IV. Additional airframes that are acquired in the future by Denison Yacht Sales, Inc. will be 

added to the exemption and COA by future amendments.

c. After receiving an FAA Exemption 333 and COA Denison Yacht Sales, Inc. intends to primarily 

concentrate on Film/Television production for yacht photography and filming of special events related 

to our yachts sales industry. 

3. Several reasons why granting Denison Yacht Sales, Inc. request would be in the public benefit:

a. Use of this UAS technology to obtain images and video are currently obtained by using manned flight 

or manual methods:

i. Reduces human risk of life due to manned aircraft accidents and risks due to other 

dangerous activities that can be avoided (Large booms and rigging failures that can and 

do occur during photography).

ii. Reduces impact on the environment by eliminating hydrocarbon emissions produced by

manned aircraft.

iii. UAS lower the cost of obtaining such film and data, which benefits consumers, creates 

jobs and improves the economy.
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4. The reasons why granting the Exemption 333 to Denison Yacht Sales, Inc. would not adversely 

affect the public’s safety: 

a. Aircraft will be registered and marked in accordance with Section 44711 and Part 47 and Part 45, 

Subpart C.

b. Aircraft will comply with maintenance and inspection requirements of the manufacturer. All repair 

and maintenance work will be conducted or approved by qualified personnel authorized by Denison 

Yacht Sales, Inc. and will require a test flight after such work. Records of all maintenance and repair 

work will be kept in a maintenance log for each aircraft.

c. All flight operations will be conducted by at least two individuals (PIC and observer) who will maintain 

verbal communication with each other at all times during the flight and who will remain stationary on 

the ground during flight operations:

d. A Pilot in Command (PIC) who possess the following credentials:

i. An Airman Certificate issued under 14 CFR 61 (minimum Sport pilot license) screened by 

the TSA

ii. UAV Pilot will hold a valid Driver’s License to comply with the FAA medical requirement

iii. A bi-annual flight review under 14 CFR 61.56

iv. Successful completion of a UAS knowledge test in a specified form.

v. At least 200 cycles and 25 hours of flight experience in a UAS rotorcraft. Such cycles and 

hours may be gained during flights under this exemption if a safe distance is maintained 

from persons in accordance with 14 CFR 91.119

vi. At least five (5) hours of flight experience and three (3) takeoffs and landings in make 

and model being flown in the prior 90 days. Such cycles and hours may be gained during 

flights under this exemption if a safe distance is maintained from persons in accordance 

with 14 CFR 91.119.

e. A Visual Observer

f. A Sensor Operator as necessary

g. All flight operations will be conducted in accordance with valid Certificates of Authorization

h. All flight operations will comply with the following:

i. The manufacturers’ user manuals.
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ii. Denison Yacht Sales, Inc. Flight Operations and Procedures Manual (FOPM) and Aircraft 

Flight Manuals (AFM) which include lost communication and other emergency and 

safety procedures

iii. Conducted in VMC (Visual Meteorological conditions) during daylight hours.

iv. PIC (Pilot in command) and VO (Visual observer) will maintain VLOS (Visual Line of Sight) 

at all times.

v. Pre-flight inspections (including ground control station, if any) and safety risk 

assessments will be conducted prior to each flight.

vi. Flight altitudes will remain below 200 feet above ground level.

vii. Flight ground speeds will not exceed 50 knots.

viii. Flights will not intrude into Class B, C or D airspace, or published approach, SID or STAR, 

or take place within 5 nautical miles of an airport.

ix. Flights will not be made near persons as required in 14 CFR 91.119 and not be over 

persons on the ground without their prior permission.

x. Each flight will be logged in both the PIC’s logbook and the UAV logbook.

xi. Not exceed 75% of the battery or fuel capacity of the UAS.

xii. Any incidents which result in injury to an individual or damage to property other than 

the AUS will be reported within 24 hours of occurrence.

xiii. Denison Yacht Sales, Inc. will maintain liability insurance issued by a major insurance 

underwriter.

xiv. Any applicable local FSDO requirements.

xv. All other applicable regulations concerned with the operation of aircraft.

Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft with well-defined and 

tested lost link procedures.
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Summary that can be published in the Federal Register:

In the matter of the petition for exemption of Denison Yacht Sales, Inc. for an exemption seeking relief 

from the requirements of sections 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and 

(b), concerning commercial Film/Television and filming operation of DJI Phantom 2, DJI Phantom 3, DJI 

Inspire 1 Unmanned Aircraft Systems pursuant to Section 333 of The FAA Modernization and Reform Act 

2012 (PUBLIC LAW 112-95)

Additional information, views, or arguments available to support Denison Yacht Sales, Inc. request

The requested exemption would not set a precedent and in consideration of the speed, weight, size, and 

limited operating area associated with the unmanned aircraft and its operation, Denison Yacht sales, Inc.

operation of DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs meets the conditions of FMRA Section 

333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H.

Conclusion:

Thank you in advance for your time and consideration involved in granting this Exemption. If you need 

any other additional information feel free to contact me.

 

 Sincerely,

Lee P. Borkowski

UAS Pilot/Company Representative

Denison Yacht Sales, Inc.

Cell (954) 646-4435

LB@denisonyachtsales.com 

Sincerely,

Robert Denison

Owner/President

Denison Yacht Sales, Inc.
Denison Yacht Sales, Inc. 8 | Page

Appendices:

A. Operations Manual attached This confidential, proprietary material is property of Florida Drone 

Pros, LLC. We respectfully ask that it remain private and not be shared with the public. It will be 

mailed with the signed original documents.

B. DJI Phantom 2 User’s Manual http://download.djiinnovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

C. DJI Phantom 3 Professional User’s Manual http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en.p

df

D. DJI Inspire 1 User’s Manual http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf