August 20th, 2015

Christopher Gibbs

Alloy Design

1084 Main Street

Melrose, Ma. 02176

508-241-0202

chrissgibbs1976@gmail.com

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave, SE

Washington, DC 20590

Summary for publishing in the Federal Register

Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012:

Petitioner is seeking an exemption from the following Federal Aviation Regulations:

14 CFR Part 21, Subpart H; 14 CFR Part 36 ; 14 CFR § 45.23 ; 14 CFR Part 61 ; 14 CFR § 91.7 ;

14 CFR § 91.9; 14 CFR § 91.103; 14 CFR § 91.105; 14 CFR § 91.109 ; 14 CFR § 91.119 ;

14 CFR § 91.121; 14 CFR § 91.151; 14 CFR § 91.203; 14 CFR § 91.207;

14 CFR Part 91, Subpart E

RE: Exemption Request – Section 333 of the FAA Modernization and Reform Act of 2012

Attachments:

1) DJI Phantom 3 Professional User Manual

2) PDF Gallery of work.

Dear Sir or Madam,

The purpose of this letter to you today is to petition the Federal Aviation Administration for an 

exemption from certain Federal Aviation Regulations in order for Christopher Gibbs to operate an 

Unmanned Aerial System (UAS) on behalf of Alloy Design to perform aerial photography and video

services for a variety of commercial and research applications including fine art publishing and printing, 

stock photography/videography sales, regional tourism development, corporate, private and charitable 

events and certain scientific and educational causes that have taken significant interest in the service

only a UAS can provide. 

As an experienced hobbyist pilot with more than 80 hours of flight time on the particular, 

serialized and specific aircraft that is the subject of this petition alone and In accordance with the FAA’s 

Guidelines for Submitting a Petition for Exemption under Section 333 of the FAA Modernization and 

Reform Act of 2012, the petitioner submits the following information with our request:

Description of Operations

A. The UAS that is the subject of this Petition

B. The Pilot in Command

C. UAS Operating Parameters and Intended Flight Profile.

D. Sections of 14 CFR from Which Petitioner is Seeking an Exemption

E. Extent of Relief Sought and Reasons for Seeking the Exemption

F. How this request would benefit the public / Gallery of Work

G. Why this exemption will not adversely affect public safety.

H. Conclusion
A: The UAS that is the subject of this Petition.

Alloy Design currently owns a DJI Phantom 3 Professional including the DJI factory mounted camera, 

along with the associated remote control unit, and DJI Vision app for iPad which provides a first person 

view of what the camera is seeing in real time. This unit is a quad-copter with an advertised weight of 

2.82 pounds (including battery and propellers) and measures 23 inches diagonally with the propellers. 

Similar units have been the subject of prior exemptions by the FAA (examples include: Brian M. Walk / 

Unmanned Aerial Solutions, Exemption No. 11445, Regulatory Docket No. FAA-2015-0143; Daniel Achatz 

/Exemption No. 11434, Regulatory Docket No. FAA-2015-0201). 

The associated remote control unit utilizes an operating frequency of 2.400 GHz – 2.483 GHz. The

communication distance between the remote control unit and the Phantom is 3.1 miles with no 

obstructions or interference. The UAS also is equipped with multiple fail-safe features including 

redundant return-to-home modes in the event that the link between the aircraft and the remote control 

ground station is lost. The UAS can operate for approximately 18-23 minutes on a fully charged battery.

B. The Pilot in Command.

The UAS Pilot in Command has been in the advertising and marketing industry for 15 years with lifelong 

interests in art and flight. Over the last two years a significant public interest in the petitioner’s

photography has developed and the petitioner would like to expand the menu of services offered not 

only to his clientele but to the public at large. UAS videography/photography isn’t just an 

unquestionably unique form of art but also an extraordinarily practical means to an end as far as 

manpower and safety when it comes to commercial applications like roof inspections.

.

C. UAS Operating Parameters and Intended Flight Profile.

1. All flights will be flown below 400 feet.

2. All flight will be flown only when visibility is greater than three miles.

3. All flights will be flown and during daylight hours only.

4. The Pilot in Command will have direct line of sight visual observation of the UAS at all times, and will 

operate the UAS only within direct line of sight.

5. There will be times when the UAS is flown in close proximity, within 5-10 feet of the structure under 

construction or a completed building. When this occurs, the UAS will be operated at a hover.

6. Prior to the start of a flight, a pre-flight checklist will be thoroughly completed. This includes verifying 

a GPS lost-link procedure which will safely return the UAS in the event of a loss of communication 

between the aircraft and the remote control, as well as other standard safety checks and compass 

calibration as recommended by the manufacturer. Specific weather conditions are also addressed at this 

time, and the UAS will not be flown in adverse weather conditions, such as wind or precipitation.

7. If the need arises for a flight to be within 5 miles of an airport, the flight will only occur after 

permission has been granted by the appropriate control tower.
D. Sections of 14 CFR from Which Petitioner is Seeking an Exemption

14 CFR Part 21, Subpart H Certification procedures for products and parts, Airworthiness Certificates

14 CFR Part 36 Noise Standards; Aircraft Type and Airworthiness Certification

14 CFR § 45.23 Display of marks; general

14 CFR Part 61 Certification: Pilots, Flight Instructors and Ground Instructors

14 CFR § 91.7 Civil Aircraft Airworthiness

14 CFR § 91.9 Civil Aircraft Flight Manual, Marking and Placard Requirements

14 CFR § 91.103 Preflight Action

14 CFR § 91.105 Flight Crewmembers at Stations

14 CFR § 91.109 Flight Instruction

14 CFR § 91.119 Minimum Safe Altitudes: General

14 CFR § 91.121 Altimeter Settings

14 CFR § 91.151 Fuel Requirements for Flight in VFR Conditions

14 CFR § 91.203 Civil Aircraft: Certifications Required

14 CFR § 91.207 Emergency Locator Transmitters

14 CFR Part 91, Subpart E Maintenance, Preventive Maintenance and Alterations

E. Extent of Relief Sought and Reasons for Seeking the Exemption

14 CFR Part 21, Subpart H – FAR Part 21 establishes the procedures for issuance of certificates of 

airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701 (b), the

FAA may exempt aircraft from airworthiness certification. The petitioner requests an exemption from 

the requirements of this part because the size, weight, speed, operational capability and proximity to 

airports in which the UAS will be flown pose significantly less of a risk than those risks posed by 

conventional aircraft. Manned aircraft pose risks to the life and safety of the crew; that is not a 

consideration with the subject UAS. Risks to third parties are also minimized given the lightweight and 

slow speed at which the subject UAS would operate. Nor are there risks of fuel spilling or fire in the 

event of an accident. The aircraft is also frangible. Because of these factors, the petitioner requests 

that the FAA waive the requirement that the subject UAS require an airworthiness certificate.

14 CFR Part 36 – FAR Part 36, Subparts A, F and O establish certain noise standards for certification of 

various aircraft types. Because the subject UAS would not have an airworthiness certificate, and given its 

small size and minimal noise impact, the petitioner requests an exemption from FAR Part 36.

14 CFR § 45.23 – FAR 45.23 establishes marking requirements for aircraft; paragraph (b) mandates the 

registration number be displayed in letters not less than two inches in height. The subject UAS is too 

small to accommodate the type-size requirement. The petitioner request and exemption from this part.

14 CFR Part 61 – FAR Part 61 sets forth the certification requirements for pilots. Because the subject

UAS would not have an airworthiness certificate, and given its small size and minimal risk factor, the 

petitioner requests an exemption from FAR Part 61, that would allow him to operate the subject UAS for 

aerial video and photography projects. Requiring a private/commercial/sport pilot’s license to operate 

the UAS is not in the interest of the public as that pilot would be considerably less experienced on the 

UAS airframe in question than the petitioner. Because the primary operations are photographic in 

nature and the UAS has only a single control unit, having two people operate one controller (pilot and 

photographer) is dangerous and not in the interest of the public. 

14 CFR § 91.7 – FAR 91.7 – (a) No person may operate an aircraft unless it is in an airworthy condition.

To the extent that “airworthy” is defined as requiring an airworthiness certificate, the petitioner 

requests an exemption from this FAR for the same reasons ad identified in petitioner’s request for an 

exemption of 14 CFR Part 21, Subpart H. Petitioner will not, however, operate the subject UAS if it is not 

in a condition for safe flight, as required under FAR 91.7 (b).
14 CFR § 91.9 – FAR 91.9 – requires that all aircraft have certain markings, placards and on-board flight 

manuals. Petitioner requests an exemption from this requirement for the same reasons as stated in in 

petitioner’s request for exemption under 14 CFR Part 21, Subpart H.

14 CFR § 91.103 – FAR 91.103 – mandates certain pre-flight action. Petitioner will take all necessary preflight action, but requests an exemption from this requirement based on the interpretation of this 

requiring pre-flight actions that are appropriate to manned aircraft only.

14 CFR § 91.105 - FAR 91.105 – requires that crewmembers be at designated stations, with safety belts 

fastened, etc. Petitioner requests an exemption to this due to the fact that the subject UAS is 

unmanned.

14 CFR § 91.109 – FAR 91.109 – requires that persons operating an aircraft for flight instruction may not 

do so unless that aircraft has fully functioning dual controls. Petitioner requests an exemption due to the 

fact that the subject UAS does not have a second controller or dual control capability, which is 

consistent with other, similar UAS units.

14 CFR § 91.119 – FAR 91.119 – indicates the minimum safe altitudes over various areas. Petitioner 

requests an exemption to this, due to the fact that the subject UAS is intended to be a low-flying device 

in order to capture aerial video and photography.

14 CFR § 91.121 – FAR 91.121 – requires various altimeter settings in order to maintain a level flight.

Petitioner requests an exemption from this FAR as the subject UAS will not have an altimeter that 

matches the requirements of this FAR. Altitude will be monitored through the DJI Vision app, and the 

unit will be kept below 300 feet as designated by the indications within that app.

14 CFR § 91.151 – FAR 91.151 – sets forth requirements for amount of fuel on any given flight.

Petitioner requests an exemption from this FAR because the subject UAS operates on battery power. 

The subject UAS will only be operated when there is a minimum of 5 minutes of battery power 

remaining.

14 CFR § 91.203 – FAR 91.203 – requires that a civil aircraft have an airworthiness certificate and a 

registration certificate. Petitioner requests an exemption from this FAR because of the reasons stated in 

petitioner’s request for an exemption under 14 CFR Part 21, Subpart H.

14 CFR § 91.207 – FAR 91.207 – prohibits operation of a US – registered aircraft unless it is equipped 

with an emergency locator transmitter. Given the limited distance of flights with the subject UAS, and 

the fact that it will be flown with direct line of sight visibility, petitioner requests an exemption.

14 CFR § Part 91, Subpart E – requires that owners or operators of aircraft have the aircraft inspected at 

certain intervals, and by certain mechanics. Petitioner requests an exemption from this Subpart because 

the subject UAS has a maintenance and trouble-shooting program that is best executed by the

owner/operator and is different from that of manned aircraft.
F. How this request would benefit the public

The general use of UAS for Aerial photography and video benefit the public in a variety of ways. First 

and foremost, the use of UAS for aerial and video production would normally require the use of a 

traditional manned airplane or helicopter and add to the congestion of FAA airspace. Secondly, the use 

of low-flying and slow moving UAS reduces the emissions and overall environmental impact that would 

be associated with completing the same task with a traditional aircraft. Thirdly, as the aircraft weighs 

less than 3 pounds, is frangible, travels at low speeds and is flown at an altitude much lower than larger 

manned aircraft, the safety of the general public is greatly enhanced as is the safety of the subject 

matter of the photography and video on the ground. Fourthly, the UAS has no manned crew or

flammable fuel on board and is considerably safer to operate for the pilot, the subject matter, the 

environment, and the general public than traditional heavy, high speed, fueled and manned aircraft. 

The specific use of a UAS for Aerial photography and video as proposed by the petitioner benefits the 

public in even more ways. Safety comes first. As a practical matter, the use of a UAS for roof 

inspections and real estate photography is considerably safer for an inspector than setting up scaffolding 

and accessing a roof, chimney, etc manually. According to OSHA and the U.S Department of Labor 

fatalities from falls are the #1 cause of death in the roof and construction inspection industry. The 

proposed use of a UAS for such applications is therefore a significant benefit to the public, the property 

owner, and the industry as a whole.

The specific use of a UAS for Aerial photography and video proposed by the petitioner as an art form 

also benefits the public. Low level, low speed aerial photography, as provided by a UAS allows the 

petitioner to photograph subjects normally inaccessible to traditional aircraft or ground level 

photographers and is thereby inherently in the public interest as evidenced by the significant demand of 

such work. The use of a UAS is an extraordinarily valuable marketing tool that will ultimately lead to 

increased business for not only the petitioner but for other local businesses associated with the 

production of the final video and photographic outputs. The use of a UAS is also an extraordinarily 

valuable marketing tool for the charitable, scientific, and educational causes the petitioner would like to 

offer services to. Please see the attached gallery of the petitioner’s recent work.

G. Why this exemption will not adversely affect public safety.

The petitioner is concerned first and foremost with safety. A pre-flight checklist is performed prior to 

each flight to ensure the subject UAS is working properly before taking flight. Because the subject UAS is 

frangible, battery powered and does not carry any flammable fuels, there is virtually no risk of fire in the 

event of an accident. 

The subject UAS is a very small aircraft, weighing less than 3 pounds (less than your average bird), and 

the likelihood of damage to property or injury to an individual in the event of a mishap is extremely low.

The unit has a number of redundant lost-link systems to ensure the UAS will return to home or land 

should communication be lost. The risk associated with using the subject UAS in video and photo 

production is significantly lower than the risk of traditional aerial photography using an airplane or 

helicopter. 

Conclusion.

The petitioner would like to thank the FAA for considering our request. Please do not hesitate to contact 

us if there is a need for additional information.

Respectfully Submitted,

Christopher Gibbs / Alloy Design