(Jordan Leigh Wildlife Imagery)

Owner: Jordan Steffen

920 East 3rd Ave

Mitchell, SD 57301

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 

91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) 

and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR 

Part 11, Jordan L Steffen, operator of an Unmanned Aircraft System (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, 

so long as such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would operate in the following manner: 

  Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

  Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering. 

  Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

  Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers. 

  Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

  The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the 

protection of the persons and property. 

As described fully below, the requested exemption would permit the operation of a UAS under controlled 

conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety 

enhancements to the already safe operations in the industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the 

FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft 

systems in the national airspace system.”

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c) 14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203

14 CFR 91.405 (a) 

14 CFR 91.407 14 CFR 91.409 14 CFR 91.417 
(a) (1) (a) (2) (a) & (b) 

(a) & (b) 

WildFly Video & Photography , will operate the DJI Phantom 3 Professional, with a total weight of 1280g 

or 2lbs 13 oz. The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. Under still 

air the maximum speed is no more than 16m/s or 35mph with a cruising speed of 11m/s or 25mph. The 

DJI Phantom 3 Professional has the ability to hover and move along a vertical and horizontal plane 

simultaneously. The DJI Phantom 3 Professional has four motors, Motor Model DJI 3510, powered by a 

4480mAh 4s LiPo Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, in use. 

The DJI Phantom 3 Professional will be controlled with the C3 remote controller with an operating 

frequency of 2.400GHz – 2.483GHz. The live video feed will have an operating frequency of 2.4GHz ISM 

with maximum range of 1.2 miles. The applicant will operate the UAS in line of sight within a closed off 

and predetermined area owned and/operated by the property representative. 

DJI	Phantom	3	Professional	GENERAL	FEATURES	

  Ready to fly 

  3-axis camera stabilization 

  Precision flight and stable hovering 

  GPS/GLONASS positioning & auto return home 

  Onscreen real-time flight parameters 

  High Definition 4k Camera 

  Camera tilt control 

  Film straight down 

  Supports Adobe DNG RAW 

  Adobe lens profile support 

  Camera parameter settings 

  Album synchronization 

  FAA no-fly zones locked out via installed software 

TRANSMITTER	

  Operating Frequency:2.400 GHz – 2.483 GHz 

  Communication Distance(open area): CE: 2000m; FCC: 2000m 

  Receiver Sensitivity(1%PER):-101dBm +/- 2dBm 

  Transmitter Power: CE: 16dBm; FCC: 20dBm 

  Working Voltage: 1.2A @ 7.4V 

  Battery: 6000 mAh LiPo 2s 

CAMERA	

 HD Recording: 4k p 24/25fps / 720p 60fps DJI	VISION	APP	

  System Requirement of Mobile Device: iOS version 6.0 or above/ Android system version 4.0 

or above 

  Mobile Device Support: Recommended: iPhone4s, iPhone5, iPhone5s, iPod Touch4, iPod 

Touch5; 

Given the small size of the UAS and the controlled environment provided the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the 

  Operating Environment Temperature:	0°C-40°C	

  Max Resolution: 4096 x 2162p @ 24/25fps 

  FOV: 94°/ 85° 

  Sensor size: 1/2.3" 
Requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the 

requested exemption with minimum delay. 

AIRCRAFT	AND	EQUIVALENT	LEVEL	OF	SAFETY	

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. 

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial 

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 

  The UAS will weigh less than 55 lbs. (DJI	Phantom	3	Professional	weighs	1280G	or	2lbs	

13oz)	

  The UAS will have a maximum operating speed of no more than 35mph. 

  Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual 

Observer (VO). 

  Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated 

at 25% battery power reserve or 20 minutes of flight time whichever occurs first. 

  Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned. 

  Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and 

may include but not limited to a Camera Operator. 

  The UAS pilot will be a designated Pilot in Command (PIC) and will take and pass all necessary 

certifications currently being approved by the FAA administration for commercial use. 

  A briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the days’ production activities. 

  All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

  The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference 

Point (ARP) of a tower controlled or uncontrolled airport. The DJI Phantom 3 Professional has 

built in software for all FAA regulated ‘No Fly Zones’ and was uploaded by DJI (February 2015) for 

all DJI drones to download and prevent any possible flights occurring within no-fly zones. DJI 

Phantom 3 Professional has installed software (code) that denies flights within the FAA no-fly 

zones. 

  If operations will be within a 5 mile radius of the geographic center/Airport Reference Point 

(ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted 

advising them of the estimated flight time, flight duration, elevation of flight and other pertinent 

information. 

  The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 

hours but no less than 48 hours from planned operation. 

  The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as required under the FOM. With the advanced permission of the FSDO, 

operations at closer range may be approved. 

  The PIC and VO will have been trained in operation of UAS and receive up-to-date information 

for the particular UAS to be operated. 

  The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

  Written and/or verbal permission and permits will be obtained from territorial, state, county 

or city 

jurisdictions, including law enforcement, fire or other appropriate governmental agencies. 

  If the UAS loses communications with the remote controller or loses GPS signal, the UAS will 

have the capability to return to a pre-determined location within a designated location and land 

autonomously. 

  The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies. 
14	C.F.R.	Part	21,	Subpart	H:	Airworthiness	Certificates	14	C.F.R.	§91.203	(a)	(1)	

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of 

these 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 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. (3 lbs.) fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured and designated area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. The FAA will have advance notice of all 

operations. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the UAS, due to its size, speed of 

operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

14	C.F.R.	§	45.23	(b).	Marking	of	the	Aircraft	

The regulation requires:

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. 

Even though the UAS will have no airworthiness certificate, an exemption will be needed as the UAS will 

have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. 

Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will be placed 

on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS 

as “Experimental.” 

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

Pursuant to 14 CFR 61.113 (a) & (b), 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. An equivalent 

level of safety can be achieved by current Regulations because the applicant’s UAS do not carry any pilots 

or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth in the 

FOM will equate to the safe operation of the UAS. 

14	C.F.R.	§91.7(a):	Civil	Aircraft	Airworthiness.	

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight an 

equivalent level of safety will be provided. 

14	C.F.R.	§	91.9	(b)	(2):	Civil	Aircraft	Flight	Manual	in	the	Aircraft.	
Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 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. The UAS, given its size and configuration has no ability or place 

to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will 

have immediate 

access to it. 

14	C.F.R.	§	91.103:	Preflight	Action.	

This regulation requires each pilot in command to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be 

needed. The PIC will take all actions as stated in the manufacturer FOM in the pre-flight inspection 

section, including but not limited to reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. 

14	C.F.R.	§91.109:	Flight	Instruction.	

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely 

piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via radio communications. The FAA 

has approved exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is 

for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL,

or not more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL 

with the exception that in circumstances where the UAS is used to survey or photograph a structure 

whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest 

point on the structure. It will however be operated in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and participants in the filming activity, 

all affected individuals will be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS 

will ensure separation between these UAS operations and the operations of conventional aircraft that 

must comply with Section 91.119. 

14	C.F.R.	§91.121	Altimeter	Settings.	

This regulation requires 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.” As the UAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight. 

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

Section 91.151 (a) 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 
intended 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 battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes 

in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR 

conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does 

not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of 

the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which 

the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by 

limiting flights to 20 minutes or 25% of battery power— whichever happens first. This restriction would be 

more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating 

area. 

14	C.F.R.	§91.203 (a)	and	(b):	Carrying	Civil	Aircraft	Certification	and	Registration	

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following: (1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of 

this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where 

the pilot flying the UAS will have immediate access to them; to the extent they are applicable to the UAS. 

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very 

limited in size and will carry a small payload and operate only in restricted areas for a limited period of 

time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 

400 feet AGL. 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 performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure 

that the UAS is in working order prior to initiating flight and perform required maintenance needed. 

Additional	Information	

The primary pilot, Jordan L Steffen, has an in-depth understanding of the capabilities and safety concerns 

involved in using this technology as an asset to the community. Satisfaction of criteria provided in Section 

333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested 

exemptions allowing the commercial operation of the applicant’s UAS. 
Sincerely,

Jordan Leigh Steffen