Philip	Madison

208	Anita	Drive

Paducah,	KY	42003

270.392.1952

May	13,	2015

U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

Re:	Exemption	Pursuant	to	Section	333

To	whom	it	may	concern;

I	am	seeking	relief	from	the	following	portions	of	14	CFR’s:

91.7(a)

91.119(c)	

91.121

91.151(a)

91.405(a)

91.407(a)(1)

91.409(a)(1)&(2)

91.417(a)&(b)

I	intend	to	operate	the	DJI	Phantom	1	and	DJI	Phantom	3	Professional	“quad-copter	

style” unmanned	aircraft	systems (UAS)	in	the	western	Kentucky	region	for	the	purpose	

of	aerial	data	collection to	produce	images/video	for	use	in aerial	

videography/cinematography	and	augmenting	real	estate	listing	videos	(or	similar	

operations),	commercial advertisings,	educational	videos,	industrial	training/safety	

programs	and	educational	products.

As	for	my	accreditations with	model	aircraft,	I	am	a	current	and active	member	in	the	

Academy	of	Model	Aeronautics	(AMA)	since March	9,	2005	and	hold	a	AMA	Turbine

Waiver	(#FW	9880)	for	fixed	wing	turbine	powered	aircraft	since	September	12,	2008.		

Over	the	past	several	years	I	have	also	earned	the	status	of	Contest	Director	for	the	

AMA	and	held	the	responsibility	of	numerous	model	aircraft	events	with	zero	incidents.

I	am	currently	employed	in	the	video	production	industry,	with	over	16	years	on	the	job	

experience	in	all	aspects	of	video	production.		It	is	my	intent to	include	the	products	of	

aerial	videography	and	cinematography	from	the	UAS	platform	into	current	production	

work.		Throughout	the	past	two	years	I	have	practiced	at	the	hobby/recreation	level	UAS	
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activities	with	the	DJI	Phantom	1	platform	and	have	accumulated	more	than	40+	hours	

of	flight	time,	WITHOUT	INCIDENT.

Following	are	the	justifications	as	to why	I	am	seeking	relief	from	each	section:

91.7(a)	– It	is	my	understanding	that	no	FAA	regulation	standard	exists	for	determining	

the	airworthiness	of	the	UAS	I	intend	to	operate,	the	regulation	is	inapplicable.

91.119(c)	– The	intended	operations	under	this	exemption	would	need	to	occur	at	

altitudes	fewer	than	400	feet	and	closer	than	500	feet	to	person,	objects	or	structures.

91.121	– The	manufactured	platform	intended	uses	a	barometric	altimeter,	GPS	derived	

altitude	and	ultrasonic	reference	relative	to	ground	capabilities	to	establish	altitude	

while	the	FAA	requires	any	altitude	reported	to	be	in	feet	AGL.

91.151(a)	– The	manufactured	system	does	not	have	the	ability	to	adhere	to	this	

regulation.

91.405(a)	– This	section	does	not	apply	to	UAS.

91.407(a)(1)	– This	section	does	not	apply	to	UAS.

91.409(a)(1)&(2)	- This	section	does	not	apply	to	UAS.

91.417(a)&(b)	- This	section	does	not	apply	to	UAS,	however	it	is	my	intent	to	keep	a	

flight	log	with	basic	information	about	each	activity/flight	of	the	UAS	involved.

It	is	my	intent	to	comply	with	the	following	conditions	of	UAS	operations	for	the	

purpose:

1.		All	operations	authorized	by	this	grant of exemption	are	limited	to	the	platform	

aircraft	as	described in	their	respective	operating	guidelines	and	documents	from	the	

manufacturers for	the	DJI	Phantom	1	and	DJI	Phantom	3	Professional.

2.		Each	aircraft	will	NOT	exceed	55	pounds	in	weight.	(Estimated	approximate	weight	

for	each individual aircraft	is	less	than	4.5	pounds.)

3.		The	UAS	will	not	fly	in	excess	of	an	indicated	airspeed	of	35	knots.

4.		The	UAS	will	be	operated	at	an	altitude	of	no	more	than	400	feet	above	ground	level	

(AGL),	as	indicated by	the	procedures	specified	in	the	operating	documents.

5.		UAS	operations	may	not	be	conducted	during	night,	as	defined	in	14	CFR	1.1.	All	

operations	must	be	conducted	under	visual	meteorological	conditions	(VMC).	All	UAS	
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operations	will	be	conducted	during	a	minimum	of		“fair”	weather	situations	deemed	

safe by	the	operator.

6.		The	UAS	must	be	operated	within	visual	line	of	sight	(VLOS)	of	the	Pilot	In	Command	

(PIC)	at	all	times.		This	requires	the	PIC	to	be	able	to	use	human	unaided	vision	by	any	

device	other	than	corrective	lenses.

7.		ALL	operations	must utilize	a	visual	observer	(VO).		The	UAS	will	be	operated	within	

the	VLOS	of	the	VO	at	all	times.		The	VO	may	be	used	to	satisfy	the	VLOS	requirement	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	the	designation	for	the	duration	of	the	operation.		The	PIC	must	ensure	

that	the	VO	is	capable	to	perform	the	functions	prescribed.

8.		The	operating	documents	and	this	grant of	exemption	must	be	accessible	during	UAS	

operations	and	made	available	to	the	Administrator	upon	request.	lf	a	discrepancy	exists	

between	the	conditions	and	limitations	in	this	exemption	and	the	procedures	outlined	in	

the	operating	documents,	the	conditions	and	limitations	herein	take	precedence	and	

must	be	followed.	Otherwise,	the	operator	must	follow	the	procedures	as	outlined	in	its	

operating	documents.	The	operator	may	update	or	revise	its	operating	documents.	lt	is	

the	operator's	responsibility	to	track	such	revisions	and	present	updated	and	revised	

documents to	the	Administrator	upon	request.	The	operator	must	also	present	updated	

and	revised	documents	if	he	petitions	for	extension	or	amendment	to	this	grant	of	

exemption.	lf	the	operator	determines	that	any	update	or	revision	would	affect	the	

basis	upon	which	the	FAA	granted	this	exemption,	then	the	operator	must	petition	for	

amendment	to	its	grant	of	exemption.	The	FAA's	UAS	lntegration	Office	(AFS-80)	may	be	

contacted	if	questions	arise	regarding	updates	or	revisions	to	the	operating	documents.	

9.		Prior	to	each	flight,	the	PIC	must	inspect	the	UAS	to	ensure	it	is	in	a	condition	for	safe	

flight.	lf	the	inspection	reveals	a	condition	that	affects	the	safe	operation	of	the	UAS,	the	

UAS	is	prohibited	from	operating	until	the	necessary	maintenance	has	been	performed	

and	the	UAS	is	found	to	be	in	a	condition	for	safe	flight.	The	Ground	Control	Station	

must	be	included	in	the	preflight	inspection.	All	maintenance	and	alterations	must	be	

properly	documented	in	the	aircraft	records.	

10.		Any	UAS	maintenance	or	alterations	that	affect	the	UAS	operation	or	flight	

characteristics,	e.g.	replacement	of	a	flight	critical	component,	must	undergo	a	

functional	test	flight.	The	PIC	who	conducts	the	functional test	flight	must	make	an	entry	

in	the	aircraft	records.	

11.		The	operator	must	follow	the	UAS	manufacturer's	aircraft/component,	

maintenance,	overhaul,	replacement,	inspection,	and	life	limit	requirements.

12.		The	operator	must	carry	out	its	maintenance,	inspections,	and	record	keeping	

requirements,	in	accordance	with	the	operating	documents.	Maintenance,	inspection,	
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and	alterations	must	be	noted	in	the	aircraft	records,	including	total	flight	hours,	

description	of	work	accomplished,	and	the	signature	of	the	authorized	person	returning	

the	UAS	to	service.	

13.		Each	UAS	operated	under	this	exemption	must	comply	with	all	manufacturer	Safety	

Bulletins.	

14.		The	UAS may	not	operate	within	5	nautical	miles	of	an	airport	reference	point	as	

denoted	on	a	current	FAA-published	aeronautical	chart.

15.		The	UAS	may	not	be	operated	less	than	500	feet	below,	or	less	than	2,000	

horizontally	from	a	cloud	or	when	visibility	is	less	than	3	statute	miles	from	the	PIC.

16.		If	the	UAS loses	communications	or	loses	its	GPS	signal,	it	must be	designed	to

return	to	a	pre-determined	location	within	the	planned	operating	area	and	land	or	be	

recovered	in	accordance	with	the	operating	documents.	

17.		The	PIC	must	abort	the	flight	in	the	event	of	unpredicted	obstacles	or	emergencies	

in	accordance	with	the	operating	documents.	

18.		The	PIC	is	prohibited	from	beginning	a	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 with	25%	battery	power	remaining.	

19.		All	aircraft	operated	in	accordance	with	this	exemption	must	be	identified	by	

manufacturers	applied	and	recorded	serial	number.

20.		Before	conducting	operations,	the	radio	frequency	spectrum	used	for	operation	and	

control	of	the	UAS must	comply	with	the	Federal	Communications	Commission	(FCC)	or	

other	appropriate	government	oversight	agency	requirements.	

21.		Documents	relating	to	the	manufactures	operating	manual,	usage	guide,	

maintenance	recommendations	and	granted	exemption	notice	must	be	available	to	the	

PIC	at	all	times.		These	documents	must	be	made	available	to	the	Administrator	or	any	

law	enforcement	official	upon	request.

22.		The	UAS	must	remain	clear	and	yield	the	right	of	way	to	all	manned	aviation	

operations	and	activities	at	all	times.	

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

24.		The	UA	may	not	be	operated	over	congested	or	densely	populated	areas	without	

prior	notice	of	activity	and	purpose	to	responsible	party	involved.

25.		All	operations	shall	be	conducted	over	private	or	controlled-access	property	with	

permission	from	the	land	owner/controller	or	authorized	representative.	Permission	
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from	land	owner/controller	or	authorized	representative	will	be	obtained	for	each	

operation to	be	conducted.	

26.		The	operator	must	have	a	motion	picture	and	television	operations	manual	

(MPTOM)	as	documented	in	this	grant	of	exemption.

27.		At	least	3	days	before	aerial	filming,	the	operator	of	the	UAS	affected	by	this	

exemption	must	submit	a	written	Plan	of	Activities	to	the	local	Flight	Standards	District	

Office	(FSDO)	with	jurisdiction	over	the	area	of	proposed	filming.	The	3-day	notification	

may	be	waived	with	the	concurrence	of	the	FSDO.	The	plan	of	activities	must	include	at	

least	the	following:	

1. Dates	and	times	for	all	flights;	

2. Name	and	phone	number	of	the	operator	for	the	UAS	aerial	filming	conducted	

under	this	grant	of	exemption;	

3. Name	and	phone	number	of	the	person	responsible	for	the	on-scene	operation	

of	the	UAS;	

4. Make,	model,	and	serial	or	N−Number	of	UAS	to	be	used;	

5. Name	of	UAS	PICs	involved	in	the	aerial	filming;	

6. A	statement	that	the	operator	has	obtained	permission	from	property	owners	

and/or	local	officials	to	conduct	the	filming	production	event;	the	list	of	those	

who	gave	permission	must	be	made	available	to	the	inspector	upon	request;	

7. Signature	of	exemption	holder	or	representative;	and	

8. A	description	of	the	flight activity,	including	maps	or	diagrams	of	any	area,	city,	

town,	county,	and/or	state	over	which	filming	will	be	conducted	and	the	

altitudes	essential	to	accomplish	the	operation.	

28.		Flight	operations	may	be	conducted	closer	than	500	feet	from	participating	persons	

consenting	to	be	involved	and	necessary	for	the	filming	production,	as	specified	in	the	

exemption	holder’s	MPTOM.	

28.		Any	incident,	accident,	or	flight	operation	that	transgresses	the	lateral	or	vertical	

boundaries	of	the	operational	area	as	defined	by	the	within	this	operational	exemption	

must	be	reported	to	the	FAA's	UAS	lntegration	Office	(AFS-80)	within	24	hours.	

Accidents	must	be	reported	to	the	National	Transportation Safety	Board	(NTSB)	per	

instructions	contained	on	the	NTSB	Web	site:	www.ntsb.gov.	
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Along	with	this	petition,	I	submit	the	following	for	review	as	indicators	for	operation	of	

the	UAS	prescribed	for	approval	in	this	exemption:

-DJI Phantom	Flying	Flow	Chart

-DJI	Phantom	Quick	Start	Manual

-DJI	Phantom	User	Manual

-DJI	Phantom	3	Professional	Quick	Start	Guide

-DJI	Phantom	3	Professional User	Manual

-Proposed	Motion	Picture	and	Television	Flight	Operation	Manual

If	more	information	or	documentation	is	needed	to	approve	this	exemption for	the	

intended	use	of	the	UAS,	please	contact	me	at	270.392.1952.

Thank	you,

Philip	Madison