Docket Operations, M-30: US Department of Transportation (DOT)

1200 New Jersey Ave, SE., 

Room W12-140, 

West Building ground Floor

Washington DC, 20590-0001

July 21, 2015

To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, 

Phantom Aerial, LLC, operator of Unmanned Aircraft Systems ("UAS") for the purposes of photography, 

videography, real estate, property inspection, inspection of infrastructure, emergency response 

operations, marketing, film and television, event promotion and a variety of other industries hereby 

applies for an exemption for the listed Federal Aviation Regulations to allow commercial operation of its 

UAS’s, 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. 

As described more fully below, the requested exemption would permit the operation of small UAS under 

controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) 

would provide safety enhancements to the already safe operations in the industries presently using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the FAA 

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

systems in the NAS.” Section 333(c) of the Reform Act. 

The name and address of the applicant is:

Phantom Aerial, LLC

Shane Nelson

Phone: (231) 342-5618

Email: phantomaerial@gmail.com

Address: 10737 S Timberlee Dr.

Traverse City, MI 49684

Sincerely, 

Shane Nelson

Phantom Aerial LLC, Member
BACKGROUND INFORMATION

Phantom Aerial, LLC was specifically started to help local residences and businesses to take advantage of 

new drone aerial photography technology to increase the safety and efficiency of aerial image and data 

capture.

SCOPE OF INTENDED OPERATIONS

We are specifically targeting the use of aerial drone photography technology for the purposes of 

infrastructure inspection, equipment and land inspection, aerial photography, videography and 

cinematography, marketing (for real estate, vineyards, golf and ski resorts, local and state government,

etc.) and special event promotion.

GRANTING AN EXEMPTION WILL NOT ADVERSLY AFFECT SAFETY 

Phantom Aerial, LLC will operate small UAS’s in a safe and responsible manner. Our PIC personnel will 

have a private or commercial pilot’s license or a sports pilot certificate and will abide by all regulations 

under our granted Section 333 exemption and be familiar with all regulations and provisions of Title 14 

of the Code of Federal Regulations as well as developing a strict operations manual for the PIC and 

maintenance staff. All craft will have a preflight inspection by the PIC and VO as a redundant check to 

sure the UAS is flight worthy before takeoff. The UASs will be flown at low enough altitudes and in safe 

conditions to not interfere with other flying craft. The PIC and VO will maintain a VLOS at all times to 

reduce the risk of potential accidents. Special care will be taken to secure the flight path and below the 

flight path of the UAS are clear of all people not involved with the UAS flight.

The DJI Phantom 1 and DJI Inspire 1 are small UAS’s that weigh in under 7lbs and operating with a 

lithium ion battery power source as opposed to the traditional aerial photography method of using 

larger manned aircraft with the capability to hold more than 100 gallons of flammable, explosive 

gasoline and weighing a quarter ton and higher. 

14 C.F.R. Part 21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1)

 Establishes: The procedural requirements for the issuance of airworthiness certificates as 

required by 14 C.F.R. § 91.203(a)(1)
Given the size and limited operating area associated with 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 both authorize the FAA to exempt aircraft from the requirement 

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

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 a restricted environment 

and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating 

with an airworthiness certificate without the retractions and conditions proposed. The UAS to be 

operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area 

as set forth in our S.O.P. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and, pursuant to the requirements, and in compliance to 

local public safety requirements, to provide security of the area of operation as is now done with 

conventional flag man. The FAA will have advance notice of all operations. These safety enhancements

provide a greater degree of safety to public and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 C.P.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. Section 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, and exemption may 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, the 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 it 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." The FAA has issued the 

following exemptions to this regulation; Exemptions Nos. 10700, 8738, 10167A.
14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilot in Command:

 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no 

person who holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for 

compensation or hire, act as pilot in command of an aircraft in connection with any business or 

employment o 

 14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a commercial pilot certificate 

may act as pilot in command of an aircraft – (ii) For compensation or hire, provided the person 

is qualified in accordance with this part and with the applicable parts of this chapter that apply 

to the operation.

Pilot in Command. Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the UAS

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of 

current operations by requiring the PIC operating the aircraft to have a minimum of a Sport Pilots 

Certificate rather than have a Commercial Pilots Certificate to operate this small UAS. Unlike a 

conventional aircraft that carries a pilot and passengers, the UAS is remotely controlled with no living 

thing onboard. The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance as set forth by in the S.O.P. The level of safety provided by the requirements 

included in the S.O.P exceeds that provided by a single individual holding a commercial pilot's certificate 

operating a conventional aircraft. The risks associated with the operation of the s UAS are so diminished 

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

when drafted, that allowing operations of the UAS as requested with a recreational Sport Pilot as the PIC 

exceeds the present level of safety achieved by 14 C.P.R. §61,113 (a) & (b).

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

 No person may operate a civil aircraft unless it is in an 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 and the 

requirements contained in the SOP for maintenance and the 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: 

 (b)(2) prohibits operation of U.S.-registered civil aircraft 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 onboard, 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 access to it. The FAA has 
issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 9565B, 10167, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action 

 Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight. This information must include—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and 

any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff 

and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing 

takeoff and landing distance data is required, the takeoff and landing distance data contained 

therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under expected 

values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

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

of the flight. As the FAA approved rotor craft flight manuals will not be provided as set forth in sections 

of the S.O.P., the PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. 

14 C.F.R. 91.109(a) – Flight Instruction 

 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. 

The majority of UAS by design are developed with single operational control through the use of predetermined GPS enabled waypoints programmed before or during flight in 5 addition to the use of a 

single hand held transmitter or control station controlled by the PIC. The design does not allow for dual 

controls during flight training and therefore the exemption is requested to train operators, build 

experience, and maintain proficiency. An equal level of safety will be achieved by conducting all training 

in stile environment. Training sessions will be accomplished separately from flights conducted for 

compensation or hire.
14 C.F.R. §91.119: Minimum safe altitudes

 Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: (b) Over any congested area of a city, town, or settlement, or over any open 

air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) 

Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted 

without hazard to persons or property on the surface— (1) A helicopter may be operated at less

than the minimums prescribed in paragraph (b) or (c) of this section, provided each person 

operating the helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA.

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 exemption is for the UAS that is a helicopter and the exemption requests authority to operate at 

altitudes of up to 400 AGL for rotorcraft and 1000 AGL for fixed-wing, or not more than 200 above an 

elevated platform such as manmade structures and radio towers, an exemption may be needed to allow 

such operations. As set forth by herein, except for the limited conditions stated in the SOP, the UAS will 

never operate higher than 400 AGL for rotorcraft and 1000 AGL for fixed-wing. It will however be 

operated in a restricted area with a 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 activity, all affected individuals will be aware of the planned 

flight operations as set forth in the SOP. Compared to flight operations with aircraft or rotorcraft 

weighing 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 currently 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

 Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating...

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 Manual and 

Safety Check list, 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

 No person may begin 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;

DJI Phantom 1 and DJI Inspire 1 do not use fuel. However, operators will prepare to land when battery 

falls below 25% and before 20% is reached. PIC(s) will conduct a weather brief before each flight and 

UAS will not be operated below VFR conditions.

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 cockpit entrance so that it is legible to passengers or crew. 

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

there is no ability or place to carry certification and registration documents or 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. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9816A, 10700. 

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

 91.405(a) States: Each owner or operator of an aircraft—(a) 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. 

 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—(1) It has been approved for return to 

service by a person authorized under § 43.7 of this chapter. 

 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no person may 

operate an aircraft unless, within the preceding 12 calendar months, it has had—(2) An 

inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter. No inspection performed under paragraph (b) of this section may be substituted for 

any inspection required by this paragraph unless it is performed by a person authorized to 
perform annual inspections and is entered as an ‘‘annual’’ inspection in the required 

maintenance records. 

 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 and 91.413, 

each registered owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section: (paragraphs 1 (i – iii), 2 (i – vi)); (b) The owner or operator shall 

retain the following records for the periods prescribed: (paragraphs 1 – 3)

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

sections will not apply to the application. Maintenance will be accomplished by the operator pursuant to 

the flight manual and operating checklist. An equivalent level of safety will be achieved because these 

small UASs are very limited in size and will carry a small payload and operate only in restricted areas for 

limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating no 

higher than 400 feet AGL for rotorcraft and 1000 AGL for fixed-wing. As provided in the SOP, 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 preformed. 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. 8 Pursuant to 14 C.F.R Part 11, the following summary is provided for 

publication in the Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. §§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 

91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 

(a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in the Agricultural 3d 

Mapping Service Operations, Oil and Gas Exploration and Pipeline Inspection. 

Approval of exemptions allowing commercial operations of UASs in the photography, videography, real 

estate, property inspection, inspection of infrastructure, emergency response operations, marketing, 

film and television, event promotion and a variety of other industries will enhance safety by reducing 

risk. Conventional operations using jet or piston aircraft operate at extremely low altitudes just feet 

from the equipment and livestock and structures and present the risks associated with vehicles that 

weigh in the neighborhood of 3,000-5,000 lbs. This equipment can carry large amounts of jet A or other 

fuel. Helicopters operate with 140 gallon fuel in their tanks in most operations which could be a 

significant risk to the environment. The UAS will carry no passengers or crew and therefore will not 

expose them to the risks associated with manned aircraft flights. 

The operations of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the Part 21 and allowing 

commercial operations. These lightweight UAVs operate at slow speeds, close to the ground and in 

sterile environment and as a result are far safer than conventional operations conducted with a piston 

and or turbine aircraft operating close to the ground.
Public Acknowledgement/Privacy

All Flights will occur only once the property owner has authorized operations to be conducted. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012-size, weight, speed, 

operating capabilities, proximity to populated areas and or close proximity to airports and operations 

within visual line of sight provides more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's UAS in the commercial industry described in 

this exemption petition.

Very Respectfully, 

Shane Nelson, Member

Phantom Aerial LLC
Appendix 1

Manuals

Links have been provided to the manual listed below for immediate access.

Phantom 1

 Phantom 1 Operators Manual

 Battery and Charger Instruction

Inspire 1

 Inspire 1 User Manual

 Inspire 1 Safety Guidelines

 Inspire 1 Intelligent Flight Battery Safety Guidelines

 Inspire 1 Maintenance Manual
Appendix 2

Missions Checklist

Arrival Checklist 

1. If day and operating out of back of 

vehicle, point vehicle into sun. 

2. Remove case and place on level 

surface. 

3. Check distance to nearest airport 

and/or controlled airspace using 

smartphone or tablet app. 

4. If required, use VHF aviation 

transceiver, to contact tower of field if 

closer than 5 NM. 

5. Inform tower / CTAF of UAS ops, 

location, and max height of flight.

11. UAS Battery - On 

12. Wifi Connection to Monitor -

Verified 

13. DJI Application - Load 

14. DJI application - Connect to Camera 

15. SD Card - Format 

16. Camera - Full Up 

17. Satellite Connections - Verified 

18. Charge Levels - Safe for Flight 

19. Video Recording - Start 20. Takeoff

Preflight Checklist 

1. Remove transmitter. 

2. Router - On 

3. Transmitter - On 

4. Toggle Switches - Full Up 

5. Video Monitor - On 

6. Remove UAS from case. 

7. Gimbal Lock & Lens Cap - Removed 

8. Micro-SD card - Inserted. 

9. UAS Battery - Inserted 

10. Place UAS in clear and safe launch 

and recovery position if it returns to 

home. 

After Takeoff Checklist 

1. Hover approximately ten feet above 

the ground to confirm UAS is under 

control. 

2. All sticks operate correctly while in 

hover – Verified

Pre-Landing Checklist

1. Camera - Full Up 

2. Video Recorder - Stop 

3. Landing Zone - Clear / Safe

Post-Landing Checklist - Returning to 

Flight Immediately

1. Battery - Remove & Replace 

2. Wifi Connection to Monitor - Verified 

3. DJI application - Connect to Camera 

4. Takeoff

End of Ops Checklist

1. Battery - Off 

2. Transmitter - Off 

3. Router - Off 

4. Notify Tower/CTAF - End of Ops