James John Peterson

2906 Masterson Drive

Corpus Christi, Texas 78415

210-385-8916

Section 333 Exemption and Civil Certificate of Waiver or Authorization (COA) Request

References: 

FAA Modernization and Reform Act of 2012, Public Law 112-95 (P.L. 112-95)

Section 333 of P.L. 112-95, Special Rules for Certain Unmanned Aircraft Systems.

Section 333 grants the Secretary of Transportation authority to determine: 

1. If an unmanned aircraft system, as a result of its size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight does not create a 

hazard to users of the national airspace system or the public or pose a threat to national security; and 

2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification 

under 49 USC § 44704, is required for the operation of unmanned aircraft systems identified 

under paragraph (1).

Because UAS are aircraft, they are subject to the noise certification and testing 

requirements of part 36. However, if a determination is made under Section 333 that an 

airworthiness certificate is not required, noise certification and testing will also not be 

required for the subject aircraft for the term of the exemption. When the finding required by 

Section 333 cannot be made, the requirements of part 36 continue to apply.

Because Section 333 provides limited relief from certain certifications or authorizations, 

UAS operators must comply with all other applicable regulations concerning the operation of 

aircraft unless otherwise exempted by the FAA.

UAS operations conducted for purposes other than hobby or recreation are subject to the regulations 

in 14 CFR. In addition to petitioning for the relief afforded under Section 333, UAS operators must 

petition for exemption from regulations applicable to the specific circumstances of their operations 

with which they believe they are unable to comply. If a petitioner has any questions with regard to 

the applicability of Federal Aviation Regulations, s/he is encouraged to discuss with FAA officials 

prior to submitting an exemption request. Prior to commencing operations, the operator will need to 

obtain an exemption and a COA from the FAA. More information about the exemption process is 

available here. Additional guidance for preparing petitions for exemption under Section 333 authority 

and applying for COAs is provided below. 

The FAA will only grant exemptions for UAS under the operational control of the petitioner 

(person or organization).

Purpose and Intent of Use:

I am hereby requesting section 333 exemptions and civil Certificate of Waiver or 

Authorization (COA) so that I may operate my Unmanned Aircraft System (UAS) within the 

(NAS) in accordance with Local, State and Federal laws.

The purpose and intent of operating my (UAS) is to generate, for profit, revenue by 

providing aerial cinematography, photography and video as allowed/permitted by law which 

may include, but not limited to, aerial photography/video recording(s) of real estate, hunting 
leases, farm land, private property, special events, weddings, fishing charters, fishing 

charter events and other applications as requested by customer(s).

Under no circumstance will I intentionally take, acquire, record, reproduce, provide, resale, 

release and/or make public any photography and/or video recordings that violate any 

Privacy law(s) or any other applicable law(s).

Description of Use:

The following are detailed descriptions of each intended use/purpose of said photography 

and video recordings but is not intended to limit and/or exclude other operational 

functions/uses.

Aerial Photography/video of hunting leases: Intent of this service is to offer the property owner 

an aerial outline of his/her property in order to optimize the use of said land which may help 

improve game management, habitat and other natural resources.

Aerial Photography/video of real estate: Intent is to offer customers aerial photography/video 

of their property for the purpose of providing enhanced captions of said property which they 

may use in advertising/promotion for the resale of their property.

Aerial Photography/video of Farmland: The intent is to offer customers aerial photography/video of 

their land as requested, to assist with agricultural management, insurance claims and other purposes 

suited to assist in the overall management/improvement of said land.

Aerial Photography/video of Special Events: The intent is to offer customers aerial photography/video 

of their event(s). 

Aerial Photography/video of Fishing Charters: The intent is to offer businesses aerial 

photography/video of their charters so they may use it for advertisement and/or promotional purposes.

Aerial Photography/video of Private Property: The intent is to offer customers aerial 

photography/video of their property for purposes such as insurance claims and other uses.

Other uses: There are many other opportunities and options pertaining to the use of my (UAS) that may

not be outlined herein, in part or in detail, however I feel any and all activity associated with the operation, 

use and capabilities of said (UAS) can be done in a safe, secure, controlled and consistent manner.

Comment:

I am a freelance photographer that wishes to start my own business that can offer this considerably 

exclusive service of aerial cinematography, photography and videos. I understand that there will be 

limitations set forth by applicable laws that will prevent me from providing certain services such as 

recording graduation ceremonies or operating in restricted zones/airspace but aside from those 

exceptions/exclusions and with the granting of my request I am certain I can operate my (UAS) each and 

every time in a safe manner that will not place risk to the safety and health of the general public or private 

property and/or any aircraft(s), nor violate restricted airspace, and/or designated no-fly zones.

The current limitation(s) for recreational uses of (UAS)’s pertaining to permissible operating requirements 

is minimal and in general, are not regulated Such operations considered as recreational use do not 

require the operator to hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate or require the PIC to hold a current FAA airman medical certificate or a valid U.S. driver’s 

license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government.

It is for this reason that I request a waiver/exemption of said requirements considering my basic intent 

and general operation of my UAS will be performed in a safer manner (as outlined in attached 

documentation), I will perform pre and post flight inspections of my UAS and any and all repairs will be 

done only by authorized repair facilities. Additionally, my UAS is one of the more modern versions of 

UAS’s and has safety features as well as safety applications that allow for safer operation which includes 

an automatic “return to base” built in contingency application that self activates under certain 

circumstances. My UAS also was built with improved software that provides a safer and more stable 

platform that far exceeds all it’s previous models.
Another notable feature of my Phantom 3 UAS is that it is pre programmed not to enter restricted 

airspace..... See caption/quote from the DJI website listed below:

“All unmanned aerial vehicle (UAV) operators must abide by all regulations from organizations such as 

the ICAO (International Civil Aviation Organization) and any other applicable airspace regulations in their 

area. In order to increase flight safety and prevent accidental flights in restricted areas, DJI has 

introduced a No Fly Zones feature to help everyone use their DJI products safely and legally.

These zones include airports worldwide and other areas where flying might pose an unnecessary risk,

including national borders and sensitive institutions.”

(UAS) systems details:

UAS: Phantom 3 - Advanced

Features & Specs: Included in attached documentation

Manufacturer: DJI

Website: DJI.com

Noteable Safety Feature: If for any reason I lose connectivity with my UAS or if it exceeds 

the maximum distance that the signal from my controller can connect with the UAS the 

pre installed program will automatically return the UAS to the point of take-off. 

Additionally, the UAS maintains its signal and physical location via GPS in the extremely 

rare event it needs to be recovered.

The UAS also is pre programmed to return to the point of take-off if the battery level 

reaches below the pre designed safety level.