Dec 19, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue

SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the

FAA Regulations and certain parts of the FARs.

Dear Sir or Madam:

Request: 

In order to provide safe and environmentally-friendly aerial videography and

Photography for public and business interests, I, Brandon Clair, would like to formally

Submit for exemptions from the following Section 333 regulations: 14 C.F.R. Part 21, 14

C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R.

91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14

C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R.

91.417(a) and (b), so that I may operate the DJI Phantom 3, DJI Inspire 1 UAS along the guidelines of

the accompanying operator’s manual as well as FAA guidelines for UAS flight.

This particular UAS weighs less than six pounds, will always be flown under 380 feet,

is electrically powered by a lithium ion battery, carries no combustible fuel or crew, and

will be transported in proper storage to and from all flight areas (in accordance with FAA

guidelines). These proposed exemptions would allow me to operate the DJI Phantom 3

Professional, DJI Inspire 1 UAS for commercial purposes of aerial videography and photography as a

Service to public and business interests, including: real-estate photography and

Videography, wedding and private individual photography and videography, public and

commercial photography and videography, and agricultural photography and

videography. Pursuant to exemption No. 12045, the FAA recently approved

similar use of the DJI Phantom 3, DJI Inspire 1 UAS. These UASs have been proven reliable and safe

flying machines managed by gyroscopically-stabilized flight, ground detection, GPS aided

navigation, a built-in compass, blinking LED lights, manual and automatic failsafe

modes for returning to the controller, and propeller guards in order to protect both the

UAS and the environment. This particular model combines state-of-the-art, proven

technology with high quality manufacturing and user-friendly control to ensure safe

operation and easy maintenance.

Specific section or sections of 14 CFR which I seek relief and the reason I seek relief:

14 C.F.R. Part 21: Airworthiness Certificates

Given the size and limited operating area associated with the aircrafts to be utilized by I,

Brandon Clair, an exemption from Part 21 meets the requirements of an equivalent level 
of safety under Part 11 and Section 333 of the Reform Act. Pursuant with Exemption No.

12045, “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 conventional aircraft operating

with an airworthiness certificate without restrictions and conditions proposed.”

14 C.F.R. 45.23: Display of marks: general

Because the DJI Phantom 3, DJI Inspire 1 The UAS will not have a cabin, cockpit, pilot station,

fuselage, boom, or tail on which to mark words, numbers, or phrases, I request exemption

from the above regulation.

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Pursuant to Exemption 12045, “The FAA has previously declared that additional manned

airship experience of a commercially certified pilot would not correlate to the airmanship

skills necessary for similarly proposed operations in previously issued exemptions to this

regulation through Exemption Nos. 11062 and 11138.”

14 C.F.R 91.7: Civil aircraft airworthiness

Currently there is no certificate applicable to UAS, and therefore it will be up to myself,

Brandon Clair, to determine the airworthiness of the DJI Phantom 3, DJI Inspire 1 in accordance with

its official operating manual. Pre-/ post-flight inspections of the propellers, motors,

frame, landing stands, camera and gimbal will be performed before and after each flight,

accurate records of which will be kept with the UAS’s storage and transportation system

at all times.

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

Pursuant to Exemption 12045, since there are “no pilots or passengers on board this

aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety

will be achieved by maintaining a safety/flight manual with the operator.”

14 C.F.R. 91.119(c): Minimum safe altitudes

I, Brandon Clair will ensure that the UAS does not operate any higher than 380 feet at

ground level. I will not fly over congested areas. I will plan operations before hand for

proper flight safety and proper height analysis as to avoid collisions.

14 C.F.R. 91.121: Altimeter settings

The DJI Phantom 3, DJI Inspire 1 utilizes electronic GPS with a barometric sensor with live data output

to the mobile device attached to the transmitter. An equivalent level of safety will be
achieved by using this. 

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions

The UAS that I will fly is electrically-powered by lithium ion batteries which are made

by DJI specifically for this particular UAS. They are rated at no longer than 25 minutes

of flight time. Therefore, due to the limitations of the batteries, it is currently impossible

to comply with part 91.151.

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required

Currently, there are no procedures for providing airworthiness certificates for the

mentioned UAS. I, Brandon Clair, however will always fly safely while having the

manuals of the DJI Phantom 3, DJI Inspire 1.

14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation after

maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(1)

and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records

Maintenance inspections may be required and should be granted since they only apply to

aircraft with an airworthiness certificate. However I, Brandon Clair, will perform both

preflight and post flight inspections of the UAS before and after each flight as outlined in

the operating documents. I, Brandon Clair, will also follow manufacturer

recommendations from said operating documents.

Public Interest:

Aerial photography and videography provided to the public allows for a more cost-effective

and environmentally-friendly method to capturing imagery than its alternative:

manned aircraft and helicopters. The latter are expensive, create lots of noise, and are

much more hazardous due to size and combustible fuel. I, Brandon Clair, in addition to

using my UAS for commercial endeavors, will also offer my services upon request and

with proper coordination to any official search and rescue or emergency services

organization to benefit the public. Given that there is no fuel and no crew on this UAS,

that it weighs under six pounds and has propeller guards, as well as having a low

maximum speed (less than 25mph), safe operation of this craft does not pose any

immediate danger to the environment, wildlife, or people. Given its GPS and ground sensing

capabilities, a “return” mode will safely return the craft to myself, Brandon Clair,

at the push of a button or automatically when the craft is low on power. This ensures that

the craft will not remain airborne in unsafe conditions.

The addition of UAS-controlled aerial video and photography provides both public and

commercial sectors with an environmentally-friendly and cost-effective means by which

to obtain photography and videography services. Because of this, an increase of

commercial activity and a gaining of more detailed understanding of private and/or farm

land would help local and area communities by: reducing pollution, risk, and operating

costs by alternative aerial video and photography services such as manned airplanes and

helicopters, reducing carbon emissions and traffic congestion by vehicles looking to view 
properties such as real-estate or farm land, and increase visibility to local attractions

thereby bolstering local commerce and tourism.

Summary

I, Brandon Clair, am seeking exemption from the following rules: 14 C.F.R. Part 21, 14

C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R.

91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14

C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R.

91.417(a) and (b) With the exemptions of the mentioned rules I, Brandon Clair, will be

seeking to make my UAS photography/videography services available to public and

commercial interests. Alternatively, public and commercial interests had previously

sought the use of manned aircraft to achieve what I can offer in a safer, more cost-efficient

and environmentally-friendly manner by not using combustible fuel, flying at

safe heights and strictly following the usage recommendations from DJI. These include

but are not limited to:

● Flying the DJI Phantom 3, DJI Inspire 1 safely in accordance with its operator’s manual

● Always flying below 380 feet

● Thorough inspecon of UAS before and aer flights and keeping inspecon records

with the craft at all times

● Keeping the UAS in visual sight at all mes when in operaon

● Using an observer to assist every time.

● Remain safely clear of and do not interfere with manned aircra operaons

● Not intenonally fly dangerously over unprotected persons or moving vehicles

● Contact an airport or control tower before flying within 9 miles of their vicinity

● Not flying in adverse weather condions such as high winds, rain, or impaired visibility

● Not flying under the influence of alcohol or drugs

● Ensure the operating environment is safe

● Not flying over sensive infrastructure or property such as water

treatment facilities, correctional facilities, etc.

● Check and follow all local laws and ordinances before flying over private property

● Do not conduct surveillance or photograph persons in areas where there is an

expectation of privacy without the individual's permission

Sincerely,

Brandon L. Clair

6983 Eisenhower Ave 

Portage IN 46368

T68224@aol.com

{419}610-8171