January 22, 2016

Elmer’s Aviation, LLC

3600 Rennie School Road

Traverse City, MI 49685

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 Federal Aviation Regulations

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(the “Reform Act”) and 14 C.F.R. Part 11, Elmer’s Aviation, LLC seeks an 

exemption from Federal Aviation Regulations (“FARs”) listed below for one 

(1) DJI Phantom 2 Professional and one (1) DJI Phantom 3 Advanced,

quadcopters manufactured by DJI-Innovations.

The requested summary exemption would support an application for a 

“blanket” commercial Certificate of Authorization to use the system to 

capture aerial photography and videography. Both DJI Phantom systems 

consist of a lightweight (2.8 lb) battery operated aircraft, a tablet-based 

ground control station and/or RC Controller, and associated 

communications equipment. The aircraft carries an onboard gimbaled 

camera that allows it to obtain photographs and video.

The requested exemption would permit Elmer’s Aviation, LLC to pursue its 

commercial interests in providing services to clients using a small 

advanced UAS in the following areas:

• Real Estate/Architecture

• Construction Site Inspection

• Marketing

• Surveying/Mapping

• Sporting Events

• Special Events/Festivals
The regulations from which the exemption is requested are as follows:

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.10 

- 14 CFR 45.11 

- 14 CFR 45.23, and 45.29

- 14 CFR 91.9

- 14 CFR 61.101(e)4 and (5)

- 14 CFR 61.113, 61.133

- 14 CFR 61.23(a)

- 14 CFR 61.3 and 61.315(a)

- 14 CFR 91.109, 91.119

- 14 CFR 91.121, 91.151

- 14 CFR 91.203 (a) & (b), 91.205, and 91.215

- 14 CFR Subpart E (91.401 - 91.417, and 91.7(a), and 91.9 (b)(2))

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

Unmanned Aircraft System

UAS are often seen as superior to helicopters as an aerial video gathering 

platform due to the smaller size of the devices, lower fuel emissions, more 

affordable equipment and personnel cost, reduced noise, and a much 

smaller environmental impact which promotes public safety. In the 

unlikely event of a crash, an UAS system would be a smaller risk to the 

public at large versus a fueled manned aircraft.

Elmer’s Aviation, LLC is petitioning for an exemption to operate one (1) 

DJI Phantom 2 and one (1) DJI Phantom 3 Advanced (DJI P2 and DJI P3) 

with a built-in stabilized HD camera and the following GPS safety features: 

• Restricts the height Above Ground Level (AGL) to a specified user 

generated height.

• Restricts the radius of flight from the ground station to a user-generated 

distance.

• Restricts operations within designated Class B, C, and D airspace

including a no-fly zone feature. 

The DJI Phantoms also have a failsafe function that is triggered in the 

event communications are lost between the UAS and the main controller 

transmitter. In the unlikely event this occurs, the UAS will return to its 

point of takeoff and land safety. If communications are restored, the PIC 

can regain control of flight and land manually.

These specifications meet with the Model Aircraft Operating Standards (AC 

91-57) as set below:

1. The petitioner will only operate its UAS in line-of-sight of a Pilot in 

Command (PIC) and/or ground based Visual Observer (VO) and will 

operate at sites that are ‘sufficient distance’ from populated areas 
within the sterile area described in the FOPM. Such operations will 

ensure that the UAS will “not create a hazard to users of the 

national airspace system or the public.” The orientation of flights will 

be such that the PIC or VO always has a visual on the rear mounted 

LED flight Indicator. Additional safety features on the DJI Phantom 2 

and 3 include an automatic return-to-home feature enacted upon 

low battery level.

2. When flying the UAS within three (3) miles of an airport the 

operator will give the right-of-way to any manned aircraft.

3. Pre-flight inspection would include checking battery condition/level 

in the transmitter, control tablet, and UAS; a visual/operational 

check of the propellers; a visual/operational check of the aircraft; a 

visual/operational check of the motors; a visual/operational check of 

the transmitting radio control unit; a visual/operational check of the 

camera and gimbal unit; and a visual/operational check of the vision 

positioning system. A check for power-lines, antennas, and other 

overhead objects would also be performed. Wind and weather 

conditions would be monitored and be taken into account as a factor 

for flying.

4. The radio frequency of the DJI Phantom 2 and DJI Phantom 3 is in 

the 2.400 to 2.483 GHz range. Maximum takeoff weight 

approximately 3000g. Max Ascent/decent speed 5 m/s. Maximum 

flight Velocity 16 m/s. The UAS to be operated by the petitioner 

weighs less than 3 pounds, including all payload (i.e. battery, 

camera, lens, and stabilized gimbal).

5. The PIC will have a minimum of 15 hours flying time with DJI 

equipment. 

6. Flights will be terminated when battery energy levels reach 25%,

allowing sufficient reserve flight time to safely land the UAS. If 

battery drops below a user specified level the UAS will automatically 

return to its takeoff point and land safely.

7. The UAS will be programmed so it will not be operated at an altitude

that exceeds 400 feet AGL, and not more than 200 feet above a

significantly elevated geographic position from which videography/

photography is planned.

8. The intended use of these DJI Phantoms 2 and 3 is to aide in visual 

surveys of sites, record development for marketing purposes, etc. 

9. All photo/video flights would have the date, time, GPS coordinates 

along with the camera metadata recorded in an in-app flight log on 

the mobile device serving as the in-flight monitor/tablet. This flight 

log records flight path, altitude, flight time, number of images shot, 
amount of video shot, date, time, and total flight distance. Each 

individual flight has the capability of playing back (in-app) in real 

time and is synced across devices via DJI’s in-app User Center.

10. Given the small size of the UAS and the restricted sterile 

environment within which it will operate, Elmer’s Aviation, LLC’s

operations will adhere to the Reform Act’s safety requirements.

11. The DJI Phantom 2 and DJI Phantom 3 Advanced will never be

willingly flown in the flight path of manned aircraft. With the first 

condition listed, always keeping a visual line of sight, being of 

utmost importance to providing a significant level of public safety. 

In summary, Elmer’s Aviation, LLC respectfully request exemption from 

regulations specified above, under Section 333 to enable Elmer’s Aviation, 

LLC to operate efficient, limited, and low-risk commercial UAS operations 

for the activities stated above, respecting at all times the space and 

privacy of citizens and property, while keeping airspace safe. Granting this

request would be in good public interest by giving an opportunity for real 

estate photographers and sporting event photographers to offer safer, 

unique views, and more competitively priced aerial photography to the 

general public. By using the DJI P2 and P3 UAS to perform aerial 

acquisitions, the substantial risk to life and property in the air and on the 

ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside 

from the lack of flight crew members located onboard the aircraft, the DJI 

P2 and P3 UAS (weighing approximately 3 pounds maximum gross weight 

with dimensions of 22 inches square each, and with no fuel on board), has 

less physical potential for collateral damage to life and property on the 

ground and in the air compared to the manned aircraft that typically 

conduct similar operations (weighing approximately 3000 pounds with a 

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity 

of 50 gallons).

We are willing and able to modify or amend any part of this request to 

satisfy the need for an equivalent level of safety. We look forward to 

working with your office. Please feel free to contact us at any time if you 

require additional information or clarification.

Best regards, 

Elmer’s Aviation, LLC

Eric Ritchie

3600 Rennie School Road

Traverse City, MI 49685

eritchie@teamelmers.com

(231) 943-3443
Also Attached: Phantom 3 User Manual