Philly By Air, Photography and Videography, Conshohocken, PA - Section 333 Exemption Petition

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September 30, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations

Dear Sir or Madam,

I, Matt Satell, owner of Philly By Air, am writing pursuant to the FAA Modernization and Reform Act of

2012 and the procedures contained within 14 C.F.R. 11, to request that Philly By Air, a photography 

business specializing in Aerial Photography and Video Productions, be exempted from the Federal 

Aviation Regulations (“FARs”) listed below so that we may operate a small ultra-lightweight unmanned 

aircraft system (“sUAS”) commercially in airspace regulated by the Federal Aviation Administration 

(“FAA”).

As described herein I, Matt Satell, am chief photographer / videographer at Philly By Air, which has 

acquired a DJI T600 Inspire 1 Quadcopter with 4K HD Video Camera and a DJI Phantom 3 Quadcopter 

with 4k HD Video Camera with intent to operate them for commercial aerial photography / videography 

following exemption and approval by the FAA. 

Exemption request would permit operation of ultra-light weight, unmanned (piloted by remote control) 

and comparatively inexpensive sUAS(s) in tightly controlled and limited airspace photographing or 

videographing within property boundaries for individual property owners with their or their agent’s 

permission.

I, Matt Satell, owner of Philly By Air, will detail in this petition the specific regulations for which we seek 

relief, offering alternate and equivalent ways of providing a level of safety at least equal to the existing 

rules. This petition focuses on public safety and public benefit. 

Appendix A – Philly By Air Operating Procedures

Appendix B – DJI T600 Inspire 1 (User Manual)

Appendix C – DJI Phantom 3 (User Manual)
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I. Contact Information:

Matt Satell, 

Philly By Air

207 E 10th Ave

Conshohocken, PA 19428

Phone: 610-804-5970

Email: matt@phillybyair.com

Website: www.phillybyair.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Philly By Air

Requests Exemption are:

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

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 

91.417(a)&(b)

III. The Extent of relief Philly By Air seeks and the Reason We Seek Such Relief:

I, Matt Satell, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking 

relief from any currently applicable FARs operating to prevent Philly By Air’ contemplated commercial 

use of an sUAS for photographic and videographic use within the national airspace system. The Reform 

Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national

airspace system as it is in the public’s interest to do so. Philly By Air’s ultra-lightweight sUAS meets the 

definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my

ultra-lightweight sUAS is expressly contemplated by the Reform Act. I would like to operate my ultra

lightweight sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules

governing such craft. Thereby, providing direct experience and valuable information for formal 

regulation that can be administered uniformly to all related sUAS aerial photography & videography. 

The Reform Act guides the Secretary in determining the types of sUASs that may operate safely in our 

national airspace system. Considerations include: The weight, size, speed and overall capabilities of the 

sUASs; whether the sUAS will be operated near airports or heavily populated areas; and, whether the 

sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an 

exemption for Philly By Air. My sUAS utilizes four (4) counter-rotating propellers for balance, control and 

stability. My sUAS is equipped with GPS and auto return safety technology. Weighing less than seven (7) 

pounds (far below the maximum 55 pound limit); including camera with gimbal. I, Matt Satell, consider 

safety the utmost importance with every flight. My small unmanned aircraft is designed to hover in 

place via GPS and operate in less than a 20 knot (21 mph) wind. For safety, stability and fear of financial 

loss I will not fly in winds exceeding 15 knot (16 mph). Built in safety systems include a GPS mode that 

allows my sUAS to hover in place when radio controls are released. When pilot communication is lost, 

the sUAS is designed to slowly descend to the point of take-off. Philly By Air will not operate sUAS near 

airports, Hospitals nor Police heliports, and will not operate near areas where general public is within 

thirty to one hundred (30-100) yards depending on location, conditions and weather. We utilize a crew 

of two (2), a pilot (“PIC”), and a spotter who are constantly on alert for any manned aircraft
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(Police/Medical helicopters, etc.) and prepared to land / abort immediately to the nearest and safest 

ground point should a manned aircraft approach the area of operation. Our sUAS is capable of vertical 

and horizontal operations, and is flown only within line of sight of the PIC. Utilizing battery power rather 

than combustible fuels, flights generally last between ten (10) to fifteen (15) minutes, with an altitude 

under four hundred (400) feet. Philly By Air will utilize a fresh fully charged battery with each flight as a 

safety precaution; full flight time limit for each battery is about twenty (20) minutes as tested. Philly By 

Air will not operate sUAS at or below the manufacturer recommend minimum charge levels for 

operation; preferring to remain well within a safe operating range to insure adequate communication 

between radio control and sUAS to eliminate potential for crash, loss of control or hazards. Reserve 

batteries are at hand with each mission to insure replacement for sufficient safe level of operation. We

do not believe in taking risks that may cause a crash, which could create hazards to the public / property 

/ manned aircraft, and we have no desire to lose our investment. The crew will always include an FAA 

licensed and current pilot. The crew at Philly By Air have done scores of practice flights in remote areas 

on private property as hobbyists simulating flights for future commercial use to gain familiarization with 

the characteristics of this specific sUAS’s performance under different temperature and weather 

conditions. 

Philly By Air will have a designated chief pilot who is an active and current FAA licensed Commercial 

Pilot. Our main objective is caution and safety when operating our sUAS / ultra-lightweight unmanned 

aircraft and we will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 

95 § 333 (b). Given the small size and weight of my sUAS it falls well within Congress’s contemplated 

safety zone when it promulgated the Reform Act and the corresponding directive to integrate sUASs 

into the national airspace system. My Inspire 1 and Phantom 3 sUAS, used in hobby flight, have a 

demonstrated safety record and does not pose any threat to the general public.

IV. How Philly By Air Request Will Benefit the Public As A Whole:

Philly By Air is a small business serving various commercial businesses and news outlets in South-East 

Pennsylvania and Central New Jersey. Aerial photography has been around for a long time through 

manned fixed wing aircraft and helicopters. At Philly By Air, we are replacing many of these intrusive 

low level airplane flights, often in congested airpace, with more cost effective, safer, and more 

environmentally friendly sUAS missions. In addition, for many small budget productions the expense of 

such full scale aerial photography and videography using manned aircraft is cost prohibitive. We operate 

in a very competitive environment, competing with large nationwide photography and videography 

suppliers. We are able to compete on quality and service. The advent of sUAS’s used in this business 

environment, and their ability to produce unique images will not only help our small business compete 

with larger businesses, but also provide our customers with their own new business value, thus 

promoting commerce and economic development. Permitting Philly By Air to immediately fly within 

national air space furthers economic growth in our South-East Pennsylvania and Central New Jersey 

area, and provides a definite benefit to the businesses and news outlets looking to use aerial 

photography and videography, both of which increase commerce and serve as a benefit and stimulus to 

the area economy and community.

V. Reasons Why Philly By Air’ Exemption Will Not Adversely Affect Safety or How The Exemption Will 

Provide a Level of Safety At Least Equal To Existing Rule:
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Philly By Air has the utmost respect for everyone’s safety and comfort. Our chief pilot, being an active 

and current commercial pilot, has a solid understanding of the National Airspace System. As it concerns 

to sUAS operations:

Our sUAS (DJI T600 Inspire 1 Quadcopter & Phantom 3) weigh less than 7 pounds;

 Each mission will consist of a crew of 2: one PIC and one spotter;

 At least one of the crew is an FAA licensed commercial pilot with a current medical certificate

and flight review;

 The PIC will have a minimum of 50 logged flights and 20 total hours in the make and model of 

the operating sUAS, including at least 3 flights in the last 90 days;

 We only operate our sUAS below 400 feet in day VFR conditions (within the 400 foot permissible 

ceiling set by the FAA Modernization and Reform Act of 2012);

 We will not operate the sUAS in Class A, B, C, or D airspace without written approval from the 

FAA;

 We will not operate within 3 nautical miles of the geographic center of a nontowered airport as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement with that 

airport’s management is obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. The letter of agreement with the airport management will be 

made available to the Administrator upon request;

 If any unauthorized person moves within 200 feet of the operating sUAS, the mission will be 

aborted immediately;

 Our sUAS only operates for ten (10) to fifteen (15) minutes per flight, severely limiting the 

exposure of any safety concerns towards the public or property;

 We pilot our sUAS through remote control only by visual line of sight, keeping the sUAS within 

1000 feet of the operator at all times;

 Our sUAS has GPS controlled failsafe, a flight safety feature whereby it hovers and then slowly 

lands if communication with the remote control pilot is lost;

 We actively record and analyze flight data and other sources of information to constantly 

update and enhance safety protocols;

 Before each flight we assess the environment and we only proceed to operate in reasonably 

safe environments that are controlled, are away from power lines, elevated lights, airports and 

actively populated areas;

 We conduct extensive pre-flight inspections and protocol, during which safety carries primary

importance;

 We always obtain all necessary permissions prior to operation; and we have procedures in place 

to abort flights in the event of safety breaches or potential danger.

VI. A Summary: The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, 

weight and enclosed operational area Philly By Air’ sUAS permits exemption from Part 21 

because our sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of 

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 
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pieces of legislation permit the FAA to exempt sUASs from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 

such as airports and dense populations. Philly By Air’ sUAS meets or exceeds each of the 

elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board 

pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 

areas of where safety can be defined. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as our sUAS utilizes 

electronic global positioning systems with a barometric sensor, and altitude information will be 

provided to the pilot via a digitally encoded telemetric datalink to a realtime display.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining any such required certifications and registrations by 

Philly By Air.

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require 

aircraft to be marked according to certain specifications. My sUASs are, by definition, 

unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain 

words or phrases. Further, two-inch lettering is difficult to place on such small aircraft with 

dimensions smaller that minimal lettering requirement. Philly By Air will mark the sUAS in the 

largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 

C.F.R. §45.29 (f) so that the PIC, or anyone assisting the PIC as a spotter will see the markings. 

The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 

10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 

(a) & (b), private pilots are limited to non-commercial operations. Philly By Air can achieve an 

equivalent level of safety as achieved by current Regulations. The PIC will have a Commercial 

Pilot certificate with a current Medical, and will meet the flight review requirements specified in 

14 CFR § 61.56. 

D. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters

to be operated at lower altitudes in certain conditions. Our sUAS will never operate at an 

altitude greater than 400 feet AGL, only in safe areas away from the public and traffic. Given the 

small size and weight of the sUAS, its maneuverability and speed profile, we can achieve an 

equivalent level of safety.

E. 14 CFR § 91.151(a) requires a thirty (30) minute fuel reserve for flight in VFR conditions. Since 

maximum flight time is limited to battery capacity, and is less than 30 minutes for our sUAS, we 

will operate our sUAS for no longer than ten (10) to fifteen (15) minutes on a full charge. A full 
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charge would allow for a flight time of about twenty (20) minutes, providing a 25% to 50% safety 

margin. The FAA has previously issued exemptions for manned aircraft to operate at less than 

the minimums prescribed in 14 CFR § 91.151(a), including Exemption Nos. 2689, 5745, and 

10650. In addition, similar UAS-specific relief has been granted in Exemption Nos. 8811, 10808, 

and 10673 for daytime, Visual Flight Rules (VFR) conditions. 

F. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The abovecited Regulations require, amongst other things, aircraft owners and operators to “have [the] 

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. . . .”

To comply with this regulation, the PIC, before each mission, will check the manufacturers’ 

internet service pages, and ensure applicable software and hardware is up to date as required, 

and ensure compliance with any safety bulletins posted. In addition, the Operators Manual as 

provided by the sUAS manufacturer will be revised to include specific operating procedures and 

limitations to comply with the exemptions sought as described in section V (see appendix A). 

The revised Operators Manual will be in possession of the crew during operation of the sUAS, 

and must be made available to the Administrator or any law enforcement official upon request.

In summary, Philly By Air seeks an exemption from the following Regulations:

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

§91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. §91.119; 14 C.F.R. § 91.121; 14 C.F.R. 

§91.151(a); 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)(2); and, 14 C.F.R. § 91.417(a) & (b) to commercially operate Philly By Air’ small unmanned 

vehicle/lightweight unmanned aircraft vehicle in community awareness and aerial photography and 

videography operations. Philly By Air will utilize safety protocols and the implementation of a flight 

operations manual that exceeds currently accepted means and methods for safe flight. Philly By Air will 

conduct formal collection of information of its operation of the sUAS, which will be shared with the FAA, 

and will contribute to the enhancement of the FAA's internal efforts to establish protocols for complying 

with the FAA Modernization and Reform Act of 2012. Philly By Air’ operation of the sUAS, weighing less 

than 7 pounds and travelling at low speeds within limited controlled areas will provide an equivalent 

level of safety as that achieved under current FARs. Accordingly Philly By Air respectfully requests that 

the FAA grant our exemption request.

Respectfully submitted,

Matt Satell, Photographer / Videographer, Owner

Philly By Air

207 E 10th Ave

Conshohocken, PA 19428

Phone: 610-804-5970
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Appendix A – Philly By Air Operating Procedures

Safety is our main concern. Owner and crew must be familiar with, and follow these operating 

procedures:

1) Owner must:

a. Document all maintenance, alterations, and updates in the aircraft records.

b. Any maintenance or alterations that affect the sUAS operation or flight 

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

functional test flight in accordance with the operator’s manual. The PIC who 

conducts the functional test flight must make an entry in the UAS aircraft records of 

the flight. 

2) Prior to each mission:

The PIC must familiarize him/herself with all possible safety aspects of the mission. This 

includes but is not limited to: 

i. Software versions required (manufacturers web site)

ii. Weather 

iii. Wind (less than 15 knots)

iv. NOTAMS

v. Proximity of airports or SUA

3) Prior to each flight:

the PIC must inspect the sUAS and Ground Station to ensure they are in a condition for safe 

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

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

and the UAS is found to be in a condition for safe flight. This includes but is not limited to: 

i. Batteries (full sUAS battery required for each flight, check battery levels for 

transmitter and accessories)

ii. Inspect propellers, motors, wings and lights

iii. The documents required under 14 CFR §91.9 and §91.203 must be available 

to the PIC at the Ground Control Station of the sUAS any time the aircraft is 

operating. These documents must be made available to the Administrator 

or any law enforcement official upon request.

 The PIC performs a safety assessment. This includes but is not limited to: 

iv. If operating within 3 miles of an uncontrolled airport, check that a letter of 

agreement that covers the current mission with the airport manager is 

available to the PIC, and that the operation is conducted under a current 

NOTAM. 

v. Inspect flight area for light poles, trees, utility wires, proximity to helipads, 

hospitals, schools, busy roadways, gatherings of people, SUA. 

vi. The PIC provides a safety briefing to the spotter. An agreement is made 

under which conditions the flight must be aborted. 

vii. Identify take off and landing area.

 The PIC performs pre-flight checks:

i. Check all controls neutral

ii. Turn on Power transmitter first, then on sUAS, and accessories

iii. Perform GPS alignment according to manufacturers operating manual
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iv. If alignment successful, flight can start from a safe take-off point

v. Immediately after takeoff perform the following checks:

a. Hover 5-10 feet

b. Check data link

c. Check video link

d. Check altimeter

e. Check GPS

f. Check time

4) During each flight:

a. The sUAS may not be operated by the PIC from any moving device or vehicle.

b. The sUAS may not be operated at an altitude exceeding 400 feet AGL. 

c. The sUAS may not be operated at night or at altitudes less than 500 feet below or 

less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute 

miles.

d. The sUAS must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.).

e. Flight time is limited to maximum fifteen (15) minutes. 

f. sUAS must remain within line of sight and within 1000 feet of PIC. 

5) Emergency during flight. This could include but is not limited to:

i. Pilot distracted

ii. Spotter signals abort

iii. Sudden change in weather or wind

iv. Manned aircraft in the vicinity

v. People getting within safety perimeter

vi. Birds

 Immediately: 

b. Determine closest safe landing location to sUAS

c. Land

6) After each flight:

a. Check and log flight time and remaining battery level.

b. Turn off power to sUAS first, then turn off power to transmitter

c. Inspect sUAS for any damage
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Appendix B – Inspire 1 (User Manual)

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

Appendix C – Phantom 3 (User Manual)

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0915.pdf