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 F ARs.

Dear Sir or Madam: 

Request: 

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

and public business interests, I, Josh Futterman, pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 ("FRMA"), 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) and (b)

• 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)(l),

• 14 C.P.R. 91.203(a) and (b),

• 14 C.F.R. 91.405(a),

• 14 C.F.R. 91.407(a)(l),

• 14 C.F.R. 91.409(a)(l) and (2),

• 14 C.P.R. 91.417(a) and (b)

I am requesting these exemptions so that I may safely operate the DJI Phantom 3 Professional

UAS commercially along the guidelines of the accompanying operator's manual as well as P AA 

guidelines for U AS flight and safety guidelines set by the Academy of Model Aeronautics 

(AMA). 

Proposed UAS and Operations

The DJI Phantom 3 Professional weighs less than three pounds, will always be flown under 400 

feet limited via software by its GPS and barometric sensors, 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). The aforementioned proposed 

exemptions would allow me to operate the DJI Phantom 3 Professional UAS for commercial 

purposes of aerial videography and photography as a service to public and business interests, 
including: travel photography and videography, real estate photography and videography, public 

and commercial photography and videography. 

As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved similar 

use of the DJI Phantom 3 Professional UAS. These particular UAS have been proven reliable 

and safe flying machines managed by gyroscopically-stabilized flight, ground detection, GPSaided navigation, a built-in compass, blinking LED lights, a manual and automatic failsafe 

"Return to Home" mode for returning to the point of takeoff, 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 and care. 

Specific section(s) of 14 CFR which I seek relief and the reason(s) I seek relief: 

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

Given the size and limited operating area associated with the UAS to be utilized, an exemption 

from Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. As evidenced in 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 Professional does not have a cabin, cockpit, pilot station, fuselage, 

boom, or tail on which to mark large words, numbers, or phrases, I request exemption from the 

above regulation. However, in efforts to comply with the above regulation and those set by the 

Academy of Model Aeronautics (AMA), I will affix a small label to the external hull of the UAS 

indicating my name, address, and my AMA Member Number. 

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

Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations. 

However, I am able to achieve an equivalent level of safety through current FAA regulations of

UAS operation and AMA safety guidelines (outlined in the summary of this document) without 

such a certification because of the above mentioned safety features of the DJI Phantom 3. 

According to Exemption No. 12045 in which the DJI Phantom 3 Professional was authorized for 

similar operation, "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." Therefore, bearing any pilot certification or license will not 

ensure remote piloting skills of a UAS; the risks of operating this UAS are far less than the risk 
levels inherent in commercial activities with traditional aircraft given the DJI Phantom's safety 

features and the limited range and speed of the UAS. The FAA has approved a similar exemption 

to the above rule as evidenced in Exemption No. 12058. 

14 C.F.R 91.7: Civil aircraft airworthiness 

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

Futterman, to determine the airworthiness of the DJI Phantom 3 in accordance with its official 

operating manual. Written and signed pre and post-flight inspections of the propellers, motors, 

frame, landing stands, camera and gimbal unit, connected tablet devices, a compass calibration 

and properly ensured GPS locks as indicated by the DJI Phantom's display of "Safe to Fly"

message 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. These records will be dated and 

will include the total flight time of each flight. 

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

As evidenced in 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." In addition to the official safety/flight 

manual provided by DJI upon purchase of the Phantom 3, following the AMA guidelines for safe 

flight operations and the FAA regulations for UAS operations will ensure a high level of safety. 

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

I, Josh Futterman, will ensure that the UAS does not operate any higher than 400 feet at ground 

level by setting the maximum altitude at 400 feet in DJI's pilot application and ensuring this is 

set before each flight as part of the pre-flight inspection. I will not fly over congested areas or 

directly above unprotected people or moving vehicles. I will plan operations before hand for 

proper flight safety and proper height analysis as to avoid collisions. The GPS and barometric 

sensors equipped on the DJI Phantom 3 will ensure accurate altitude readings, the output of 

which will be fed to my tablet device in real time as I operate the UAS.

14 C.F.R. 91.121: Altimeter settings 

The DJI Phantom 3 utilizes the latest GPS/GLONASS technologies as well as a barometric 

sensor with live data output to the tablet device attached to the transmitter. An equivalent level of 

safety and accurate altimeter telemetry will be achieved by using this. 

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

The DJI Phantom 3 is electrically-powered by lithium ion batteries which are made by DJI 

specifically for this particular UAS. They are rated as providing 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, Evan Brown, however will always fly safely while having the manuals of the DJI 

Phantom 3 and abiding by FAA regulations for UAS operation and AMA safety guidelines. 

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

maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(l) 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 apply to aircraft with 

an airworthiness certificate. However, I, Josh Futterman, will perform both preflight and postflight inspections of the UAS before and after each flight as outlined in the operating documents. 

I, Josh Futterman, will also follow manufacturer recommendations from said operating 

documents and keep a written record of any maintenance done to the UAS. 

Public Interest and Public Safety:

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

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

aircraft and helicopters. The latter are expensive to operate and maintain, create a high level of 

noise, and are much more hazardous due to size and combustible fuel - especially if flown at low 

altitudes required for some operations. I, Josh Futterman, in addition to using my UAS for 

commercial endeavors, will also gladly offer my services free of charge upon request and with 

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

benefit the public. 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. 

Given that there is no fuel and no crew on this UAS, that it weighs under three 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, infrastructure or 

people. DJI has built in a "No Fly Zone" for major cities and points of interest that have 

registered as a "do not fly zone." Operation of the Phantom 3 cannot happen in these locations, as

any flight capabilities becomes blocked by the UAS itself if within range and the operator is 

notified. Given its GPS and ground-sensing capabilities, a failsafe "Return to Home" mode will 

safely return the craft to the operator at the push of a single button or automatically when the 

craft is either low on power or operating outside of its transmitter's range. This ensures that the 

craft will not remain airborne in unsafe conditions and pose any public danger. 

Summary

I, Evan Brown, 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)(l), 14 C.P.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)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the 

exemptions of the mentioned rules I, Josh Futterman, will be seeking to make my UAS 

photography/videography services available to public and commercial interests. The FAA has 

authorized similar operations under Exemption Nos. 12045 and 12053. 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 and safety procedures by the Academy of Model Aeronautics. These include but are not 

limited to: 

• Flying the DJI Phantom 3 safely in accordance with its operator's manual

• Maintaining active and full membership in the Academy of Model Aeronautics (AMA), which 

provides' a high level of insurance and training programs to its members. 

• Always flying below 400 feet, using the DJI Phantom's altitude limiter to ensure this. 

• Completing thorough inspection of UAS before and after flights and keeping inspection records 

with the craft at all times 

• Keeping the UAS in visual sight at all times when in operation • Using an observer to assist if 

needed 

• Remaining safely clear of and do not interfere with manned aircraft operations 

• Not flying directly over unprotected persons or moving vehicles 

• Not flying within 5 miles of an airport or control tower 

• Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

• Not flying under the influence of alcohol or drugs • Ensuring the operating environment is safe 

• Not flying over sensitive infrastructure or property such as power stations, water treatment 

facilities, correctional facilities, etc. 

• Checking and following all local laws and ordinances before flying over private property

• Not conducting surveillance or photographing persons in areas where there is an expectation of 

privacy without the individual's permission 

In addition to these above general standards, I, Evan Brown, will follow and abide by the 

following AMA safety guidelines: 

A. [DEFINITION]: A "model aircraft" is a non-human-carrying aircraft capable of sustained 

flight in the atmosphere. [This includes UAS such as the Dll Phantom 3]. 

1. Model aircraft will not be flown: 

(a) In a careless or reckless manner. 

(b) At a location where model aircraft activities are prohibited. 

2. Model aircraft pilots will: 

(a) Yield the right of way to all human-carrying aircraft. 

(b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA 

Document #540-D.) 

(c) Not fly higher than approximately 400 feet above ground level or within five miles of 

an airport. 
(d) Not interfere with operations and traffic patterns at any airport, heliport or seaplane 

base. 

(e) Not exceed a take off weight, including fuel, of 55 pounds. (AMA Document 520-A.) 

(f) Ensure the aircraft is identified with the name and address or AMA number of the 

owner on the inside or affixed to the outside of the model aircraft. 

(g) Not operate aircraft with metal-blade propellers or with gaseous boosts (AMA 

Document #555.) 

(h) Not operate model aircraft while under the influence of alcohol or while using any 

drug that could adversely affect the pilot's ability to safely control the model. 

(i) Not operate model aircraft carrying pyrotechnic devices that explode or bum, or any 

device which propels a projectile or drops any object that creates a hazard to persons or 

property. 

(j) Not operate a turbine-powered aircraft, unless in compliance with the AMA turbine 

regulations. (AMA Document #510-A.) 

3. Model aircraft will not be flown in AMA sanctioned events, air shows or model 

demonstrations unless: 

(a) The aircraft, control system and pilot skills have successfully demonstrated all 

maneuvers intended or anticipated prior to the specific event. 

(b) An inexperienced pilot is assisted by an experienced pilot. 

4. When and where required by rule, helmets must be properly worn and fastened. They must be 

OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with comparable standards. 

B. RADIO CONTROL (RC) 

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures 

and shall avoid endangerment of life and property of others. 

2. A successful radio equipment ground-range check in accordance with manufacturer's 

recommendations will be completed before the first flight of a new or repaired model aircraft. 

3. At all flying sites a safety line(s) must be established in front of which all flying takes place. 

(AMA Document #706.) 

(a) Only personnel associated with flying the model aircraft are allowed at or in front of 

the safety line. 

(b) At air shows or demonstrations, a straight safety line must be established. 

(c) An area away from the safety line must be maintained for spectators.

(d) Intentional flying behind the safety line is prohibited. 

4. RC model aircraft must use the radio-control frequencies currently allowed by the Federal 

Communications Commission (FCC). 
5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing flying 

site without a frequency-management agreement. (AMA Documents #922 and #923.) 

6. With the exception of events flown under official AMA Competition Regulations, excluding 

takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any 

individual, except for the pilot and the pilot's helper(s) located at the flight line. 

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight 

while it is still under power, except to divert it from striking an individual. 

8. The pilot of an RC model aircraft shall: 

(a) Maintain control during the entire flight, maintaining visual contact without 

enhancement other than by corrective lenses prescribed for the pilot. 

(b) Fly using the assistance of autopilot or stabilization system only in accordance with 

the procedures outlined in AMA Document #560. 

C. FREE FLIGHT 

1. Must be at least 100 feet downwind of spectators and automobile parking when the model 

aircraft is launched. 

2. Launch area must be clear of all individuals except mechanics, officials, and other fliers. 

3. An effective device will be used to extinguish any [fire] on the model aircraft. 

4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown 

closer than 50 feet to any above-ground electric utility lines. 

5. The flying area must be clear of all nonessential participants and spectators before the engine 

is started. 

I thank you for your time and effort in processing this request and look forward to cooperating 

with the FAA in its continued commitment for the safe operation of UAS. 

Sincerely, 

Josh Futterman

P.O. Box 3761 

Crested Butte, CO 81224

Josh@travelcb.com

(303) 915-9000