March 15, 2016

PETITIONER: 

Carol Gay Real Estate

Carol Gay, Owner/Operator

28 Lumbee Cir, Unit 31

Pawleys Island, SC 29585

843-446-1747

Email: carolgaypg@gmail.com

Attn:

FAA

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

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, Carol Gay, owner of Carol Gay Real Estate, hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of my 

Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal 

Aviation Administration (FAA) so long as such operations are conducted with and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.

Regulations from which exemption is requested:

14 C.F.R. Part 21: 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. 91.109: 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) & (b): 14 C.F.R. 91.401 - 91.417 

PROPOSED OPERATIONS WOULD INCLUDE:

• Residential and Commercial Real Estate Photography and Videography

• Marketing and Advertising

• Assist Home Owners Associations

• Encourage South Carolina Tourism via Social Media

• South Carolina Real Estate Promos

• Assist Local Media

• Nature and Landscape Photography and Videography

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sUAS SUBMITTED FOR EXEMPTION OF THE ABOVE SAFETY REGULATIONS:

DJI Phantom 3 Professional Quad-rotor aircraft:

Safety failsafe features equipped to ensure safe operation; 

• Preprogrammed no-fly zones in and around airports

• GPS hovering capability

• Visual and ultrasonic sensors to augment hover capability with GPS and supplant GPS 

when satellite signals are unavailable

• Auto-return-to home-RTH to location of Home Point (location of take-off) recorded in the 

event of in-flight emergency

• Auto-return to home and auto land in the event of loss of signal or low battery

• Automatic flight logs of flight route, distance, times and date

• Geospatial Environment Online (GEO) system indicates live updated information where 

flight may raise regulatory, safety or security concerns.

The DJI Phantom 3 Professional weighs 1280g (2.28lbs.). The diagonal footprint including 

propeller arc is 590mm. Max accent and decent rates are 5 and 3 meters per second 

respectfully. Maximum speed is 16 meters per second (31.1 knots). The sUAS utilizes U.S. and 

Russian GLONASS positioning satellites. The Phantom 3 Pro is battery operated with a run time 

of approximately 20 minutes.

STATUTORY AUTHORITY FOR EXEMPTIONS 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

including sUAS's, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-4416 of this if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f).

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the public 

or a threat to national security. In making the determination, the Secretary must consider: 

• The UAS's size, weight, speed and operational capability

• Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas and away from close proximity 

to airports

Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system." Id. §333 (c).

Considering the small size of the sUAS involved and the restricted and sterile environment 

which she will operate, her application falls within the zone of safety Congress envisioned the 

FAA, by exemption, allow commercial operations of sUAS's to begin immediately. 

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In addition to the small size of the sUAS, the low altitudes and restricted areas in which her 

sUAS will operate, approval of the application presents no national security issue. 

PUBLIC INTEREST

Aerial photography and videography for real estate are proven strategies to enhance marketing 

efforts, increasing business success and growth in the local economy. The real estate industry 

has for a long time used aerial photography in marketing with costly manned aircraft. By 

granting this exemption petitioner would be able to provide services for my own small business 

but the ability to assist other small businesses with much less costly aerial photography.

Further, the small sUAS will pose no threat to the public given its small size, safety features and 

lack of combustible fuel when compared to larger manned aircraft. Additionally, the operation of 

my UAS will minimize harm to the environment and enhance economic growth by providing 

information to companies the public looks to to relocate or build in the areas the Petitioner 

services. Public and private events serviced by the petitioner's will enhance environmental and 

historical awareness of our treasured coastal towns, adding enthusiasm and cultural 

mindfulness to the community and its citizens. 

EQUIVALENT LEVEL OF SAFETY 

The Petitioner proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for an 

equivalent or higher level of safety because operations will further enhance the safety of the 

persons and/or property using conventional aircraft. These limitations and conditions to which 

the applicant agrees to adhere to when conducting commercial operations under the FAA issued 

exemption as set forth in the Flight Operations Manual (FOM) include: 

• The UAS will be less than 55 pounds. 

• Flights will be operated within visual line of sight of a pilot. 

• Maximum total flight time for each operational flight will be 15-20 minutes. The sUAS 

calculates battery reserve in real time, and will return to its ground station with at least 20% 

battery power reserve should that occur prior to the 30 minute limit. 

• Flights will be operated at an altitude of no more than 400 feet AGL. 

• The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport. 

• All flights will occur under Visual Flight Rules Meteorologist Conditions (VMC) only. 

• Crew for each operation will consist of the sUAS pilot who will keep the sUAS within his/her 

visual line of sight at all times. As well as a visual observer (VO). The sUAS pilot will be 

trained in flight operations and safety procedures via FAA regulations and the owner's 

manuals. 

• All operations will utilize a visual observer-VO. The sUAS will be operated within the visual 

line of sight(VLOS) of the VO at all times. The VO and PIC (Pilot In Command) will be able 

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to communicate verbally at all times. The PIC will be designated prior to the flight and will 

not transfer his or hers designation for the duration of the flight. The PIC will ensure that the 

VO can perform the functions prescribed in the operating documents. 

• A briefing will be conducted in regard to the planned sUAS operations prior to each day's 

production activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

• All onsite personnel will consent to the sUAS flyover on site by waiver, and the operator will 

obtain additional verbal or written consent of all persons who will be allowed within 100 feet 

of the flight operation. 

• The pilot will have been trained in operation of sUAS generally and received up-to-date 

information on the particular sUAS to be operated. 

• Written and/or oral permission from the relevant property holders will be obtained. 

• All required permissions and permits will be obtained from territorial, state, county, or city 

jurisdictions, including local law enforcement, fire or other appropriate governmental 

agencies. 

• If the sUAS loses communications with the remote controller or loses GPS signal, the sUAS 

will have the capability to return to a pre-determined location within a designated location 

and land autonomously. 

• The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, 

or emergencies. 

• The operations will be limited to a DJI Phantom 3 Pro quad-rotor aircraft weighing 2.8 lbs. 

• The sUAS will not be flown above an airspeed of 30 mph. 

• The sUAS will not be operated by the PIC from any moving device or vehicle. 

• The sUAS will remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

• Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles and structures unless:

 a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

the the UA and/or debris in the event of an accident. We will ensure that nonparticipating 

persons remain under such protection. If a situation arises where nonparticipating persons 

leave such protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or;

 b. The aircraft is operated near vessels, vehicles or structures where the owner/controller

of such vessels , vehicles or structures has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard and;

 c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present

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an undue hazard to those persons per § 91.119(a). 

• The operating documents will be accessible during sUAS operations and made available to 

the Administrator upon request. Any revisions to the operating documents will be presented 

to the Administrator upon request. 

• Prior to each flight, the PIC will inspect the sUAS to ensure it is in a condition for safe flight. 

If the inspection reveals a condition that effects the safe operation of the sUAS, the sUAS 

will not be operated until the necessary maintenance has been performed and the sUAS is 

found to be in a condition for safe flight. The Ground Control Station will be included in the 

preflight inspection. All maintenance and alterations will be properly documented in the 

aircraft records. 

• Any sUAS maintenance or alterations that affect the sUAS operation characteristics, 

e.g.replacement of a critical flight component, will undergo a functional test flight. The PIC 

who conducts the functional test flight will make an entry in the aircraft records. 

• The preflight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents. 

• The petitioner will follow sUAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

• Each sUAS operated will comply with all Safety Bulletins. 

• Prior to operations conducted for the purpose of aerial videography/photography and for real 

estate listing videos and public and private events and similar operations, unless the PIC 

has accumulated and logged in a manner consistent with 14 C.F.R. 61.51 (3), a minimum of 

25 hours of total time as a sUAS rotorcraft pilot including at least 10 hours logged as a 

sUAS pilot with multi-rotor sUAS. 

• Prior to operations conducted for the purpose of aerial videography/photography and for real 

estate listing videos and public and private events and similar operations, unless the PIC 

has accumulated and logged in a manner consistent with 14 C.F.R. 61.51 (3), a minimum of 

5 hours as sUAS pilot operating the make and model of the sUAS to be used in operations. 

The PIC will accomplish 3 take-offs and landings in the preceding 90 days. 

• The sUAS operations will not be during night, as defined in 14 C.F.R. 1.1. All operations will 

be conducted under visual meteorological conditions (VMC). 

• The sUAS will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

• The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

• The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough power to fly at normal cruising speed to the intended landing point and land 

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the sUAS with 30% battery power remaining. 

• The Petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. 

• Before conducting operations, the radio frequency spectrum used for operation and control 

of the sUAS will comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

• The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the sUAS any time the sUAS is operating. These documents will 

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

• The sUAS will not be operated over congested or densely populated areas. 

• Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB 

website:www.ntsb.gov. 

Regulations from which exemption is requested: 

14 C.F.R. Part 21: C.F.R. Part 27: 14 C.F.R. 45.23(b) and 45.27(a): 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. 91.109: 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) & (b): 14 C.F.R. 91.401 - 91.417 

REASONS FOR SEEKING RELIEF: 

14 C.F.R. Part 21, Subpart H, Airworthiness Certificates & 14 C.F.R. §91.203(a) (1). 

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. 

§91.203(a) (1). Given the size and limited operating area associated with the sUAS to be 

utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act (49 U.S.C. §4470(f) and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular US. In all cases,an analysis of these criteria demonstrates that 

the sUAS operated without an airworthiness certificate, in the restricted environment and under 

the conditions proposed will be at least as safe or safer, than a conventional rotorcraft operating 

with an airworthiness certificate, without the restrictions and conditions of the proposed sUAS 

operations. 

EQUIVALENT LEVEL OF SAFETY

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, and carries no explosive materials or flammable liquid fuels. Unlike other civil 

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aircraft, the proposed operations in this petition for exemption will be controlled and monitored 

by the operator, in accordance with FAA requirements. 

These safety enhancements, which already apply to civil aircraft operated in connection with 

existing inspection operations, provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is 

no credible threat to national security posed by the sUAS, due to its size, speed of operation, 

location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry 

a substantial external load. 

14 C.F.R PART 27: Airworthiness Standards: Normal Category Rotorcraft 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the Petitioner's sUAS would otherwise require certification 

under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27's airworthiness 

standards for the same reasons identified in the exemption request from 14C.F.R. Part 21, 

Subpart H. 

14 C.F.R. §§ 91.9(c), 45.23(b), and 45.27(a). Aircraft Marking and Identification 

Requirements

This petition seeks an exemption from the aircraft marking and identification requirements of 14 

C.F.R. § 91.9(c), 45.23(b) and 45.27(a). 

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking and placard requirements, provides that: 

no person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter. 

14 C.F.R. § 45.23(b), Markings of the Aircraft states: When marks include only the Roman 

capital "N" and the registration number is displayed on limited, restricted or light sport category 

or experimental or provisionally certified aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches or more 

than 6 inches high, the words "limited", "restricted", "light sport", "experimental" , or 

"provisional", as applicable. 

14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that 

rotorcraft horizontally on both surfaces on the cabin, fuselage, boom, or tail the marks required 

by § 45.23 

Exemption from § 45.23(b) is warranted because the sUAS has no entrance to the cabin, 

cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, given the 

size of the sUAS, two inch lettering would be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with § 45.29(f). Given the nature of the specific relief 

sought by this exemption request, Petitioner requires relief from the associated marking and 

identification requirements of § 45.27(a), § and 91.9(c), which would require compliance with § 

45.23(b) 

An equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked 

on its fuselage as required by§ 45.29(f) where the pilot, observer, and others working with the 

sUAS will see the identification on the sUAS as "Experimental". Additionally, Petitioner will 

ensure compliance with any requests of sUAS marking by the FAA. 

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14 C.F.R. 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command 

(PIC)

The Petitioner submits that the equivalent level of safety established by § 61.113(a) and (b) will 

be maintained because the PIC will be allowed to operate the DJI Phantom 3 Professional 

sUAS unless that PIC has demonstrated, by meeting the minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional sUAS in a 

manner consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels and structures. 

Considering the petitioner's proposed area of operations and the operating limitations set forth 

above, the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (see Exemption No11062), and the airmanship skills necessary 

to safely operate the DJI Phantom 3 Professional sUAS, the Petitioner submits that the 

additional manned airmanship experience of a commercially certified pilot would not correlate to 

the airmanship skills necessary for the Petitioner's specific proposed flight operations. 

The FAA has previously granted relief from § 61.13(a) and (b) specific to sUAS in circumstance 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11065, 

11109, 11180, 11112, 11138, 11153, 11160, 11213, 12645, 14868, 14822). 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. 

§ 61.51(b), 25 hours total time as a sUAS rotorcraft pilot (with a minimum or 5 hours of those 

hours as a sUAS to be used for operations under the exemption). In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for 

currency purposes). 

As in Exemption Nos. 11062, 11138 and 11153, prior to documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during the Petitioner's proposed operations. The Administrator has held that prior documented 

flight experience that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of 

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a 

manner consistent with 14 C.F.R. 61.51(b), 25 hours of total time as a sUAS rotorcraft pilot 

including at least 10 hours logged as a sUAS pilot with multi rotor sUAS. Prior operations under 

Exemption No. 11062, the PIC must have also accumulated a minimum of 5 hours as a sUAS 

pilot operating the same make and model of sUAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements to be 

inclusive rather than additive: i.e. 5 hours make and model time may be included in the 10 hours 

of sUAS rotorcraft time. In addition to the hour requirement, the PIC must accomplish 3 takeoffs 

and landings in the preceding 90 days (for currency purposes). The FAA finds that at a 

minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and 

build proficiency in the skills necessary to safely conduct the Petitioner's proposed operations. 

The FAA also finds that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy the requirement. Training, proficiency, and experience 

building flights can also be conducted under the grant of exemption to accomplish the required 

flight time. During training, proficiency, and experience-building flights the PIC is required to 

operate the sUAS with appropriate distances in accordance with 14 C.F.R. 91.119. 

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14 C.F.R 91.7(a) Civil Aircraft Worthiness 

The equivalent level of safety established by § 91.7(a) will be maintained because prior to very 

flight, the Petitioner will ensure that the DJI Phantom 3 Professional is in an airworthy condition 

based upon the sUAS compliance with it's operating documents and as stated in the conditions 

and limitations herein.

Additionally, the FAA has previously granted relief from § 91.7(a) specific to sUAS, in 

circumstance similar, in all material respects to those presented herein (e.g. Exemption Nos. 

11062, 11065, 11109, 11180, 11112, 11138, 11153, 11160, 11213, 12645, 14868, 14822).

14 C.F.R 91.9(b) (2); Civil Aircraft Flight Manual in the Aircraft 

Section 91.9 (b) (2) provides: No person may operate a U.S. registered aircraft. (2) for which an 

Airplane or Rotorcraft Flight manual is not required by 21.5 of this chapter, unless there is 

available in the aircraft a current approves airplane or rotorcraft Flight manual, approved manual 

material, markings, and placards or any combination thereof. The sUAS, given its small size and 

configuration has no ability or place to carry such a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft. 

The equivalent level of safety will be achieved by keeping the flight manual at the ground control 

point where the PIC of the sUAS will have immediate access to it. 

14 C.F.R. 91.103: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft, by their design do not have 

fully functional dual controls. sUAS and remotely piloted aircraft, by their design do not have 

fully functional dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved exemptions 

for flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft. 

14 C.F.R. 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. § 91.119(d) allows 

helicopters to be operated less than the minimum prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

being planned, an exemption may be needed to allow such operations. As set forth herein the 

sUAS will never operate at higher than 400 AGL with the exception that in circumstances where 

the sUAS is used to survey or photograph a structure whose height exceeds 400 AGL, the 

sUAS will not be operated more than 100ft above the highest point on the structure. It will 

however be operated in a restricted area with security perimeter, where buildings and people 

will not be exposed to the operations without their pre-obtained consent. The equivalent level of 

safety will be achieved given the size of the sUAS as well as the location where it is operated. 

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No flight will be taken without the permission of the property owners. Because of the advance 

notice to the property owner and participants in the filming activity, all affected individuals will be 

aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighing far more than the maximum 55 lbs proposed herein and the lack of flammable fuel , 

any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of 

the sUAS will ensure separation between these sUAS operations and the operations of 

conventional aircraft that must comply with § 91.119. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 9299, 9299A, 9565, 9565b, 10167a, 

10602, 32827 and 10700.

14 C.F.R. 91.121: Altimeter settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set"...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the sUAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F. R. 91.151(a): Fuel Requirements for Flight in VFR Conditions

This petitioner seeks an exemption from C.F.R. § 91,151(a) fuel requirements for flight in VFR 

conditions. Section 91.151 states:(a) No person may begin a flight in an airplane under VFR 

conditions unless(considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and assuming normal cruising speed. 

 (1) During the day, to fly after that for at least 30 minutes: or 

 (2) At night, to fly after that for at least 45 minutes.

The battery powering the sUAS provides approximately 20 minutes of powered flight.

An exemption from the 30-minute reserve requirement in C.F.R. § 91.151 is therefore required.

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery 

power, whichever happens first. This restriction would be more than adequate to return the 

sUAS to its planned landing zone from anywhere within its limited operating area. Operation of 

the sUAS with less than 30 minutes of reserve fuel does not engender the type risks that § 

91.151(a) was intended to alleviate given the size and speed of the sUAS. Moreover, operation 

will be limited to controlled areas where only people and property owners, or official 

representatives who have signed waivers will be allowed. 

14 C.F. R. 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in 91,715, no person may 

operate a civil aircraft unless it has with it the following: (1) An appropriate and current 

airworthiness certificate...(b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight authorization issued under 

91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The sUAS fully loaded weighs no more than 5 lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at 

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the ground control point where the PIC is flying the sUAS will have immediate access to them: 

to the extent they are applicable to the sUAS. 

14 C.F.R. §§ 91.405(a): 91.407(a) (1): 91.409(a) (2); 91.417 (a) and (b); Maintenance 

Inspections 

This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 

91.405(a); 91.407(a) (1): 91.409(a) (2); 91.417 (a) and (b). These regulations specify 

maintenance and inspection standards in reference to C.F.R. Part 43. See, e.g., 14 C.F.R. 

91.405(a) (stating that each owner or operator of an aircraft "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections... have discrepancies 

repaired as prescribed in part 43 of this chapter").An exemption to these regulations is needed 

because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which 

the sUAS will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the manufactures owners' manual. As provided in the manual, the 

operator will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance and keep a log of any maintenance performed. The operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. If mechanical issues arise, the sUAS can land 

immediately and will be operating from no higher than 400 ft AGL. Moreover, the sUAS's small 

size, carrying capacity, and the fact that flight will only take place in restricted areas for limited 

periods of time, create less risk than the same factors associated with conventional fixed-wing 

aircraft and rotorcraft performing the same operation. 

CONCLUSION:

The Petitioner greatly appreciates the need for regulations to govern our NAS for the safety of 

those who fly and those on the ground. The field of aerial photography/videography with UASs 

in cooperation with the FAA can provide for great opportunities for economic growth.

Therefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and 

Reform Act of 2012, Section 333, The Petitioner respectfully requests that the FAA grant this 

exemption to operate the DJI Phantom 3 Pro sUAS commercially for the purpose of aerial 

photography and videography. The Petitioner is prepared to modify or amend any part of this 

request to satisfy the need for an equivalent level of safety. 

Respectfully submitted, 

Carol Gay Real Estate

Carol Gay, Owner/Operator

28 Lumbee Cir, Unit 31

Pawleys Island, SC 29585

843-446-1747

Email: carolgaypg@gmail.com

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