February 2, 2016

Submitted to:

U.S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE Washington, DC 20590

Submitted by:

David C. Solheim

Prairie Chicken Aerial Productions

140 E. Cardinal Street

Garner, IA 50438

prairie.chicken.aerial@gmail.com

RE: David C. Solheim, Owner/Operator, DBA Prairie Chicken Aerial Productions, Request 

for Exemption from Title 14 of the Code of Federal Regulations Part 21, Subpart H;

Sections 61.113(a)-(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)-(2), 

and 91.417(a)-(b) Concerning Commercial Operation of DJI Phantom 3 Unmanned 

Aircraft System Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (Public Law 112-95)

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Section 333”), I, 

David C. Solheim, Owner/Operator, on behalf of Prairie Chicken Aerial Productions, hereby 

apply for exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of an unmanned aerial system (UAS) under the conditions named herein. The 

contents of this Section 333 Petition follows the Section 333 Petition Guidance & Checklist. 

1. Operator’s name and address:

David C. Solheim

140 E. Cardinal Street

Garner, IA 50438

2. The specific applicable regulations from which relief is required (CFRs): 

14 CFR Part 21, Subpart H. Airworthiness Certificates.

Considering the speed, weight, size, and limited operating area associated with the UAS, 

David C. Solheim’s operation of a DJI Phantom 3 Advanced meets the conditions of Section 

333 and therefore the petitioner requests relief from the airworthiness certificate 

requirements. 
14 CFR 61.113(a)–(b). Private pilot privileges and limitations: Pilot in command.

The petitioner requests relief from these requirements to the extent necessary to allow David 

C. Solheim, who holds a current private pilot’s license and third class medical certificate, to

operate the UAS for commercial hire as pilot in command. By meeting all minimum flight 

hour and currency requirements, David C. Solheim has demonstrated that is able to operate 

the DJI Phantom 3 in a manner consistent with this exemption, including maintaining safe 

distances from aircraft, airport facilities, and other obstructions. 

14 CFR 91.7(a). Civil aircraft airworthiness. 

The DJI Phantom 3 meets the requirements of Section 333 and is therefore exempt from the 

airworthiness certificate requirements. David C. Solheim will ensure the UAS is in an 

airworthy condition prior to every flight by checking that the UAS is in compliance with the 

operating documents—operating manual, flight log, and maintenance log—and that 

conditions permit safe flight. 

14 CFR 91.103. Preflight Action. 

These requirements do not apply to a UAS such as the DJI Phantom 3 when operated as 

described herein. 

14 CFR 91.105. Flight crewmembers at stations. 

These requirements do not apply to a UAS such as the DJI Phantom 3 when operated as 

described herein. 

14 CFR 91.109. Flight instruction; Simulated instrument flight and certain test flights.

These requirements do not apply to a UAS such as the DJI Phantom 3 when operated as 

described herein. 

14 CFR 91.119. Minimum safe altitudes: General. 

The petitioner requests relief from the safe altitude requirements set forth in this section. 

David C. Solheim will only operate the DJI Phantom 3 at or below a maximum altitude of 

400 feet above ground level (AGL) and in safe areas away from the public and other air 

traffic. Operation in this fashion will provide an equivalent or greater level of safety than 

compliance with the minimum safe altitude requirements. 

14 CFR 91.121. Altimeter settings. 

The petitioner requests relief from the altimeter settings requirements because the DJI 

Phantom 3 Advanced is not equipped with a typical barometric altimeter on board. 

However, altitude information will be provided to the PIC by global positioning system 

(GPS) and radio communications telemetry data link, which downlinks from the UAS to the 

ground controller for real-time monitoring of flight path, attitude, and altitude. David C. 
Solheim’s operation of the DJI Phantom 3 Advanced within visual line of sight, at or below 

400 feet AGL, will ensure a level of safety equivalent to section 91.121. 

14 CFR 91.151. Fuel requirements for flights in VFR conditions. 

The petitioner seeks relief from the VFR fuel requirements because the DJI Phantom 3 

Advanced is not equipped with typical AV fuel tanks capable of holding more than 30 

minutes of fuel. Instead the UAS is equipped with a lithium-ion battery capable of powering 

flight for approximately 23 minutes. Battery power indicators show exactly how much 

battery power is left in both the UAS and the ground controlled, as well as how much time 

is needed for the UAS to return home. The UAS is also equipped with an “auto home”

feature that automatically returns the UAS to its home location if the battery power reaches 

a critical level. Operation of the UAS within line of sight and under VFR as described herein 

ensures a level of safety equivalent to section 91.151.

14 CFR 91.203(a)–(b). Civil aircraft: Certifications required. 

The DJI Phantom 3 meets the requirements of Section 333 and is therefore exempt from the 

airworthiness certificate requirements

14 CFR 91.405. Maintenance required. 

The petitioner requests relief from this requirement because these requirements only apply 

to aircraft with airworthiness certificates. The DJI Phantom 3 meets the requirements of 

Section 333 and is therefore exempt from the airworthiness certificate requirements—and by 

extension these maintenance requirements. However, David C. Solheim will perform a 

preflight inspection of the UAS before each flight and ensure the UAS is properly 

maintained per the operating manual and therefore airworthy. David C. Solheim will also 

keep a maintenance and flight log. 

14 CFR 91.407. Operation after maintenance. 

The petitioner requests relief from this requirement because these requirements only apply 

to aircraft with airworthiness certificates. The DJI Phantom 3 meets the requirements of 

Section 333 and is therefore exempt from the airworthiness certificate requirements—and by 

extension these maintenance requirements. However, David C. Solheim will perform a 

preflight inspection of the UAS before each flight and ensure the UAS is properly 

maintained per the operating manual and therefore airworthy. David C. Solheim will also 

keep a maintenance and flight log. 

14 CFR 91.409. Inspections.

The petitioner requests relief from this requirement because these requirements only apply 

to aircraft with airworthiness certificates. The DJI Phantom 3 meets the requirements of 

Section 333 and is therefore exempt from the airworthiness certificate requirements—and by 

extension these maintenance requirements. However, David C. Solheim will perform a 

preflight inspection of the UAS before each flight and ensure the UAS is properly 
maintained per the operating manual and therefore airworthy. David C. Solheim will also 

keep a maintenance and flight log. 

14 CFR 91.417. Maintenance records. 

The petitioner requests relief from this requirement because these requirements only apply 

to aircraft with airworthiness certificates. The DJI Phantom 3 meets the requirements of 

Section 333 and is therefore exempt from the airworthiness certificate requirements—and by 

extension these maintenance requirements. However, David C. Solheim will perform a 

preflight inspection of the UAS before each flight and ensure the UAS is properly 

maintained per the operating manual and therefore airworthy. David C. Solheim will also 

keep a maintenance and flight log. 

3. How the operator will maintain an equivalent level of safety or no adverse impact to 

safety:

David C. Solheim will strictly abide by the following operation conditions, which ensure an 

equivalent or greater level of safety than provided by current regulations. David C. Solheim 

will:

a. Operate the UAS at or below 400 feet AGL, within a radius of 2500 feet from the ground 

controller, and in direct line of sight;

b. Obtain permission from the owner/operator of any vessels, vehicles, or structures to

conduct operations within 500 horizontal feet and only when such operation does not 

present an undue hazard;

c. Operate the UAS a maximum of 18 minutes per flight, which provides a 5 minute 

margin of error with respect to battery life;

d. Land the UAS prior to the manufacturer’s minimum recommended battery level;

e. Activate all safeguards, such as the “auto home” feature, to ensure the UAS returns to 

the home location in the event of low battery power or loss of communication with the

ground controller;

f. Operate the UAS within the flight safety protocols recommended by the manufacturer;

g. Operate the UAS a minimum of two miles away from any airport facility;

h. Perform a visual inspection of the intended flight path prior to ensure there are no 

obstructions such as power lines, light poles, radio towers, or other structures;

i. Maintain his private pilot license and medical certificate as required by Chapter 91;

j. Research and comply with all local laws and regulations concerning the flight of UASs. 
4. How granting the exemption would be in the public interest:

Conducting aerial acquisitions with the DJI Phantom 3, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, the DJI Phantom 3 produces no air pollution, and is the 

most viable environmentally conscious alternative to the cabin class, six cylinder internal 

combustion engine aircraft that are typically utilized for aerial video and photography, 

while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI 

Phantom 3, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UAS are propelled by battery powered electric motors, rather than an 

internal combustion engine. 

By using the DJI Phantom 3 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 Phantom 3 (weighing 

approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 

inches, 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 6,000 pounds with a wingspan of 

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons)

In addition to being safe and efficient, the DJI Phantom 3, when operated under this 

exemption, will also benefit the local economy of North Iowa. Many local businesses—such 

as realtors, event planners, live performance artists, and traditional photographers—have 

expressed interest in aerial video and photo services for use in marketing and sales 

materials. However, traditional aerial photography is so expensive as to be out of reach for

most local businesses. Prairie Chicken Aerial Productions intends to fill this niche by 

providing low-cost, high-quality aerial productions to make local businesses more dynamic 

and competitive. 

5. The proposed operations:

David C. Solheim intends to operate the DJI Phantom 3 under the name Prairie Chicken 

Aerial Productions (“Prairie Chicken”). Prairie Chicken will provide aerial video and photo 

production capabilities to a wide variety of local businesses, including high-end realtors, 

traditional photographs, event planners, music artists, car and boat sales, roof inspectors, 

and others. These services will be provided under written contracts with adequate 

provisions for liability for damages done to people and property. 
6. The make and model of the aircraft for proposed operations:

Make and model: DJI Phantom 3 Advanced Quadcopter 

Weight: 2.82 lbs

Diagonal size: 23.23 in

Max speed: 35.79 mph

Max ascent speed: 11.18 mph

Max descent speed: 6.71 mph

Max range: 2.17 miles when CE compliant

Operating frequency: 2.400 GHz—2.483 GHz

UAS Certificate Number: FA3W9EXCN9 (Issued 01/09/16)

Wherefore, in accordance with the FAA Modernization and Reform Act of 2012, and specifically 

section 333, the petitioner respectfully requests exemption from the regulations outlined herein. 

Respectfully submitted,

David C. Solheim

Owner/Operator

DBA Prairie Chicken Aerial Productions

140 E. Cardinal Street

Garner, IA 50438

prairie.chicken.aerial@gmail.com