FMJ Aerial Services, LLC

Owner and sole operator Michael T. Steffen

751 S. Weir Canyon Rd. Ste. 157

Anaheim, CA 92808

(714) 912-4972

fmjaerial@aol.com

Dear Sir or Madam:

This petition is being submitted on my behalf without legal 

counsel or consulting services.

FMJ Aerial Services, LLC will be referred to as FMJ Aerial 

Services throughout this application.

Pursuant to Section 333 of the FAA Modernization and Reform Act 

of 2012 (the Reform Act), and 14 C.F.R. Part 11, FMJ Aerial 

Services, a freelance multimedia producer, hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) listed 

below to allow operation of our Small Unmanned Aircraft System 

(sUAS) commercially.

This activity will be 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.

The requested exemption would permit FMJ Aerial Services to 

pursue a commercial interests in providing video and photography 

to clients using a small advanced sUAS in the following areas: 

1. Residential and commercial real estate marketing.

2. Construction site safety and mapping.

3. Land mapping and surveys.

4. Boat and yacht sales.

5. Insurance documentation and claims.

6. Law enforcement training and promotion.

FMJ Aerial Services states that all sUAS flights will occur over 

private or controlled access property and will do so with the 

property owner's consent and knowledge and that only people

who have consented or otherwise have agreed to be within the UAS’ 

radius during filming and photography. FMJ Aerial Services has 

demonstrated the ability to safely and effectively fly the sUAS 

DJI Phantom 3 Pro which will be used for all commercial and 

private purposes. FMJ Aerial Services complies with local 

ordinances and laws regarding the operation of sUAS, and adheres 

to all weather and environmental restrictions or limitations in 

reference to the operations of sUAS.

All flights will occur in ordinance with any state or local laws 

regarding privacy.

I, Michael T. Steffen owner and operator of FMJ Aerial Services, 

am seeking the exemption because I am committed to complying with 

all of the rules, guidelines, limitations, and future legislation 

set forth by the FAA. I agree to operate the sUAS in the manner 

that I

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have described, and for the purposes that I have described. 

Without the exemption request granted, I would be unable to 

safely and effectively run my business, and it is my intention to 

comply with the FAA and obtain an exemption of the following 

regulations.

The following contains my list of regulations from which I am 

seeking exemption, and a complete list of responsibilities I 

assume as operator; it also contains information regarding the 

aircraft, public benefit and safety features, and similar 

petitions requests granted.

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. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 - 91.417

I, THE OPERATOR, ASSUME THE FOLLOWING RESPONSIBILITIES

1. Operations authorized by this grant of exemption are limited 

to the DJI Phantom 3 Pro when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and 

television filming are not permitted.

3. The sUAS may not be operated at a speed exceeding 87 knots 

(100 miles per hour). The exemption holder may use GPS provided 

groundspeed to determine compliance with the 87 knot speed 

restriction. In no case will the sUAS be operated at airspeeds 

greater than the maximum sUAV operating airspeed recommended by 

the aircraft manufacturer and FAA.

4. The sUAS must be operated at an altitude of no more than 400 

feet above ground level (AGL). Altitude must be reported in feet 

AGL as indicated by GPS.

5. The sUAS must be operated within visual line of sight (VLOS) 

of the PIC at all times. This requires the PIC to be able to use 

human vision unaided by any device other than corrective lenses, 

as specified on the PIC’s FAA-issued airman medical certificate 

or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The sUAS 

must be operated within the visual line of sight (VLOS) of the 

PIC and VO at all times. The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. 

The VO and PIC must be able to communicate verbally at all times; 

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electronic messaging or texting is not permitted during flight 

operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the 

flight. The PIC must ensure that the VO can perform the

duties required of the VO.

7. This exemption and all documents needed to operate the sUAS 

and conduct its operations in accordance with the conditions and 

limitations stated in this grant of exemption, are hereinafter 

referred to as the operating documents. The operating documents 

must be accessible during sUAS operations and made available to 

the Administrator upon request. If a discrepancy exists between 

the conditions and 4 limitations in this exemption and the 

procedures

outlined in the operating documents, the conditions and 

limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in 

its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track 

such revisions and present updated and revised documents to the 

Administrator or any law enforcement official upon request. The 

operator must also

present updated and revised documents if it petitions for 

extension or amendment to this grant of exemption. If the 

operator determines that any update or revision would affect the 

basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS−80) may be 

contacted if questions arise regarding updates or revisions to 

the operating documents.

8. Any sUAS that has undergone 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 prior to conducting further operations 

under this exemption. Functional test flights may only be 

conducted by a PIC with a VO and must remain at least 500 feet 

from other people. The functional test flight must be conducted 

in such a manner so as to not pose

an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the 

sUAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight 

inspection and determine the sUAS is in a condition for safe 

flight. The pre-flight inspection must account for all potential 

discrepancies, e.g., inoperable components, items, or equipment. 

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 sUAS 

is found to be in a condition for safe flight.

11. The operator must follow the sUAS manufacturer’s maintenance, 

overhaul, replacement, inspection, and life limit requirements 

for the aircraft and aircraft components.

12. Each sUAS operated under this exemption must comply with all 

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manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an 

airline transport, commercial, private, recreational, or sport 

pilot certificate. The PIC must also hold a current FAA airman 

medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a 

possession, or the Federal government. The PIC must also meet the 

flight review requirements specified in 14 CFR § 61.56 in an 

aircraft in which the PIC is rated on his or her pilot 

certificate. 

14. The operator may not permit any PIC to operate unless the PIC 

demonstrates the ability to safely operate the sUAS in a manner 

consistent with how the sUAS will be operated under this 

exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles 

and structures. PIC qualification flight hours and currency must 

be logged in a manner consistent with 14 CFR § 61.51(b). Flights 

for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and

determining the PIC’s ability to safely operate the sUAS in a 

manner consistent with how the sUAS will be operated under this 

exemption are permitted under the terms of this exemption. 

However, training operations may only be conducted during 

dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight 

operations are considered non participants, and the PIC must 

operate the sUAS with appropriate distance from non participants 

in accordance with 14 CFR § 91.119.

15. sUAS operations may not be conducted during night, as defined 

in 14 CFR § 1.1. All operations must be conducted under visual 

meteorological conditions (VMC). Flights under special visual 

flight rules (SVFR) are not authorized.

16. The sUAS may not operate within 5 nautical miles of an 

airport reference point (ARP) as denoted in the current FAA 

Airport/Facility Directory (AFD) or for airports not denoted with 

an ARP, the center of the airport symbol as denoted on the 

current FAA-published aeronautical chart, unless a letter of 

agreement with that airport’s management is obtained or otherwise 

permitted by a COA issued to the exemption holder. The letter of 

agreement with the airport management must be made available to 

the Administrator or any law enforcement official upon

request.

17. The sUAS may 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.

18. If the sUAS looses communications or looses its GPS signal, 

the sUAS must return to a pre-determined location within the 

private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted 

obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless 

(considering wind and forecast weather conditions) there is 

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enough available power for the sUAS to conduct the intended 

operation and to operate after that for at least five minutes or 

with the reserve power recommended by the manufacturer if 

greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or 

Authorization (COA). All operations shall be conducted in 

accordance with an ATO-issued COA. The exemption holder may apply 

for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must 

be identified by serial number, registered in accordance with 14 

CFR part 47, and have identification (N−Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable.

23. Documents used by the operator to ensure the safe operation 

and flight of the sUAS and any 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.

24. The sUAS must remain clear and give way to all manned 

aviation operations and activities at all times.

25. The sUAS may not be operated by the PIC from any moving 

device or vehicle.

26. All Flight operations must be conducted at least 500 feet 

from all nonparticipating persons, vessels, vehicles, and 

structures unless: Barriers or structures are present that 

sufficiently protect nonparticipating persons from the sUAS

and/or debris in the event of an accident. The operator must 

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 sUAS, flight 

operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; The owner/controller of any vessels, 

vehicles or structures has granted permission for operating 

closer to those objects 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. The PIC, VO, operator 

trainees or essential persons are not considered nonparticipating 

persons under this exemption.

27. All operations shall be conducted over private or controlledaccess property with permission from the property 

owner/controller or authorized representative. Permission from 

property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses 

the lateral or vertical boundaries of the operational area as 

defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS−80) within 24

hours. Accidents must be reported to the National Transportation 

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

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site: www.ntsb.gov

SIMILAR EXEMPTIONS

They are similar in all/or many material respects to relief 

previously requested in Grant of Exemption Nos. 11062,

11109, 11112, and 11213

Public Benefit and Safety

Unmanned Aircraft Systems (UAS) are often seen as superior to 

helicopters as an aerial video gathering platform due to the 

smaller devices cheaper equipment and personnel cost, reduced 

noise and as such, a much smaller environmental impact which 

promotes public safety.

FMJ Aerial Services is petitioning for an exemption to operate a 

DJI Phantom 3 Pro with a built-in stabilized HD camera and GPS 

safety features which limit its ability to the height it flies 

above ground level (AGL), to limit the radius of the distance it 

flies from the operator and to exclude it from operations within 

designated Class B, C and D

airspace including a no-fly zone feature. The DJI Phantom 3 Pro 

also has a failsafe function that is triggered in the event 

communication is lost between the

sUAS and the main controller transmitter. At that time, the sUAS 

will return to its point of takeoff and land safely. If the 

connection is restored, the PIC can regain control of flight and 

land manually. These specifications meet with the Model Aircraft 

Operating Standards as set below:

 The petitioner will only operate its sUAS in line-of-sight of 

a pilot and/or observer 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 

sUAS will "not create a hazard to users of the national airspace 

system or the public."

 When flying the sUAS within 5 miles of an airport, airport 

operators will be notified and the operator will give the rightof-way to avoid flying in the proximity of full-scale aircraft. 

Maximum flight time for each operation will be 30 minutes.

 Flights will be terminated when battery levels reach 25%, 

allowing sufficient reserve flight time to safely land the sUAS.

 The sUAS will be programmed so it will not be operated at an 

altitude that exceeds 400 feet AGL, and not more

than 200 feet above an elevated platform from which operation is 

planned.

 Minimum crew for each operation shall consist of: sUAS pilot, 

a visual sUAS observer, and the camera operator.

 The sUAS PIC will be an FAA licensed airman holding a minimum 

of a Private Pilot certificate and a current FAA medical 

certificate.

 The sUAS operated by the petitioner weighs less than 25 

pounds, including all payload (i.e. camera, lens, and stabilized 

gimbal).

 The sUAS will operate at speeds of no more than 50 knots, can 

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hover, and can simultaneously move vertically and horizontally.

 Given the small size of the sUAS and the restricted sterile 

environment within which it will operate, FMJ Aerial Services, 

operations adhere to the Reform Act's safety requirements.

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