November 10, 2015

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act 

of 2012 

I, Jason Pinkston, of 348 N. Bush Ave. in Hurst, Illinois 62949, hereby petition the FAA for a 

Section 333 exemption from various sections of 49 USC of Federal Aviation Regulations. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, 

I request certain exemptions in order to perform aerial videography for the purpose of video 

production using a small UAV, the DJI Phantom 3 Professional.

Sincerely, 

Jason Pinkston

President

Treetop Productions SI

TREETOP PRODUCTIONS SI
OVERVIEW:

I, Jason Pinkston, of 348 N Bush Ave., Hurst, Illinois 62949, hereby petition the FAA for a 

Section 333 exemption from various sections of 49 USC of Federal Aviation Regulations. 

I am President of Treetop Productions SI, a multi-media company specializing in video 

production. Treetop Productions SI has been in business for 10 years, and is committed to 

responsibly, professionally, and safely operating a small UAV for the purpose of capturing 

dynamic, low-altitude video imagery. 

Treetop Productions SI is committed to public safety and respecting personal privacy. An 

example of that commitment is our thorough pre and post flight protocols that we closely adhere 

to on every mission. The Pilot in Charge (PIC) is a licensed private pilot that has regularly 

piloted both single and twin engine aircraft for more than 15 years. The PIC has also operated a 

small UAV for more than three years, accumulating 30 hours of flight time.

As the president of Treetop Productions SI, I am extremely sensitive and aware of the 

importance of safety and privacy, especially as it relates to UAVs. I believe safety is the first and 

overriding priority in regards to operating a UAV. Additionally, the PIC would not operate a UAV 

in a manner as to invade the privacy of anyone unaware of our flight intentions.

GEOGRAPHIC AREA OF OPERATION: 

Our primary area of operation will be the Southern Illinois/Southeastern Missouri area.

The majority of our missions will take place in rural settings. Each flight will be done with the full 

permission and under the supervision of the land or property owner. Additionally, each flight will 

be limited to 65’ AGL, since the purpose of our operations is to capture low and slow video 

imagery that is centered on a subject at ground level.

With 15 years experience as a licensed private pilot, the PIC is experienced, knowledgable, and 

familiar with the air traffic control operations at the local airports in the region. When necessary, 

we will notify and seek approval of airport personal as required by FAA regulations.

DJI PHANTOM 3 PROFESSIONAL:

The DJI Phantom 3 Professional is a lightweight (2.8 lbs.), battery-operated, four-motor 

rotorcraft in the form of a quadcopter that takes off and lands vertically. The DJI Phantom 3 

Professional includes the following safety features:
• An onboard flight computer with GPS navigation and location ability that receives signals for 

flight controls from a ground-based transmitter/controller;

• An onboard camera capable of capturing imagery in the form of full color, high definition still 

photos and video;

• An onboard telemetry system that delivers flight data from the onboard flight computer to the 

onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight and direction back to its launch site;

• A 2.4GHz onboard radio transmitter that transmits live video from the onboard camera plus 

all the flight data from the telemetry system described above.

DJI PHANTOM 3 PROFESSIONAL GROUND SYSTEM:

• A Pilot in Charge (PIC) in operational control of a flight operation from beginning to end and 

who controls the UAV while in flight;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while in 

flight;

• A 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

• A monitor that receives live video and flight data from the UAV while in flight.

PRE-FLIGHT CHECKLIST:

• When required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the area of operation for hazards - trees, utility poles and other obstacles that might 

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might 

adversely affect flight safety and performance.

• Examine the aircraft ⎯ looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, the PIC will hover at an altitude of approximately 10 feet to assure that the 

home return point is established.

• Exercise all controls to confirm their functionality ⎯ if one of the controls is not functioning, 

the mission will be terminated immediately.

• Operate with a Visual Observer (VO) alongside the PIC who will double-check for possible 

flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping the 

UAV within Visual Line of Sight (VLOS). The VO will also assist in any emergency 

maneuvers due to unanticipated events that require a quick landing.
SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius), as 

well as restricted and prohibited zones.

• Will fly no higher than 400’ and no further than 1,000’ from the home point, recognizing that 

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the DJI Phantom 3 Professional to determine its physical 

and electronic condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a pre-flight checklist confirming battery charge, propeller connection, motor function, 

etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller after analyzing 

site.

• Use audible alarms of low battery warning from the controller to bring copter back and land 

well before battery drains.

EXEMPTION REQUEST:

I respectfully request exemption from the following regulations with which I cannot fully comply:

14CFR

Part 21 Airworthiness Certification

Subpart H "prescribes the procedural requirements for issuing and changing design approval, 

production approval, airworthiness certificates and airworthiness approval."

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 

21, and any associated noise certification and testing requirements of part 36, is not necessary."

Part 61 (a)(b) Parts, General Operating and Flight Rules

(a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations 

associated with various ratings.

(b) Aeronautical experience means pilot time, flight simulator or flight training device for meeting 

the appropriate training and flight time requirements for an airman certificate.
Response: Organized or commercially available FAA-approved flight training has yet to be 

achieved by the UAV industry. The PIC’s sources of training are: the flight instruction manuals 

from the UAV manufacturer; online videos from the manufacturer as well as videos from users; 

and most importantly, personal training in a secure location - an open area not subject to traffic 

and/or uninvolved individuals.

Those training flights, which have averaged 20 minutes each, include setup, physical and 

electronic safety checks; lift off followed by hovering at approximately 10’ to confirm that the 

GPS system is functioning properly and has registered its Home Point; a prescribed flight plan 

to familiarize and then master the fight controls and camera; returning to the launch point and 

landing. I then conduct a post-flight inspection for any problems, log the location and flight time 

and then view the video. There are no FAA certified instructors or FAA certified study guides 

available at this time as the technology continues to develop. I respectfully request an 

exemption from this rule.

§91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, takeoff 

and landing distance information.

Response: Since a quadcopter, like a helicopter, takes off and lands vertically, a DJI Phantom 3 

Professional pilot would not need to know this information since there are no runways involved 

and the return from flight is the takeoff point. The FAA has determined that "relief is not 

necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, I respectfully request relief 

from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain 

flight tests.

Response: None of these functions are applicable to a quadcopter flight and, as stated earlier, 

there are no FAA certified instructors or FAA certified study guides available at this time for 

quad-copter operation. I respectfully request an exemption from this rule.
§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails 

anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur 

without hazard to persons or property (91.119 a).

It also sets minimum altitudes over congested areas and uncongested areas as well as has a 

paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) from any person, 

vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAV since 

these aircraft are required to fly below those altitudes. Their weight, speed and GPS-controlled 

Return to Home feature mitigates incidents that could occur from loss of signal between the 

aircraft and PIC. A manned aircraft is much heavier and larger than a DJI Phantom 3 

Professional. If a DJI Phantom 3 Professional were to malfunction, it carries no humans, no 

explosive fuel and since it flies primarily over a single piece of private property, any damage 

would likely be minimal and confined to that area. As mentioned, the PIC possesses a private 

pilot’s license. This license, along with the 30 hours of accumulated UAV flight experience, will 

provide the PIC with sufficient skills to safely manage any approach under 500’. In addition, 

access to the property is strictly controlled (warning sign and the clearing of any person on the 

property not involved in the flight). I respectfully request an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the “cruising altitude or 

flight level of that aircraft." It requires that the "elevation of the departure airport" be set in the 

altimeter or the "current reported altimeter setting of a station along the route and within 100 

miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. The DJI 

Phantom 3 Professional is equipped with a barometric altimeter which automatically calculates 

the takeoff altitude (0 AGL) when the aircraft is warmed up ⎯ the launch point becomes the 

"elevation of the departure" point. The altitude of the UAV is visible in the control monitor by the 

PIC before launch and is consistently updated as the flight progresses. I respectfully request an 

exemption from this rule.

§91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things, 

that "no person may begin a flight in an airplane under VFR condition unless...there is enough 

fuel to fly to the first point of the intended landing and, “...fly after that for at least 40 minutes 

(day) and 45 minutes (night)".
Response: This regulation deals with 'reserve' fuel. This could include any condition that 

increases flight time or fuel consumption. Weather would be one factor including wind, 

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard the DJI Phantom 3 

Professional is not aviation gas but a DC battery with a maximum flight duration of 23 minutes.

Fuel management of an UAV requires constant monitoring of the battery's state-of-charge and 

bringing it home before it reaches the manufacturer’s recommended 30-percent level. In our 

training flights, we've found that a flight of 10-15 minutes to be safe, returning the DJI Phantom 

3 Professional to its Home Point around the 40-percent level. I respectfully request an 

exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable instruments

Response: Maintenance on the DJI Phantom 3 Professional is quite straight forward. If, in 

landing, a rotor blade or two are damaged, they are quickly replaced. The traditional instrument 

cluster in an aircraft is replaced by a data stream from the DJI Phantom 3 Professional, visible 

in the control monitor.

Replacement of minor parts are performed by the PIC and a major 'overhaul' that can’t be easily 

resolved will go back to the manufacturer for repair. Currently, there are no required inspections 

by 'authorized' maintenance personnel and there would be no space/room on board to install a 

placard of inoperability. I respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been 

performed. Again, approval of the maintenance before flight is essentially in the hands of the 

PIC.

Whatever maintenance is performed will be entered in the aircraft log, unless a separate 

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying 

passengers or crew members, if the flight characteristics have been substantially affected, 

before a rated pilot performs an operational check of the maintenance.

Again, this is a PIC's responsibility to preflight the DJI Phantom 3 Professional and determine its 

flyability. And, as mentioned earlier, there is no pilot, crew members or passengers on board the 

DJI Phantom 3 Professional. I respectfully request an exemption from this rule.
§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections or 

"progressive inspections" and approval by authorized persons which will lead to the "issuance of 

an airworthiness certificate."

Response: As stated earlier, there is no FAA approved inspection protocols nor authorized 

inspection personnel. The PIC handles those issues each time the DJI Phantom 3 Professional 

is prepared for flight.

The pre-flight check list enumerated earlier will be followed to determine its mechanical and 

electronic integrity. I respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement and condition of vital parts (rotors, engines & airframe). Certain records must be 

retained for one year while other records must be kept with the aircraft even when sold to 

another part.

Response: The details of this section would be impractical with a DJI Phantom 3 Professional, 

but repair issues can be entered into the aircraft log. I respectfully request an exemption from 

this rule.

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison to a 

manned fixed wing or rotorcraft. Weighing less than three pounds with camera and battery, the 

DJI Phantom 3 Professional is incapable of causing the level of damage or injury caused by a 

full-size, manned aircraft. Additionally, the ecologic and noise impact is negligible as compared 

to traditional manned aircraft. Economically, small unmanned aerial vehicles are the most costeffective solution for obtaining low and slow video, making aerial videography more affordable 

for the businesses we serve. 

Respectfully,

Jason Pinkston

President, Treetop Productions SI
ATTACHMENTS:

DJI Phantom 3 Professional User Manual

DJI Phantom 3 Professional Intelligent Flight Battery Safety Guidelines