Christopher Trim 

DBA: Magic Lantern Creation 

5723 Owl Court 

Elk Grove, CA 95758 

magiclanterncreation@me.com 

June 3, 2015 

Federal Aviation Administration 

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 and Part 11 of the Federal 

Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 

91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 

(a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b). 

To whom it may concern: 

I am writing this exemption request on my own behalf without legal counsel. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, Christopher Trim (the applicant), a professional 

photographer and owner/operator of Magic Lantern Creations, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow him to operate 

a small Unmanned Aircraft System (“sUAS”) under the conditions and limitations set 

forth in this Petition. 

The applicant is requesting exemption from the listed FAR's to allow for commercial 

operation of its sUASs for aerial images (photography and videography) of events such 

as amateur sporting events, weddings, private parties, and for showcasing Real Estate 

properties, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333.1 

As explained below, the requested exemption would permit the operation of small, 

unmanned sUAS under controlled conditions in airspace that is (a) predetermined, (b) 

limited, and (c) controlled as to access. Approval of this exemption would thereby 

enhance safety and fulfill the FAA Administrator’s responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system.” Section 333(c) of the Reform Act. 
The name and address of the applicant is: 

Christopher H. Trim 

DBA: Magic Lantern Creations 

Telephone: (916) 391-6144 

Email: magiclanterncreation@me.com 

Address: 5723 Owl Court, Elk Grove, CA 95758 

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. § 45.23(b) 

14 CFR § 61.3 

14 C.F.R. § 91.7 (a) 

14 CFR § 91.9 (b) (2) 

14 C.F.R. § 91.103 

14 C.F.R. § 91.109 

14 C.F. R. § 91.119 

14 C.F.R. § 91.121 

14 CFR § 91.151 (a) 

14 CFR § 91.203 (a) & (b) 

14 CFR § 91.205(b) 

14 CFR § 91.215 

14 CFR § 91.405 (a) 

14 CFR § 407 (a) (1) 

14 CFR § 409 (a) (2) 

14 CFR § 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS) before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following: 

• The UAS’s size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). 

If the Adminstrator determines that such vehicles “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). 

 
The Secretary has delegated his aviation authority to the Administrator of the FAA. 

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions 

from its regulatory requirements for civil aircraft, a term defined under §40101 of the 

Act, which includes sUASs. The Administrator may grant an exemption from a 

requirement of a regulation prescribed under subsection (a) or (b) of this section or any 

sections 44702-44716 of the Federal Aviation Act if Administrator finds the exemption in 

the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 

14 CFR §91.203 (a) (1). 

The sUAS that the applicant currently owns (See images and information in Appendix 

A) is a multi-rotorcraft, weighting 55 or fewer lbs. including payload. They operate, 

under normal conditions at a speed of no more than 50 knots and have the capability to 

hover, and move in the vertical and horizontal plane simultaneously. They will operate 

only in line of sight and will operate only within areas that have been deemed safe to fly 

by the PIC during pre-flight planning. 

The sUAS currently owned is manufactured by DJI (model Phantom 3 PRO). DJI is the 

leading manufacturer of multi-rotorcraft designed specifically for unmanned aerial 

photography and videography. The Phantom 3 PRO weights 1280 g and measures 

590mm diagonally (including propellers). The LiPo 4S battery weighs 365 g with a 

capactity of 480 mAh with a voltage of 15.2 V. It has several different types of safety 

features built in including a ‘Return To Home’ feature. ‘Return To Home’ that allows the 

aircraft to return to its originating coordinates and land safely on its own should the 

controlling radio signal be lost or interfered with. 

Along with the safety features built into the DJI Phantom, the Applicant will be the acting 

Pilot in Command (PIC). The applicant has been a Police Officer for over 26 years, and 

understands the risks and dangers involved with flying aircraft in populated areas and 

near airports. Such experience and safety precautions will insure that the sUAS will 

“not create a hazard to users of the national airspace system or the public.” 

Given the small size of the sUASs involved and the restricted sterile environment within 

which they will operate, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also due 

to the size of the UASs and the restricted areas in which the relevant sUASs will 

operate, approval of the application presents no national security issue. Given the clear 

direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with 

allowing UASs for aerial photographic and video operations, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that 

the FAA grant the requested exemption without delay. 
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant 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 at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a 

safety enhancement for current Aerial photography services that use conventional, ‘full 

scale’, piston/jet driven aircraft. These limitations and conditions to which Christopher 

Trim, the applicant, agrees to be bound when conducting commercial operations under 

an FAA issued exemption include: 

Reform Act Section 333 (b). 

1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 25 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 25 

minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet above ground level 

(AGL). 

5. Minimum crew for each operation will consist of the sUAS Pilot and/or a Visual 

Observer. 

6. The UAS will only operate within a confined “Secured Area” that has been 

investigated and evaluated before flight operations. 

7. The operator will obtain the consent of all persons involved in the filming and 

ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and this radius may be reduced to 30 feet based upon an equivalent 

level of safety determination. 

8. Pilot and observer have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated. 

9. Observer and pilot will at all times be able to communicate by voice and/or 

text. 

10. Pilot will actively analyze flight data and other sources of information to constantly 

update and enhance safety protocols. 

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

obtained prior to flights. 

12. 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. 

13. If the sUAS loses communications or loses its GPS signal, the UAS will have 

capability to return to a pre-determined location within the Secured Area and 

land. 

14. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured area as set out in the Manual. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by both 

the operator, pursuant to the Manual’s requirements, and under the requirements and in 

compliance with local public safety requirements, to provide security for the area of 

operation as is now done with conventional filming. These safety enhancements 

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 UAS, 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. § 45.23 (b). Marking of the Aircraft 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which 

the word “Experimental” can be placed. Given the size of the sUAV, two-inch lettering 

will be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29 (f). The equivalent level of safety will be provided by having the 

sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and 

others working with the sUAV will see the identification of the UAS as “Experimental.” 

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 

10700, 8738, 10167 and 10167A. 

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

Command. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft 

to have a private pilot’s license rather than a commercial pilot’s license to operate this 

small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living thing on board. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance as set 

forth in the Manual. The level of safety provided by the requirements included in the 

Manual exceeds that provided by a single individual holding a commercial pilot’s 

certificate operating a conventional aircraft. The risks associated with the operation of 

the sUAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations of the sUAS 

as requested with a private pilot as the PIC exceeds the present level of safety achieved 

by 14 C.F.R. §61.113 (a) & (b). 
14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

As there will be no airworthiness certificate issued for the aircraft, should this exemption 

be granted, no FAA regulatory standard will exist for determining airworthiness. Given 

the size of the aircraft and the requirements contained in the DJI Owner’s Manual for 

maintenance and use of safety check lists prior to each flight, an equivalent level of 

safety will be provided. 

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

Given its size and configuration, the UAS 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 maintained by keeping the flight manual at the ground control point where the 

pilot flying the sUAS will have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.103: Preflight action 

As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth in 

DJI Phantom Owner’s manual along with the applicant’s 25+ years of experience of law 

enforcement experience. The PIC will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data 

before initiation of flight. 

14 C.F.R. §91.109: Flight instruction: 

UAS 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. See Exemption Nos.5778K & 9862A. 

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. Section 91.119 

(d) allows helicopters to be operated at less than the minimums 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, an exemption may 

be needed to allow such operations. As set forth herein, except for the limited conditions 

stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however 
be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. The sUASs are 

equipped with telemetry back to the operator. Telemetry includes altitude, vertical and 

horizontal ground speed, direction and distance from operator. The equivalent level of 

safety will be achieved given the size, weight, speed of the UAS as well as the location 

where it is operated. No flight will be taken without the permission of the property owner 

or local officials. 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 weighting far more 

than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk 

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

conventional aircraft used in photography for Real Estate and Business. In addition, the 

low-altitude operations of the sUAS will ensure separation between these small-UAS 

operations and the operations of conventional aircraft that must comply with Section 

91.119. 

14 C.F.R. §91.121 Altimeter Settings 

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 Manual and Safety Check list, 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 

The battery powering the sUAS provides approximately 25 minutes of powered flight. 

Given the limitations on the UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or night 

VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly 

controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS. Similar exemptions have been granted to other 

operations, including Exemptions 2689F, 5745, 10673, and 10808. 
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 within 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 UAS fully loaded weighs no more than 55 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 the ground 

control point where the pilot flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS. The FAA has issued numerous exemptions to 

this regulation. A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

Given these section only apply to aircraft with an airworthiness certificate, theses 

sections do not apply to this applicant. As a safety precaution, operator will perform 

preflight inspections and ensure UAS is in working condition before initiating each flight.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7(a); 91.9 

(b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405(a); 

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a small unmanned vehicle (55lbs or less) in motion picture and television 

operations. 

Approval of exemptions allowing commercial operations of sUASs will enhance safety 

by reducing risk. Conventional aerial photography/videography operations use jet or 

piston powered aircraft. Such aircraft must fly to and from the film location. In contrast, a 

sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of 

that risk given the reduced mass and lack of combustible fuel carried on board. The 

sUAS is carried to the film location and not flown. The sUAS will carry no passengers or 

crew and, therefore, will not expose them to the risks associated with manned aircraft 

flights. 
The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a sterile environment and, as a 

result, are far safer than conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people. 

Privacy 

All photography/videography will be of people who have also consented to having their 

images captured or otherwise have agreed to be in the area where 

photography/videography will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security – provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

applicant’s UAS in the aerial photograpy/videography industry. 

Respectfully submitted, 

Christopher H. Trim 
Appendix A 

DJI Battery Safety Documentation: 

http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Guidelines_en.pdf 

DJI Phantom 3 Professional User Manual with pre-flight checklist and maintenance procedures: 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf 

DJI’s Website resource to locate NO FLY ZONEs near your current location: 

http://www.dji.com/fly-safe/category-mc 

Images of Actual DJI Phantom 3 PRO w/ controller and Ipad Air