November 3rd 2015

Maxwell Palmer

15538 E. Melanie Dr.

Scottsdale, AZ 85262

602-430-7457

palmer_max@yahoo.com

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave 

SE

Washington, DC 2059 

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 

Attachments: 

1. 1) DJI Phantom 2+ User Manual as downloaded HERE (file size too large to 

attach)

References: 

1. 1) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the 

matter of the petition of DOUGLAS TRUDEAU 

2. 2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the 

matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 

3. 3) FAA Exemption No. 11080 Regulatory Docket No. FAA-2014-0355 in the 

matter of the petition of FLYING CAM INC 

Dear Sir or Madam, 

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under 

section 333 of the FAA Modernization and Reform Act of 2012, Maxwell Palmer, 

referred to hereafter as the petitioner, request exemption from the following sections of 

Title 14, Code of Federal Regulations: 

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 

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

In order to operate small unmanned aircraft systems (UAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) for the purposes of aerial 

photography of primarily the petitioner’s real estate listings. Operations will be 

performed only at the request of and with the authorization and permission of clients or 

their authorized agents in order to better highlight homes for sale via aerial photography.

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. The conditions 

identified and proposed by the petitioner are drawn from references 1-3. 

The FARs 

The petitioner seeks exemption from the above-mentioned FARs for the following 

reasons; 

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of 

pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating under 

this exemption would be required to comply with any conditions as set forth and in a 

similar fashion to the previously granted exemptions. 

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations 

conducted closer than 500 feet to the ground may require that the UA be operated closer 

than 500 feet to essential persons, or objects that would not be possible without additional 

relief. The petitioner requests modification, waiver or exemption and clarification 

concerning the terms “congested areas” and “densely populated”. The petitioner requests 

waiver for this condition to allow reasonable and responsible operations in areas of 

subdivisions and neighborhoods if required. 

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since 

the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric 

sensor for altitude information. 

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS 

LLC) prior relief has been granted for manned aircraft to operate at less than the 

prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, 

similar UAS-specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 

for daytime, VFR conditions. The UAS provides battery power remaining in percent to 

the PIC. The UA batteries provide approximately 25 minutes of powered flight. 

Information provided in the operating documents discusses procedures regarding 

remaining battery power management. Those documents contain a condition in which the 

PIC will initiate a landing procedure when battery remaining reaches a specified level. 

Given the limitations on proposed operations and the location of those proposed 

operations, the FAA found that a reduced minimum power reserve for flight in daytime 

VFR conditions was reasonable. 

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in Exemption 

11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the 

UAS is in a condition for safe flight in accordance with the operating documents. The 

FAA found that adherence to the petitioner’s operating documents and the conditions and 

limitations specified, describing the requirements for maintenance, inspection, and record 

keeping, were sufficient to ensure that safety would not be adversely affected. 
The UAS 

The petitioner plans on utilizing the DJI Phantom 2+. This airframe is a "pro-sumer" 

grade small rotorcraft in the quadcopter configuration powered by electric motors.

Individual Specifications for the airframe is located in the table below. 

This airframe utilizes an internal inertial measuring unit (IMU) global positioning system 

(GPS) to maintain its geospatial orientation and position. It is controlled primarily

through an FCC certified radio control (RC) unit. Real time video and telemetry

information is transmitted back to a ground control station allowing the operator and/or 

PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, 

camera imagery, and control camera angle. 

Failsafe modes of operation for either loss of signal (RC or GPS) or battery level. 

Altitude is limited and pre-programmed to not exceed 400ft AGL. Battery life limits 

flight times to approximately 20-25 minutes for each airframe. The onboard flight 

controller will warn the pilot via telemetry and external lighting cues before reaching a 

low battery state. An automatic termination of flight and landing will be initiated when 

the battery reaches a predetermined low state. It is anticipated that flights will usually last 

less than 10 minutes. More information is available in product manual, which is attached.

UAS Airframe Specifications 

DJI Phantom 2+

Weight (Pounds) Approx 3lbs

Dimensions (inches) 19”X19”X8”

Max Speed (Knots) 30

Risk Mitigation 

The petitioner has reviewed FAA exemptions reference’s 1-3 Conditions and Limitations 

section and believes that the procedures specified therein are reasonable and will be 

utilized in order to manage and mitigate risk and ensure public safety. A preflight 

checklist has been developed and employed to ensure that the UA airworthiness will be 

verified before launch. Airworthiness will be maintained by performance of routine 

inspections before each flight.

The petitioner requests that in a manner similar to reference 3, he be allowed to operate 

within 5 miles of an airport provided that; 
“The UA may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UA may not operate within 5 nautical miles of the geographic center of a nontowered 

airport as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of agreement 

with the airport management must be made available to the Administrator upon request.” 

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner 

is requesting a mechanism to facilitate such activities without requesting a new and 

separate exemption(s) should the need arise. Operations within Class B airspace are not 

requested due to the lack of Mode C transponder. 

Public Interest 

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned aircraft 

of greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS 

in order to facilitate commerce could lead to economic growth. Operations for this 

petition will enable service for property owners or their designees seeking an enhanced 

perspective for characteristics, amenities, and benefits of their desired photographic

subjects that cannot be displayed through ground level videography/photography. Aerial 

photography is a valuable marketing tool that can lead to increased commerce and 

enhance personal photography. The petitioner will provide clients with photographic data 

for these purposes on a ‘for hire’ basis acting as an independent contractor. A visual 

observer will be utilized. 

Conclusion 

The petitioner is requesting this exemption for the purposes of “aerial photography, 

cinematography, and videography. There is demand for this service within the real estate 

industry and more specifically the luxury real estate market. The petitioner is uniquely

suited for such operations being a licensed pilot as well as a real estate agent and would 

like to be able to take advantage of the above skillset in a legal manner.

Adding to the level of safety and experience in these operations, the petitioner has 5 years 

of experience in the radio control model aircraft hobby, 17 years experience in general 

and commercial aviation and holds the following FAA Licenses and Ratings: 

Airline Transport Pilot Certificate (AMEL) Commercial Pilot License (ASEL)

Certified Flight Instructor - Single and Multi Engine Land, Instrument Airplane

Thank you in advance for your time and consideration.

Kind Regards, 
Maxwell Palmer