Marvin L. Keys 

566 Par Pl. 

Belvidere, IL 61008 

(815) 332-7056 

dubutcher@aol.com

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 

14 CFR 21 subpart H 

14 CFR 45.23(b) 

14 CFR 61.113(a) and (b) 

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203 (a) and (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2) 

14 CFR 91.417(a) and (b) 

 To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR Part 11. I, Marvin Keys, operator of an Unmanned Aircraft System (UAS), DJI Phantom 3 

Professional, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its UAS, 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. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would operate in the following manner: 

 Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

 Aerial video and/or photography for public and/or private use including television, 

public/sporting events, cinematography, and news gathering. 

 Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

 Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 
 The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for 

the protection of the persons and property. 

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 

provide safety enhancements to the already safe operations in the industry presently using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements 

for the safe operation of such aircraft systems in the national airspace system.” 

The name and address of the applicant is: 

Marvin Keys 

Address: 566 Par Pl., Belvidere, IL 61008 

Ph: 815-332-7056 

Email: legaleagll@gmail.com 

Regulations from which the exemption is requested: 

14 CFR 21 subpart H 

14 CFR 45.23(b) 

14 CFR 61.113(a) and (b) 

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203 (a) and (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2) 

14 CFR 91.417(a) and (b) 

Marvin Keys will operate the DJI Phantom 3, Professional (“Phantom”), with a total weight of 1216g or 

2.68 lbs. The diagonal size is 590mm. Under still air the maximum speed is no more than 16m/s or 35.8 

mph. The Phantom has the ability to hover and move along a vertical and horizontal plane 

simultaneously. The Phantom has four motors, powered by a 4480 mAh Lithium Polymer battery. There 

are four propellers, in use. The Phantom will be controlled with a transportable controller with an 

operating frequency of 5.725 GHz – 5.825 GHz. The live video feed will have an operating frequency of 

2.4GHz ISM. The applicant will operate the UAS in line of sight within a closed off and predetermined 

area owned and/operated by the client. The Phantom has an app which allows the Pilot to monitor all 
aspects of the flight on the HUD. Attached along with this exemption request are all of the necessary 

documents and safety features of the Phantom. 

Given the small size of the UAS and the controlled environment provided the proposed operations will 

adhere to the Reform Act’s safety requirements. The approval of this application presents no national 

security issues. Regarding the level of safety surrounding the proposed operations and the public 

benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, 

the grant of the requested exemption is in the public interest. Accordingly the applicant requests that 

the FAA grant the requested exemption with minimum delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. These limitations 

and conditions to which the applicant agrees to adhere to when conducting commercial operations 

under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 

 The UAS will weigh less than 55 lbs. 

 The UAS will have a maximum operating speed of no more than 50mph. 

 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer 

(VO). 

 Maximum flight time for each operational flight will be 30 minutes. 

 Flights will be terminated at 30% battery power reserve or 30 minutes of flight time whichever 

occurs first. 

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned. 

 Minimum crew for each operation will consist of the UAS Pilot and the Visual Observer (VO). 

 The UAS pilot will have a minimum of 50 hours of flight time with the UAS. 

 A briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the days’ production activities. 

 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. In addition, 

an anemometer will be used prior to flight to measure wind speed, and atmospheric pressure in 

current flight location. 

 The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference 

Point (ARP) of a tower controlled or uncontrolled airport. 

 If operations will be within a 5 mile radius of the geographic center/ Airport Reference Point 

(ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted 

advising them of the estimated flight time, flight duration, elevation of flight and other pertinent 

information. 

 The operator will obtain verbal/written consent of all persons involved with the planned 

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

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 
determination, as required under the FOM. With the advanced permission of the FSDO, 

operations at closer range may be approved. 

 The PIC and VO will have been trained in operation of UAS and receive up-to-date information 

for the particular UAS to be operated. 

 The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

 Written and/or verbal permission and permits will be obtained from territorial, state, county or 

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies. 

 If the UAS loses communications with the remote controller or loses GPS signal, the UAS will 

have the capability to return to a pre-determined location within a designated location and land 

autonomously. 

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the 

size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment 

and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

The UAS 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 and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by both the operator and under the requirements and in compliance with local public 

safety requirements. 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 

The regulation requires: When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or experimental or 
provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to 

the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. 

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 UAS, 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 UAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the 

UAS as “Experimental.” 

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

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. Marvin Keys 

may achieve an equivalent level of safety as achieved by current Regulations because the applicant’s 

UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is 

far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the 

UAS will have a minimum of 50 hours of flight time which exceed the safety levels in relation to 14 CFR 

61.113 (a) & (b). I feel the operation and limitations set forth in the FOM will equate to the safe 

operation of the UAS. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 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 for 

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

provided. Prop locks have been issued for this aircraft so the possibility of a prop flying off mid flight is 

inevitable which also achieves a higher safety factor. 

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. The UAS, given its size and configuration 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 UAS will have immediate access to it. If for some reason the Pilot forgets the flight manual, The app 
has all documentation indicated in the hard copy manual, electronically built into the application on 

your smart phone or tablet. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

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

will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures 

including but not limited to reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. Before the aircraft takes flight, a 

home GPS location will be set for any reason the aircraft becomes disoriented in flight, and return safely 

to home. 

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

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. 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. 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 UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 

400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a 

structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above 

the highest point on the structure. 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. It also may be operated over open water close to shore keeping a distance of 500 feet as 

indicated in Section 91.119 (c). 

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 operating at or below 500 AGL. In addition, the low-altitude 

operations of the UAS will ensure separation between these UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the UAS 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 safety check list and live flight data monitoring, confirming the altitude of the launch 

site shown on the GPS altitude indicator before flight. The Phantom uses DJI Vision Positioning. It is a 

positioning system that uses ultrasonic and image data to help the aircraft identify its current position. 

With the help of Vision Positioning, the Phantom can hover in place more precisely and fly indoors or in 

other environments where there is no GPS signal available. The main components of DJI Vision 

Positioning are located on the bottom which include two sonar sensors and one monocular camera. This 

provides an significant level of safety. 

14 C.F.R §91.145(b) Management of aircraft operations in the vicinity of aerial demonstrations and 

major sporting events CFR 91.145 states: 

(b) In deciding whether a temporary flight restriction is necessary for an aerial demonstration or major 

sporting event not listed in paragraph (a) of this section, the FAA considers the following factors: 

1) Area where the event will be held. 

2) Effect flight restrictions will have on known aircraft operations. 

3) Any existing ATC airspace traffic management restrictions. 

4) Estimated duration of the event 

5) Degree of public interest 

6) Number of spectators. 

7) Provisions for spectator safety. 

8) Number and types of participating aircraft 

9) Use of mixed high and low performance aircraft. 

10) Impact on non-participating aircraft. 

11) Weather minimums. 

12) Emergency procedures that will be in effect. 

If Marvin Keys intends to use the UAS to cover sporting events from outside the activity, coordination 

will be completed by contacting the FSDO prior to the event to ascertain the presence of any other 

unmanned activities. Flight activity will be conducted based on safety and with particular attention to 

the avoidance of overflight of large concentrations of people. However, specific relief from this 

regulation is still necessary to ensure compliance with FARs. 
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed -(1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the UAS provides approximately 23 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, UAS flights would not be possible. 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 twilight VFR conditions is reasonable. Applicant 

believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating 

the 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. Additionally, this limitation would greatly reduce the utility for which the exemption will be 

granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 15 

minutes or 30% of battery power— whichever happens first. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 

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: 

a. 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 

UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to 

the UAS. Again if Pilot forgets documents, all documents can be achieved via the phone/table app. 

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. 
Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to 

the flight manual and operating handbook. An equivalent level of safety will be achieved because the 

UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited 

period of time. If mechanical issues arise the UAS can land immediately and will be operating from no 

higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. Most importantly, 

the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure 

that the UAS is in working order prior to initiating flight and perform required maintenance needed. 

Additional Information 

The applicant, Marvin Keys, has been involved in the building and the piloting of remote controlled 

aircraft for several years. He has logged hundreds of hours on RC Helicopters, Planes, and sUAS. He 

currently has logged more than 50 hours on the Phantom 3 Professional between the built in flight 

simulator on the DJI app that simulates the true functionality of the aircraft to authentic flying in real life 

scenarios. Also the primary pilot, Marvin Keys, has an in-depth understanding of the capabilities and 

safety concerns involved in using this technology as an asset to the community. The technology can be 

used in such a way that it benefits the community as a whole and can educate future pilots in a safe 

environment. The satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provides a 

level of safety that should be satisfactory to the FAA and general public. In view of the beneficial 

advantages to public safety, I respectfully submit my Section 333 exemption request for allowing the 

commercial operation of the applicant’s UAS. 

Sincerely, 

Marvin Keys 

Marvin L. Keys 

566 Par Pl. 

Belvidere, IL 61008 

legaleagll@gmail.com