April 24, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue

SE Washington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the 

FAA Regulations and certain parts of the FARs. 

Dear Sir or Madam:

Request: 

In order to provide safe and environmentally-friendly aerial videography and 

photography for public and business interests, I, Robert Calton, would like to formally

submit for exemptions from the following Section 333 regulations: 14 C.F.R. Part 21, 14 

C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 

91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 

C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 

91.417(a) and (b), so that I may operate the DJI Phantom 3 UAS along the guidelines of 

the accompanying operator’s manual as well as FAA guidelines for UAS flight. 

This particular UAS weighs less than three pounds, will always be flown under 400 feet, 

is electrically powered by a lithium ion battery, carries no combustible fuel or crew, and 

will be transported in proper storage to and from all flight areas (in accordance with FAA 

guidelines). These proposed exemptions would allow me to operate the DJI Phantom 3 

Professional UAS for commercial purposes of aerial videography and photography as a 

service to public and business interests, including: real-estate photography and 

videography, wedding and private individual photography and videography, public and 

commercial photography and videography, and agricultural photography and 

videography. Pursuant to exemption No. 12045 (Viglianti), the FAA recently approved

similar use of the DJI Phantom 3 UAS. These UASs have been proven reliable and safe 

flying machines managed by gyroscopically-stabilized flight, ground detection, GPSaided navigation, a built-in compass, blinking LED lights, manual and automatic failsafe 

modes for returning to the controller, and propeller guards in order to protect both the 

UAS and the environment. This particular model combines state-of-the-art, proven 

technology with high quality manufacturing and user-friendly control to ensure safe 

operation and easy maintenance. 

Specific section or sections of 14 CFR which I seek relief and the reason I seek relief: 

14 C.F.R. Part 21: Airworthiness Certificates 

Given the size and limited operating area associated with the aircrafts to be utilized by I, 

Robert Calton, an exemption from Part 21 meets the requirements of an equivalent level 
of safety under Part 11 and Section 333 of the Reform Act. Pursuant with Exemption No. 

12045, “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 conventional aircraft operating 

with an airworthiness certificate without restrictions and conditions proposed.” 

14 C.F.R. 45.23: Display of marks: general 

Because the DJI Phantom 3 The UAS will not have a cabin, cockpit, pilot station, 

fuselage, boom, or tail on which to mark words, numbers, or phrases, I request exemption 

from the above regulation.

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command 

Pursuant to Exemption 12045, “The FAA has previously declared that additional manned 

airship experience of a commercially certified pilot would not correlate to the airmanship 

skills necessary for similarly proposed operations in previously issued exemptions to this 

regulation through Exemption Nos. 11062 and 11138.” 

14 C.F.R 91.7: Civil aircraft airworthiness 

Currently there is no certificate applicable to UAS, and therefore it will be up to myself, 

Robert Calton, to determine the airworthiness of the DJI Phantom 3 in accordance with 

its official operating manual. Pre-/ post-flight inspections of the propellers, motors, 

frame, landing stands, camera and gimbal will be performed before and after each flight, 

accurate records of which will be kept with the UAS’s storage and transportation system 

at all times. 

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements 

Pursuant to Exemption 12045, since there are “no pilots or passengers on board this 

aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a safety/flight manual with the operator.” 

14 C.F.R. 91.119(c): Minimum safe altitudes

I, Robert Calton will ensure that the UAS does not operate any higher than 400 feet at 

ground level. I will not fly over congested areas. I will plan operations before hand for 

proper flight safety and proper height analysis as to avoid collisions. 

14 C.F.R. 91.121: Altimeter settings 

The DJI Phantom 3 utilizes electronic GPS with a barometric sensor with live data output 

to the mobile device attached to the transmitter. An equivalent level of safety will be 

achieved by using this. 
14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions 

The UAS that I will fly is electrically-powered by lithium ion batteries which are made 

by DJI specifically for this particular UAS. They are rated at no longer than 25 minutes 

of flight time. Therefore, due to the limitations of the batteries, it is currently impossible 

to comply with part 91.151. 

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required 

Currently, there are no procedures for providing airworthiness certificates for the 

mentioned UAS. I, Robert Calton, however will always fly safely while having the 

manuals of the DJI Phantom 3. 

14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation after 

maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(1) 

and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records 

Maintenance inspections may be required and should be granted since they only apply to 

aircraft with an airworthiness certificate. However I, Robert Calton, will perform both 

preflight and postflight inspections of the UAS before and after each flight as outlined in 

the operating documents. I, Robert Calton, will also follow manufacturer 

recommendations from said operating documents. 

Public Interest: 

Aerial photography and videography provided to the public allows for a more costeffective and environmentally-friendly method to capturing imagery than its alternative: 

manned aircraft and helicopters. The latter are expensive, create lots of noise, and are 

much more hazardous due to size and combustible fuel. I, Robert Calton, in addition to 

using my UAS for commercial endeavors, will also offer my services upon request and 

with proper coordination to any official search and rescue or emergency services 

organization to benefit the public. Given that there is no fuel and no crew on this UAS, 

that it weighs under three pounds and has propeller guards, as well as having a low 

maximum speed (less than 25mph), safe operation of this craft does not pose any

immediate danger to the environment, wildlife, or people. Given its GPS and groundsensing capabilities, a “return” mode will safely return the craft to myself, Robert Calton, 

at the push of a button or automatically when the craft is low on power. This ensures that 

the craft will not remain airborne in unsafe conditions. 

The addition of UAS-controlled aerial video and photography provides both public and 

commercial sectors with an environmentally-friendly and cost-effective means by which

to obtain photography and videography services. Because of this, an increase of 

commercial activity and a gaining of more detailed understanding of private and/or farm 

land would help local and area communities by: reducing pollution, risk, and operating 

costs by alternative aerial video and photography services such as manned airplanes and 

helicopters, reducing carbon emissions and traffic congestion by vehicles looking to view 
properties such as real-estate or farm land, and increase visibility to local attractions 

thereby bolstering local commerce and tourism. 

Summary 

I, Robert Calton, am seeking exemption from the following rules: 14 C.F.R. Part 21, 14 

C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 

91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 

C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 

91.417(a) and (b) With the exemptions of the mentioned rules I, Robert Calton, will be 

seeking to make my UAS photography/videography services available to public and 

commercial interests. Alternatively, public and commercial interests had previously

sought the use of manned aircraft to achieve what I can offer in a safer, more costefficient and environmentally-friendly manner by not using combustible fuel, flying at 

safe heights and strictly following the usage recommendations from DJI. These include 

but are not limited to: 

● Flying the DJI Phantom 3 safely in accordance with its operator’s manual

● Always flying below 400 feet 

● Thorough inspection of UAS before and after flights and keeping inspection records 

with the craft at all times

● Keeping the UAS in visual sight at all times when in operation 

● Using an observer to assist if needed 

● Remain safely clear of and do not interfere with manned aircraft operations 

● Not intentionally fly dangerously over unprotected persons or moving vehicles 

● Contact an airport or control tower before flying within 5 miles of their vicinity

● Not flying in adverse weather conditions such as high winds, rain, or impared visibility

● Not flying under the influence of alcohol or drugs 

● Ensure the operating environment is safe 

● Not flying over sensitive infrastructure or property such as power stations, water 

treatment facilities, correctional facilities, etc. 

● Check and follow all local laws and ordinances before flying over private property 

● Do not conduct surveillance or photograph persons in areas where there is an 

expectation of privacy without the individual's permission

Sincerely, 

Robert N. Calton

1061 E. Park St. #35

Carbondale, IL 62901

rcalton@siu.edu