Request for Section 333 Exemption Videography and Photography 

03/01/16

by/for 

Terry Fravel 

This document constitutes an exemption Request under Section 333 of the FAA Modernization 

and Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography & Videography

by/for Terry Fravel. The main use of this UAS would be creating training videos for driving 

school and taking golf course photos and videos. The UAS system that I plan to use is a DJI 

PHANTOM 3 STANDARD. 

1. The safe operation to the UAS and/or persons and/or property will be kept to a minimum by

always flying the UAS within visual eye contact, less than 400 ft above ground and never 

directly above persons or public places. The orientation of flights will be such that the pilot in 

command (PIC) always has a visual on the rear mounted LED flight Indicator. Additional safety 

features on the DJI PHANTOM 3 STANDARD include return to home, low voltage, enhanced 

fail-safe. All operations will include a visual observer (VO) aiding the PIC. 

2. Preflight inspection would consist of checking battery condition/level in both the transmitter 

and UAS. The binding/link feature will not let the UAS start if communication is not established. 

A check for power-lines, antennas and other overhead objects would be performed. Wind 

conditions would be monitored and be a factor for flying. 

3. The radio frequency of the DJI PHANTOM STANDARD 3 is in 2.400GHz- 2.483GHz range. 

Maximum take-off weight less than 1280g. Max Ascent speed 5 m/s, max descent speed 3 m/s. 

Maximum flight speed 16 m/s (ATTI mode, no wind). 

4. The PIC will be only myself and I have a minimum of 50 plus flights with the DJI

PHANTOM 3 STANDARD in a hobbyist manner. I am currently in the process of obtaining a 

Sport Pilot Certificate (SPC) and will only fly the drone commercially when the SPC is obtained. 

Until the SPC is obtained commercial flight of the DJI PHANTOM 3 STANDARD will be 

flown by a licensed pilot. Testing, updating, and programming the DJI PHANTOM 3 

STANDARD firmware would be done on a monthly schedule. 

5. I am in good medical health and sound mental health. 

6. The intended use of this DJI PHANTOM 3 STANDARD is to provide aerial images and video 

to driving schools and golf courses - an option that had not been viable for these businesses until 

the recent boom in drone popularity. 

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera 

metadata recorded on a hard drive. This data would be kept readily available for a period of 1 

year after each aerial flight for hire. 
8. In use flight time for UAS operation during driving school and golf course projects would be 

no more than 60 minutes. Each battery lasts approximately 15 minutes of uninterrupted flight 

and I own four batteries. 

9. Proximity of local airports: there is one airport in my area of operation. Canton/Akron Airport 

(CAK). The UAS will not be operated within 5 miles of this airport. Note: The latest firmware 

for the DJI PHANTOM 3 STANDARD Will not allow the drone to operate within a no fly zone 

(airports, etc) in compliance to FAA rules and regulations.

Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21

Along with Sections: 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R . 91.119 (a) (b) & (c) 

14 C.F.R. 91.121 

14 C.F.R. 91.405 (a) 

14 C.F.R. 91.407 (a) (1) 

14 C.F.R. 91.409 (a) (2) 

14 C.F.R. 91.417 (a) & (b) 

The petitioner requests relief from the following regulations: 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness certificates, and airworthiness approvals. 

Section 45.23 (b) prescribes, in pertinent part, that 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.

Reason for relief: The body of the DJI Phantom is too small to support this size of markings. 

Action: The UAS will be marked with the business name, contact information and word 

“Provisional” made as large as possible. In addition the serial number is listed with the 

manufacture and searchable on the internet. 

Section 61.113 (a) & (b) prescribes that— (a) 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; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) 

a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

Reason for relief: (A) & (B) The flights are only incidental to the business of photography. This 

UAS is too small to carry a pilot or passenger and will not carry or deliver any personal property 

for hire. In addition obtaining a private pilot certificate would be an unnecessary requirement 

and/or hardship for the purpose of unmanned aerial photography. 
Action: The only payload for this exemption is a fixed camera. No other payload/payloads will 

be allowed. 

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it 

is in an airworthy condition. 

Reason for Relief: Airworthy condition is not defined in the Phantom 3 Standard manual. 

Action: An airworthy preflight inspection would be checking battery condition/level in both the 

transmitter and UAS. The binding/link feature will not let the Phantom Standard 3 start up if 

communication is not established. Check for power-lines, antennas, and other overhead objects 

would be performed. Wind conditions would be monitored and be a factor for flying. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft 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. 

Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft Flight 

Manual. 

Action: There is a “Checklist before every flight” instruction tag attached to the body of the 

Phantom 3 Standard that will be followed and on page 44 of the user manual. 

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude 

allowing, if a power unit fails, an emergency landing without undue hazard to persons or 

property on the surface. (b) Over congested areas. Over any congested area of a city, town, or 

settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested 

areas. An altitude of 500 feet above the surface, except over open water or sparsely populated 

areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, 

vehicle, or structure. 

Reason for relief: This UAS Phantom 3 Standard at most times would be operated at less than 

the minimums prescribed in paragraph (b) or (c) of this section. The regulation states that over 

sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, 

vessel, vehicle, or structure. Since the typical photo assignment would be photography driving 

instructors illustrating driving techniques and of golf courses it would occasionally be necessary

to operate closer than 500 feet. 

Action: Operations will only be flown over property where permission has been obtained and 

careful pre-planned has been performed. If/when the low battery LED flashes the UAS will be 

landed in a safe manner. Due to the small size and weight of the Phantom Professional 3, the 

hazard to persons, vehicles and structures is minimal compared to manned aircraft. 

Section 91.121 requires, in pertinent part, 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. 

Reason for relief: The Phantom 3 Standard is not equipped with an altimeter and can hover 

within a 10 foot radius in all directions. There is no minimum cruising speed and it will not be 

launched from an airport. 
Action: The above ground level height will be less than 400 feet programmed into the firmware 

and never flown out of visual eye contact or at night. 

Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected. 

Reason for relief: There is no certified inspection facility and the Phantom 3 Standard will not 

power on if it fails the POST (power on self test). 

Action: In the event that the Phantom 3 Standard needed inspection for any major or intermittent 

problems it would be safer to replace the entire UAS. 

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under section 43.7 of the same chapter. 

Reason for relief: Replacement of props, motors, and batteries should be allowed by the 

operator. In addition updating firmware when required should be allowed. 

Action: Parts will be genuine factory replacement. Only manufacture approved firmware will be 

uploaded. 

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

Reason for relief: There is no certified inspection facility or process for the Phantom 3 

Standard. Estimated flight times for photo shoots would be less than 40 minutes possibly 2 times 

a week which would be approximately 80 minutes of flight time per week. 

Action: When any flight or intermittent problem become apparent and is not remedied by a 

simple repair the entire UAS would be replaced by the same model or as close to the DJI 

Phantom Professional 3. 

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall 

keep the following records for the periods specified in paragraph (b) of this section: 

Reason for relief: Due to the popularity, simplicity, size and limitation of the Phantom 3 

Standard this could become an overburden for the owner/operator and any regulating agency. 

Action: All photo flights for hire would have the date, time, GPS coordinates along with the 

camera metadata recorded on a hard drive and also backed up to a DVD. This data would be kept 

readily available for a period of 1 year after each aerial flight for hire. 

Public Interest: Granting my request would be in the public interest by giving an opportunity

for driving schools and golf course photographers to offer safer and more competitively priced 

aerial photography and videography to the general public. 

Adversely affect safety: This exemption would not adversely affect the safety of the general 

public due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial 

photography from a manned aircraft, low altitude photography from a UAS would be safer and 

have less of an environmental impact. 
Additional view/comment: As a competent photographer, the need to offer photography from a 

UAS is something that will help my business and clients. I am in hopes that this exemption is 

granted so I can assist in the ground floor education and lead by good example for the good of 

the people. The DJI PHANTOM 3 STANDARD will not be flown at night and never in the flight 

path of manned aircraft. The first condition listed to always keep visual eye contact on the 22mm 

LED flight indicator is probably the most important. My main objective is to offer aerial driving 

school training and golf course photography/videography at a competitive rate for the general 

public in the safest way possible. 

Respectfully, 

Terry Fravel

1174 South Main Street NE North Canton, OH 44720 CELL: 330.933.7339