Peak9 Consulting, LLC.

Mark Whitbeck

11856 E. Maplewood Ave.

Greenwood Village, CO 80111

509-995-0745

mark.whitbeck@gmail.com

Peak9 Consulting, LLC is petitioning the Federal Aviation Administration (FAA) for an exemption to Section 333 of 

the FAA Modernization and Reform Act of 2012 (FMRA) and 14 CFR part 11.

Peak9 Consulting, LLC is a Colorado-based limited liability company in good standing desiring to supply sUAS (small 

unmanned aircraft system), aerial photography and videography to local businesses. The exemption would allow 

Peak9 Consulting, LLC to operate commercially a sUAS, identified as a DJI Phantom 3 Advanced with a camera 

safely and securely mounted using a mechanical stabilizer gimbal for the purpose of aerial videography and 

photography for:

1. Real estate

2. Constructions site mapping

3. Landscape imagery 

4. Insurance claims due to natural disasters 

5. Private and public events while operated away from the population

6. Business marketing/advertising 

Peak9 Consulting, LLC agrees to operate within the boundaries set forth by this exemption and to provide a 

professional and safe service in the aerial photography and videography field.

The ability to provide these services to local businesses and individuals in our community will benefit them by 

opening up opportunities they otherwise could not have. Traditional methods of aerial photography/videography 

are simply not viable options for the average consumer as they are not cost effective and involve great risks to 

everyone involved. A sUAS drone operation is much more affordable & safer to the community. The sUAS is better 

for the environment compared to traditional aerial options as it does not use flammable fuel, it has a zero carbon 

footprint, it does not hold a pilot, or cargo, it is small and it is safely controlled by the PIC.

The safe operation of the sUAS will be the first priority before, during and after every operation. Flight operator 

and spotter will inspect all aspects of the sUAS, the batteries and the controller to ensure safe and proper 

operation, before take-off the internal GPS locks in coordinates in case the return to home function is enabled. If 

for any reason these safety protocols fail or the weather is not in agreement the drone will not be operated.

A post flight check will also take place at the change of each battery.

The DJI Phantom 3 Advanced has numerous safety features such as:

1. Failsafe mode. Engages the UAS to safely return home and automatically land should signal between 

controller and UAS be interrupted, return home GPS point is set before each flight.

2. Low battery alerts. If the battery lowers to 20% the phantom will alert user but also utilize GPS to return 

home (starting GPS point) should battery levels begin to reach a critical point.
3. No fly zone. A no fly zone feature in which the sUAS will not function if in the region of a class A or B fly 

zone.

4. Pre-flight enabled geofencing. The sUAS can set a predetermined distance and altitude allowing it to stay 

inside desired limits and away from unwanted areas or obstacles.

The sUAS intended for use meets all operational limitations of the Major Provisions of Proposed Part 107:

1. The sUAS DJI Phantom 3 Advanced has a weight of less than 3 pounds making it below the 55 pound limit, 

a length of 16 inches and a width of 16 inches, height of 8 inches, and has a max speed of 16m/s (35.71 

mph) putting it far below the 100mph limit.

2. The aUAS has readable markings of red and blue to identify the device.

3. The aUAS has readable markings in compliance of FAA sUAS registration rules. The UAS certificate 

number is: FA3XWHTXP4

In addition to the requirements already set forth by C.F.R. Title 14 and the applicable FAR, the petitioner will: 

a. Only operate its sUAS in direct visual line of sight of the pilot and observer without use of a 

visual aid other than corrective lenses. 

b. Operate at an altitude no greater than 400 feet above ground level. 

c. Operate with due vigilance and known practiced see and avoid scanning techniques to avoid 

any conflicts with manned or other UAS aircraft that may enter the sUAS operating area. The 

UAS flight will be immediately terminated if a potential conflict may exist. The sUAS will yield to all 

manned aircraft at all times. 

d. Operate over private or public sites only with prior permission from property owner or 

owner’s agent or legal authorities as allowed by law. 

e. Terminate flight when any unsafe condition exists. 

f. Terminate flight when battery voltage drops to 20% of battery capacity or when the low 

battery alert occurs per the Instruction Manual. 

g. Operate at a ground speed of 0 to 40 knots during on site missions, current sUAS maximum speed is 13 

knots. 

h. Operate in accordance with the guidance and standards set forth by the sUAS manufacturer and the 

administrator. 

i. Operate with a minimum crew for each operation consisting of the PIC and a visual observer in direct 

communication utilizing appropriate verbal, radio or cell phone as needed. 

j. No UAS operations will be conducted within 5 miles of an airport unless prior authorization has been 

given by the airport in question.
k. Will not "create a hazard to users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b) 

All non-participating persons shall be a minimum of 300 feet from the sUAS. If a non-participating person 

comes within 300 feet of the sUAS, flight operations will cease. 

l. All sUAS operations shall take place during daylight hours under proper conditions equivalent to Visual 

Flight Rules (VFR) with the sUAS no more than 1/2 mile from the PIC. 

m. At no time shall the sUAS be operated with missing or manufacturer unapproved parts, or in any 

condition that could pose a hazard to any other aircraft or structure or person on the ground. 

The requests of this petition are similar to those of J and J Studios LLC. (FAA–2015–4500), William J. Camp 

(FAA–2015–4030), and 360 CloudView (FAA–2015–5090), all of whom have received Section 333 

exemptions for comparable aircraft for similar operations.

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)

Included in this petition is the DJI Phantom 3 Adv. quick start guide, user operating manual, smart battery safety 

guidelines and the general safety guidelines document, all directly from DJI.

Summary: 

Peak9 Consulting, LLC is requesting an exemption for the purpose of operating a sUAS to provide real estate 

photography, real estate cinematography, construction site mapping, landscape imagery, insurance claims due to 

natural disasters, private and public events while operated away from the population, business 

marketing/advertising.

The use of a sUAS will provide a benefit to the general public and serve the public interest by providing the service 

of aerial photographic images and video to numerous businesses and individuals for considerably less than the 

previously only available option of utilizing manned aircraft at a greater level of safety. With the market in high 

demand of this service, Peak9 Consulting, LLC desires to provide this service with safety and quality in mind while 

abiding by local and governmental laws.