January 5, 2016

 Petition For Exemption

 Jed A. Goldberg

 d.b.a Dovetail Media

Re: Exemption request seeking relief from the requirements of Title 14 of the code of Federal

Aviation Regulations: Part 21 Subpart H; 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.119; 91.121;

91.151(b); 91.203(a) & (b); 91.405(a); 91.407(a) (1); 91.409(a)(1) & (a) (2); 91.417(a)&(b)

concerning commercial operation of an Unmanned Aircraft Systems-Pursuant to Section 333 of 

the Federal Aviation Administration ("FAA") Modernization and Reform Act of 2012.

To Whom It May Concern,

I, Jed A. Goldberg, am a small business owner in the state of New York, who has extensive

experience in photography and videography, utilizing an array of camera and video equipment.

I have now added a DJI Phantom 3 Professional, an Unmanned Aircraft System (UAS) to my

inventory.

As an owner and operator of an UAS, am writing pursuant to the FAA Modernization and 

Reform Act of 2012 and requirements of 14 C.F.R. 11, to request exemption from the Federal 

Aviation Regulations and operate my DJI Phantom 3 Professional commercially, conducting 

aerial video and photography within airspace regulated by the FAA for hire or compensation.

My DJI Phantom 3 Professional is equipped with a camera that can record up to 4K and capture

12 megapixel photos with a fully stabilized 3-axis gimbal. It has a vertical takeoff and landing

(VTOL) with a Ground Control Station (GCS) that can be utilized with an electronic tablet or 

smart phone systems. Its gross weight (including battery and propellers is 2.82 lbs. Its diagonal 

size (including propellers) is 590mm. It has a maximum ascent speed of 5m/s, a maximum 

descent speed of 3m/s with maximum speed of 16m/s.

The DJI Phantom 3 Professional is equipped with four main rotors; powered by a Lithium 

Polymer battery and has a fully integrated, intelligent system that helps you fly (Vision 

Positioning Technology). It is equipped with a GPS and auto-return home safety mechanism.

The DJI Phantom 3 Professional will be registered in accordance with 49 U.S.C. 441 03,

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in

accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

In accordance with 14 C.F.R. § 11.81, I, Jed A Goldberg, provide the following information in

support of my petition for exemption:
14 Name and Address of Petitioner

Jed A. Goldberg d.b.a Dovetail Media

408 West 149th St.

APT. 2

(201) 546-4231

Email: jedgoldberg@gmail.com

B. The Specific Sections of Title 14 of the Code of Federal Regulations from Which, I Jed 

A. Goldberg Seek Exemption are:

 1. I, Jed A. Goldberg seek exemption from the requirements of Part 21 Subpart H.

 Part 21, entitled Certification procedures for products and parts, Subpart H-Airworthiness

 Certificates.

 2. I, Jed A. Goldberg seek exemption from the requirements of section 61.113(a) & (b).

 Section 61.11 3, entitled Private pilot privileges and limitations: Pilot in command, subsections

 (a) and (b):

 (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an

 aircraft that Is carrying passengers or property for compensation or hire; nor may that

 person, for compensation or hire, act as PIC of an aircraft.

 (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with

 any business or employment if—

 (1) The flight is only incidental to that business or employment; and

 (2) The aircraft does not carry passengers or property for compensation or hire.

 3. I, Jed A. Goldberg seek exemption from the requirements of section 91.7(a)

 Section 91.7, entitled Civil aircraft airworthiness, subsection (a) No person may operate a civil

 aircraft unless it is in an airworthy condition

 4. I, Jed A. Goldberg seek exemption from the requirements of section 91.9(b)(2)

 Section 91.9, entitled Civil aircraft flight manual, marking, and placard requirements, 

 subsection (b) (2) requires an aircraft flight manual in the aircraft 

 5. I, Jed A. Goldberg seek exemption from the requirements of section 91.119

 Section 91.119, entitled Minimum safe altitudes: General:

 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 falls, 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.

 (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is

 conducted without hazard to persons or property on the surface-

 (1) A helicopter may be operated at less than the minimums prescribed In paragraph (b) or

 (c) of this section, provided each person operating the helicopter complies with any routes or

 altitudes specifically prescribed for helicopters by the FAA; and

 (2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

 minimums prescribed in paragraph (c) of this section.

 
 6. I, Jed A. Goldberg seek exemption from the requirements of section 91.121

 Section 91.121, entitled Altimeter settings, subsection (a):

 (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that

 aircraft, as the case may be, by reference to an altimeter that is set, when operating--

 (1) Below 18,000 feet MSL, to--

 (i) The current reported altimeter setting of a station along the route and within I00 nautical

 miles of the aircraft;

 (ii) If there is no station within the area prescribed in paragraph (a)(l)(i) of this section, the

 current reported altimeter setting of an appropriate available station; or

 (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport 

 or an appropriate altimeter setting available before departure.

 7. I, Jed A. Goldberg seek exemption from the requirements of section 91.151 (b)

 Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b):

 (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. 

 8. I, Jed A. Goldberg seek exemption from the requirements of section 91.203(a) & (b)

 Section 91.203, entitled Civil aircraft: Certifications required, subsections (a) & (b):

 (a) Except as provided In §91.715, no person may operate a civil aircraft unless it has within

 it the following:

 (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate

 used to comply with this subparagraph (except a special flight permit, a copy of the

 applicable operations specifications issued under §21.197(c) of this chapter, appropriate

 sections of the air carrier manual required by parts 121 and 135 of this chapter containing

 that portion of the operations specifications issued under §21.197(c), or on authorization

 under §91.611) must have on it the registration number assigned to the aircraft under part 47

 of this chapter. However, the airworthiness certificate need not have on it on assigned special

 identification number before 10 days after that number is first affixed to the aircraft. A

 revised airworthiness certificate having on it on assigned special Identification number, that

 has been affixed to on aircraft, may only be obtained upon application to on FAA Flight

 Standards district office.

 (2) An effective U.S. registration certificate Issued to its owner or, for operation within the

 United States, the second copy of the Aircraft registration Application as provided for in

 §47.31 (c), or a registration certification issued under the laws of a foreign country.

 (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.

 9. I, Jed A. Goldberg seek exemption from the requirements of section 91.405(a)

 Section 91.405, entitled Maintenance required, subsection (a):

 Each owner or operator of on aircraft-

 (a)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.

 10. I, Jed A. Goldberg seek exemption from the requirements of section 91.407(a) (1)

 Section 9 I .407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

 alteration, subsection (a)(l ):

 (a) No person may operate any aircraft that has undergone maintenance, preventive 

 maintenance, rebuilding, or alteration unless--
 (1) It has been approved for return to service by a person authorized under§ 43.7 of this

 chapter

 11. I, Jed A. Goldberg seek exemption from the requirements of section 91.409(a) (1) &

 (a) (2)

 Section 91.409, entitled Inspections, subsection (a):

 (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

 unless, within the preceding 12 calendar months, it has had -

 (1) An annual inspection in accordance with part 43 of this chapter and has been approved 

 for return to service by a person authorized by§ 43.7 of this chapter; or

 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of

 this is chapter.

 

 12. I, Jed A. Goldberg seek exemption from the requirements of section 91:417(a) & (b)

 Section 91 .417, entitled Maintenance records, subsections (a) and (b):

 (a) Except for work performed in accordance with§§ 91.411 and 91.413, each registered

 owner 

 or operator shall keep the following records for the periods specified in paragraph (b) of this

 section:

 (I) Records of the maintenance, preventive maintenance, and alteration and records of the 

 100-hour, annual, progressive, and other required or approved inspections, as appropriate, 

 for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an 

 aircraft. The records must include-- 11 (i) A description (or reference to data acceptable to the

 Administrator) of the work performed; and

 (ii) The date of completion of the work performed; and

 (iii) The signature, and certificate number of the person approving the aircraft for return to

 service.

 (2) Records containing the following information:

 (i) The total time in service of the airframe, each engine, each propeller, and each rotor.

 (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and

 appliance.

 (iii) The time since last overhaul of all items installed on the aircraft which are required to be

 overhauled on a specified time basis.

 (iv) The current inspection status of the aircraft, including the time since the last inspection

 required by the inspection program under which the aircraft and its appliances are 

 maintained.

 (v) The current status of applicable airworthiness directives (AD) and safety directives 

 including, for each, the method of compliance, the AD or safety directive number and revision 

 date. If the AD or safety directive involves recurring action, the time and date when the next 

 action is required.

 (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the

 airframe and currently installed engines, rotors, propellers, and appliances.

 (b) The owner or operator shall retain the following records for the periods prescribed:

 (1) The records specified in paragraph (a)( I) of this section shall be retained until the work is

 repeated or superseded by other work or for 1 year after the work is performed. 

C. Extent of relief, Jed A. Goldberg seeks and the Reason He seeks such Relief:

 1. I, Jed A. Goldberg, am submitting this request in accordance with the Federal Aviation

 Regulations ( 14 C.F.R. 11) and the FAA Modernization and Reform Act of 2012 (FMRA),
 Section 333, to the Administrator to commercially operate my DJI Phantom 3 Professional in 

 the National Airspace System and for exemption from certain requirements of Title 14 C.F.R.

 2. The Reform Act details the guidelines for determining the types of UAS that may operate

 safely in our National Airspace System. Due to the speed, weight, size, and limited operating

 range of the DJI Phantom 3 Professional, my UAS meets the conditions of FMRA Section 333

 and therefore, will not require an airworthiness certificate In accordance with 14 C.F.R. Part

 Part 21. Subpart H.

 3. I, Jed A. Goldberg, request relief from requirements of Section 61.113(a) and (b): Private

 pilot privileges and limitations: Pilot in command. Private pilots are limited to noncommercial

 operations, whereby carrying passengers or property Is not allowed. Being

 that my UAS does not accommodate for carrying passengers or property, thus operating it

 carries far less risk than private and commercial flights.

 4. I, Jed A. Goldberg seek relief from Section 91.7(a), Civil aircraft airworthiness. The

 airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H is not applicable

 for the DJI Phantom 3 Professional. However, I will ensure that It Is In airworthy condition,

 prior to every flight, by being in compliance with the operating documents, such as the

 monthly maintenance log, and instruction manual.

 5. I, Jed A. Goldberg, seek an exemption from Section 91.9 (b) (2) requires an aircraft

 flight manual in the aircraft. Given the size of the DJI Phantom 3 Professional which does

 not accommodate for pilots or passengers, this Regulation Is inapplicable. However, as

 the pilot of my UAS, I will ensure an equivalent level of safety by maintaining a

 safety /flight manual delineating areas of where safety can be defined.

 The FAA has previously Issued exemptions to this regulation in Exemption Nos. 8607,

 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700, 32827 and

 many others.

 6. Furthermore, I, Jed A. Goldberg, seek an exemption from Section 91.119, Minimum Safe

 Altitudes. Operation of my UAS will always be well within the 400 foot allowed by the

 FAA Modernization and Reform Act of 2012).

 Additionally, the DJI Phantom 3 Professional also has a unique Beginner Mode that helps you 

 learn how to fly in a safe, limited area. In practice, I have set my UAS to fly only within a given 

 distance and altitudes from me, making it automatically stay inside limits. These exercises

 also provide me with the training needed to operate my UAS, making it safer to fly with these 

 learned controls.

 7. I, Jed A. Goldberg, seek an exemption from Section 91.121, Altimeter Settings. The

 altimeter settings are not applicable to the DJI Phantom 3 Professional as it comes equipped

 with a barometric pressure sensor and Global Positioning System. However, because it is 

 equipped with a barometric pressure sensor and Global Positioning System, an equivalent

 level of safety can be maintained as this technology automatically ensures that a ground level 

 pressure setting will be established prior to each flight, and provides altitude Information on

 the display of the GCS.
 8. I, Jed A. Goldberg, seek an exemption from Section 91.151(b), Fuel requirements for

 flight in VFR conditions. Operation of my UAS does not require fuel. It is powered by a

 Lithium Polymer battery. Safety will not be impacted with the operation of my UAS as its

 built in technology provides visual warnings to the GCS when It experiences low battery

 voltage. At the critically low battery level, the DJI Phantom 3 Professional will descend

 and land automatically.

 As the pilot of my UAS, I ensure that there is a fresh fully charged battery with each flight as

 safety precaution and take every measure to ensure I only operate it at or below

 manufacture recommend minimum charge levels for operation; full flight time limit for each

 battery is up to twenty-three (23) minutes. I will safely operate the battery powered DJI

 Phantom 3 Professional during daylight hours in visual meteorological conditions (VMC),

 under visual flight rules (VFR).

 9. I, Jed A. Goldberg, seek an exemption from Section 91.203(a) & (b) provides for

 carrying of civil aircraft certifications and registrations. Because my UAS will not require

 an airworthiness certificate in accordance with 14 C.F .R. Part 21. Subpart H, 91.203(a) &

 (b) are inapplicable for the same reasoning. However, an equivalent level of safety will

 be achieved by maintaining any such required certifications and registrations.

 10. Additionally, I, Jed A. Goldberg, request relief from Sections 91.405(a), 91.407(a) (1 ),

 91.409(a)(1) & (a) (2), and 91.417(a) & (b), as these sections set forth the requirements

 for maintenance items that only apply to aircraft with an airworthiness certificate which is

 not required for my UAS, DJI Phantom 3 Professional, due to its speed, weight, size, and

 limited operating range.

 However, as safety is of the upmost Importance to me, I will ensure the DJI Phantom 3

 Professional is carefully inspected and maintained in accordance with the methods,

 techniques, and practices outlined in the operating documents and instruction manual.

 Furthermore, its Ground Control Station and DJI Lightbridge image transmission technology

 gives me live viewing capability, allowing me to see surroundings while in flight and the

 ability to send control commands from any direction to the UAS. Its relative small size

 makes it easy to maneuver. Therefore, maintaining distances from people, vehicles,

 buildings, and other air craft can easily be accomplished.

 For reasons stated above, as the pilot of my UAS, I can meet and exceed the safety levels

 achieved by current Regulations. 

D. How Jed A. Goldberg’s Request Will Benefit the Public as a Whole:

Granting this request will benefit the public as a whole, by allowing, I, Jed A. Goldberg to

provide a more cost effective way for small businesses, as myself to compete in the 

marketing space for aerial videography and photography, typically done with the use of 

helicopters or other aircraft alike, only afforded by big companies. My exemption will 

contribute to growth of the U.S. economy in this manner. It will further benefit the public as my

UAS is battery powered and does not use combustible fuel, thus alleviating the risk of 

releasing emissions that can be harmful to the environment. 

Furthermore, the likelihood of it crashing is far less than a helicopter or other aircraft alike, 
thus increasing the safety of life and property in both the air and on the ground.

E. Reasons Why Jed A. Goldberg’s Exemption Will Not Adversely Affect Safety

Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My, Jed A. Goldberg’s, exemption will not adversely affect safety as my safety protocols

provide a level of safety equal to or exceeding existing rules. I perform extensive pre-flight

inspections and only operate in reasonably safe and controlled environments and away from

power lines, airports and densely populated areas: I always remain conscious of the battery

level with my UAS and land it prior to manufacturer recommended minimum level of battery

power.

I pilot my UAS through remote control only by visual line of sight (VLOS). I only operate my

UAS well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act 

of 2012. 

Considering the DJI Phantom 3 Professional's size, weight, speed, and operational capability, 

it does not create a hazard to the public. Due to its small size and extreme maneuverability, I

can remotely pilot away from and avoid hazards quickly and safely.

My UAS has a failsafe mode that Is activated when the Control Link Is lost. It will hover in 

flight for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional does not 

reacquire control link data from the GCS, it will assume that the Control Link is lost and the

UAS will return to the home position via GPS, and will descend to the takeoff position and

shutdown. 

In further seeking this exemption, I, Jed A. Goldberg, submit that the equivalent

level of safety with regard to the regulatory maintenance and alteration requirements by 

Sections 91.405(a), 91.407(a)(l ), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met 

because I will perform maintenance, alterations, or preventive maintenance on the DJI

Phantom 3 Professional using the methods, techniques, and practices prescribed in the

operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 3 Professional Instruction Manual.

F. A Summary the FAA May Publish in the Federal Register:

I, Jed A. Goldberg, seek exemption from the requirements of Title 14 of the code of Federal

Aviation Regulations: Part 21 Subpart H; 45.23(b); 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.119;

91.121; 91.151(b); 91.203(a) & (b); 91.405(a); 91.407(a) (1); 91.409(a)(1) & (a) (2);

91.417(a)&(b)

Brief Description of the Exemption:

This exemption will permit, I, Jed A. Goldberg, to commercially operate an Unmanned Aircraft

System (UAS) for the purpose of conducting aerial video and photography for hire or

compensation.

Aerial videography and photography has been around for quite some time through use of

helicopters and other aircrafts alike, however, for small businesses as me, it has been cost 

prohibitive. Granting this exemption will allow me to provide services at a more cost effective
rate, thus helping to stimulate the local economy.

Operations of my UAS pose no potential risk to the public. It's battery powered, small in size,

thus not accommodating passengers or property onboard which makes it more safe to operate

and easier to maneuver. This helps to avoid hazardous situations more readily.

It has technology that allows for safety controls with warning alerts and a failsafe mode that

allows for safe return home, if it loses connectivity with the GPS. All stated, It reduces the risk

exposure In both air and ground.

In summary, I, Jed A. Goldberg, seek an exemption pursuant to 14 C.F.R. § 11.61 and Section

333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation

of the DJI Phantom 3 commercially for the purpose of conducting aerial video and photography

and other opportunities which may present itself.

Therefore, in accordance with the Federal Aviation Regulations and the FAA Modernization

and Reform Act of 2012, Section 333, I, Jed A. Goldberg, request that the Administrator

grant this Petition for an exemption from: 14 C.F.R Sections 14 C.F.R. 21, subpart H; 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; 14 C.F.R. 91.121;

14 C.F.R. 91.151(b); 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); 14 C.F.R. 91.409 (a) (2); and, 14 C.F.R. 91.417 (a) & (b) to safely, 

efficiently, and economically operate the DJI Phantom 3 Professional within the NAS. 

Respectfully,

Jed A. Goldberg, Owner/Operator

d.b.a Dovetail Media

408 West 149th St. 

APT. 2

NY, New York 10031