Palmetto Creative Imaging 

844 Farm Quarter Road Mt. Pleasant, SC 29464 

843.884.1612 

November 20, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC, 20590 

RE: Exemption Request under Section 333 of the FAA Modernization and Reform 

Act of 2012 and 14 C.F.R. Part 11 

Dear Madam, Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. 

Part 11, Palmetto Creative Imaging (PCI) seeks an exemption from the Federal Aviation 

Regulations detailed below for the DJI Phantom 2 and DJI Phantom 3 Professional UAS. 

The maximum gross takeoff weight of this UAS is 2.8 lbs. The DJI Phantom 2 and 3 are 

multi-rotor aircraft with electric propulsion. They are commercial platforms from DJI with 

a proven track record and have been approved for flights in the National Airspace under 

several different FAA Section 333 Exemptions. 

The requested exemption would allow PCI to pursue commercial interests in aerial data 

collection using small unmanned aircraft systems. The DJI Phantoms 2 and 3 will be used 

for low level aerial photography of both vacant and developed properties in support of 

landscape architecture, civil engineering, planning and real estate services related to site 

reconnaissance, view assessment, and surrounding development status/impact. The 

team at PCI will operate in accordance with FAA N 8900.227 and utilize both a Pilot in 

Command and a ground-based visual observer. PCI will also utilize emergency, lost link, 

and lost communication procedures that are available upon request. All flights under 

these exemptions will be conducted with the following restrictions: 

1. Flights will be in Class G airspace at no more than 200’ AGL. 

2. The UAS will be operated over private property only with the permission of the 

owner. 

3. The UAS will not be operated over populated areas. 

4. The UAS will not be operated within 5 NM of an airport. 

5. Operations will be limited to daytime operations under visual meteorological 

conditions. 

6. The aircraft will remain within visual line of sight of the observer at no more than 

1/2 NM range. 
Exemption Request Under Section 333 

November 20, 2015 

Page 2 

   

7. A NOTAM will be issued prior to flight operations. 

8. The UAS will have a maximum GTOW of less than 55 lbs. 

9. The aircrafts will be U.S. registered and display the N-number. 

10. The PIC and Observer will possess the certifications required under N 

8900.227. 

11. No operator or observer will engage in, nor may an operator or observer permit, 

any activity during a critical phase of flight which could distract any operator or 

observer from the performance of his/her duties or interfere in any way with the 

proper conduct of his/her duties. 

12. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure 

that the UAS and associated systems are in a condition for safe operation. 

13. The PIC and observers will maintain two-way communications with each other 

during all operations; if unable to maintain two-way communications, or if any 

condition occurs that may otherwise cause the operation to be unsafe, the operator 

will immediately conclude the operation. 

14. The aircraft will automatically return to a specific location if the communications 

link is lost. 

15. All flights will be conducted below 70mph. 

The regulations from which the exemption is requested are as follows. The Appendix 

contains details of the PCI operations related to showing an equivalent level of safety for 

these exempt regulations. 

 14 C.F.R. Part 21, Subpart H 

 14 C.F.R. §91.203(a) and (b) 

 14 C.F.R. §45.23(b) 

 14 C.F.R. §61.23(a) 

 14 C.F.R. §61.113(a) and (b) 

 14 C.F.R. §61.133(a) 

 14 C.F.R. §91.7(a) 

 14 C.F.R. §91.9 

 14 C.F.R. §91.109(a) 

 14 C.F.R. §91.119 

 14 C.F.R. §91.121 

 14 C.F.R. §91.151(a) 

 14 C.F.R. Subpart E (§91.401 - §91.417) 
Exemption Request Under Section 333 

November 20, 2015 

Page 3 

   

UAS Overview 

PCI is submitting this request for exemption for the DJI Phantom 2 and 3 UAS. These 

commercial systems from DJI have been shown to be reliable and are popular products 

utilized by hobbyists and professionals. PCI has expertise and knowledge in the 

operations of these systems. We will utilize training and operational procedures that follow 

the guidelines presented in N 8900.227. 

PCI is planning on using the proposed UAS to pursue further commercial applications. 

The UAS is multi-rotor aircraft with electric propulsion. Figure 1 below contains an image 

of the DJI Phantom 2 which has a GTOW of 2.9 lbs. and measures 14" x 14" x 7". Figure 

2 contains an image of the DJI Phantom 3 which has a GTOW of 2.8 lbs. and measures 

14" x 14" x 7". PCI proposes that the small size and weight of the UAS included in this 

request for exemption, flown under the guidelines of N 8900.227, will have an equivalent 

level of safety to manned aircraft performing similar missions.

 

Figure 1: The DJI Phantom 2 UAS. 

Figure 2: The DJI Phantom 3 Professional UAS. 

The name and contact information of the applicant are as follows: 

Palmetto Creative Imaging 

Attn: W. Warren Pruitt, Jr. 

844 Farm Quarter Road 

Mt. Pleasant, SC 29464 

Phone: (843) 884-1612 

E-mail: wwpruitt@att.net
Exemption Request Under Section 333 

November 20, 2015 

Page 4 

   

PCI requests exemption under Section 333 to enable safe commercial UAS operations 

for the activities stated. By approving these exemptions the FAA will create benefits to 

the areas mentioned that is ultimately in the public interest. Please contact us if you 

require additional information or clarification. 

Sincerely, 

Palmetto Creative Imaging 

W. Warren Pruitt, Jr., ASLA 

 
Exemption Request Under Section 333 

November 20, 2015 

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APPENDIX 

Specific Exemption Requests and Equivalent Level of Safety Showings 

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

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

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

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

requests an exemption from these rules and will utilize an internal airworthiness process 

based on MIL-HDBK 516B for an equivalent level of safety. 

Such an exemption meets the requirements of an equivalent level of safety under Part 

11 and Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. 

14 C.F.R. §45.23(b) - Display of marks; general. 

These regulations provide that each aircraft must display "N" and the aircraft’s 

registration number in letters at least 3 inches high. Additionally, the aircraft must 

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to 

the cabin, cockpit, or pilot station. Given the small size of the UAS, this requirement is 

impossible to match. The equivalent level of safety will be achieved by having the 

registered N-number in 1 inch lettering on the side of the fuselage. 

14 C.F.R. §61.23(a) - Medical certificates: Requirement and duration. 

Regulations provide that a person must hold at least a second class medical certificate 

when exercising: 

Second-in-command privileges of an airline transport pilot certificate in part 121 of this 

chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or 

Privileges of a commercial pilot certificate 

Given the size of the UAS in this petition and the limited flight area and the safety 

features integrated in the autopilot PCI believes that an Equivalent Level of Safety can 

be reached if the operator has a valid driver’s license. 

14 C.F.R. §61.113(a) and (b), §61.133 - Private Pilot Privileges and Limitations: 

Pilot in 

Command; Commercial Pilot Privileges and Limitations 

Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in 

commercial operations, and §61.133(a) requires an individual operating an aircraft for 

compensation or hire to hold a commercial pilot certificate. 
Exemption Request Under Section 333 

November 20, 2015 

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PCI requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. 

§61.133(a) so that above mentioned UAS may be operated by individuals who have a 

private pilot certificate. Based upon the design features of the UAS, its autopilot system, 

and safety factors, the FAA should permit operation of UAS by operators with a private 

pilot certificate when the conditions described above have been satisfied. 

The above-described conditions are in-line with those set forth in Volume 16, Chapter 4, 

Section 1 of FAA Order 8900.1. 

PCI proposes to conduct operations in accordance with these restrictions. Given these 

conditions and restrictions, an equivalent level of safety to manned operations will be 

achieved through operation with a private pilot certificate. The risks associated with the 

operation of the DJI multi-rotor aircraft (given the size, speed, operational capabilities, 

and lack of combustible fuel) are so much less than the level of risk associated with 

fixed wing and rotorcraft operations, both private and commercial, as contemplated by 

Part 61, that allowing operations of these UAS, as set forth above, meets or exceeds 

the present level of safety provided under 14 C.F.R. §61.113(a) and (b) and §61.133(a). 

14 C.F.R. §91.7(a) - Civil aircraft flight manual, marking, and placard requirements 

This regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. PCI requests that an exemption be granted allowing commercial 

operation without an airworthiness certificate. 

Given the size of the aircraft self-certification utilizing MIL-HDBK 516B will provide an 

equivalent level of safety. 

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

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. PCI assumes that the intent of this requirement 

is to ensure that flight manual information is available to the aircrew while operating the 

aircraft. PCI requests an exemption to this requirement since the aircraft is not only too 

small to carry documentation, but the documentation would not be available to the crew. 

The equivalent level of safety will be achieved by keeping a hard copy of the DJI user 

manual with the ground crew. 

14 C.F.R. §91.109(a) - Flight instruction; Simulated instrument flight and certain 

flight tests 

Sections 91.109(a) provides that no person may operate a civil aircraft that is being 

used for flight instruction unless that aircraft has fully functioning dual controls. The UAS 

in this exemption are remotely piloted aircraft, and, by design, not equipped with fully 

functional dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. Utilizing a pilot skilled in 

remote piloting will provide an equivalent level of safety. 
Exemption Request Under Section 333 

November 20, 2015 

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14 C.F.R. §91.119 - Minimum safe altitudes: General. 

The regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

UAS in this exemption will be operating at a maximum of 200 feet AGL, this requirement 

cannot be followed. To provide an equivalent level of safety PCI will only fly over private 

property with the permission of the land owner. The land owner will be briefed of the 

expected route of flight and the associated risks to persons and property on the ground. 

We maintain that due to the small size of the UAS, the hazard to persons, vessels, 

vehicles, and structures is not comparable to manned aircraft and should be considered 

in granting the exemption. Furthermore, PCI will not operate over congested areas nor 

over any open air assembly of persons. 

14 C.F.R. §91.121 - Altimeter settings. 

The regulation states that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft. The UAS will fly below 

200 feet AGL and will not need to maintain hemispherical cruising altitudes in order to 

de-conflict with other aircraft. To provide an equivalent level of safety, the autopilot 

calculates the reference altitude (ground level) with the on-board GPS during the preflight tests. The GPS and barometer data are then used to calculate the altitude in-flight. 

14 C.F.R. §91.151(a) - Fuel requirements for flight in VFR conditions. 

The regulation states that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. 

As the aircraft in this request are electric-powered, this requirement is inapplicable. An 

equivalent level of safety is achieved through a low battery power warning. The DJI 

UAS are designed to automatically return to base and land safely when the power is too 

low. 

14 C.F.R. Subpart E (§91.401 - §91.417) - Maintenance, Preventive Maintenance, 

and Alterations 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 43.7" after maintenance and inspection.

PCI plans to have the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will ensure that the 

aircraft is in an airworthy condition prior to flight and conduct detailed inspections after 

every 10 flight hours. Additionally, checklists will be utilized with all of the necessary 

pre-flight procedures prior to every flight operation. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and 

simplicity of the aircraft, the PIC can ensure an equivalent level of safety.