October 8 2015 

U.S. Department of Transportation 

Federal Aviation Administration

800 Independence Avenue, SW 

Washington, DC 20591 

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

Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c);

91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) & (b). 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Joey Blackstone, operator 

of an Unmanned Aircraft System (UAS), hereby apply, on behalf of Blackstone Aerial 

Photography, for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its UAS, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b), 

91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 

91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). This 

proposed exemption would allow the operation of unmanned aircraft systems (UAS) for the 

purpose of aerial videography and photography real estate purposes and events.

Applicant:

Joey Blackstone

Owner

Blackstone Aerial Photography

6038 Lynwood Blvd

Mound, MN 55364

Info@BlackstoneAerialPhotography.com

(952) 456-2698

Commercial operation of an UAS, as described herein, which are equipped with camera and 

sensors, would operate in the following manner:

• Aerial photography and/or video for public and/or private use including real estate and 

other related professional activities.

• Aerial video and/or photography for public and/or private use including public and 

private events. 
As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a PHANTOM 2 

UAS. We will operate a UAS, the DJI Phantom 3 Professional, which is comprised of an unmanned aircraft 

(UA or Phantom), an attached 4K camera and a transportable ground station. The PHANTOM 3 is a quadcopter with a gross weight of 2.8 pounds. It is equipped with four rotors that are driven by electric motors 

powered by batteries. The UA has a maximum airspeed of 16 m/s. It will be operated over various 

metropolitan areas, primarily around Mound, MN, to augment real estate listing videos, capture event areal 

video and photography, and related business operations. 

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, which ensures a level 

of safety at least equal to existing rules:

o operate UAS below 300 feet and within a radius distance of 1000 feet from the controller 

to aid in direct line of sight visual observation;

o obtain permission from the owner/controller of any vessels, vehicles and structures when 

operations maybe conducted closer than 500 feet to any such vessels, vehicles or 

structures; we will conduct a safety assessment of the risk of operating closer to those 

objects and determine that it does not present an undue hazard; 

o operate the UAS for 5-10 minutes per flight;

o land UAS prior to the manufacturer’s recommended minimum level of battery power;

o operate UAS during daylight hours only within visual line of sight (VLOS);

o use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and 

then slowly lands if communication with the remote control pilot is lost;

o conduct all operations under the flight safety protocols (including posting a warning sign! 

reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) contained 

in the operating documents and will actively analyze flight data and other sources of 

information to constantly update and enhance safety protocols;

o contact respective airports if operations will be within 5 miles to advise them of his 

estimated flight time, flight duration, elevation of flight and other pertinent information;

o always obtain all necessary permissions prior to operation; have procedures in place to 

abort flights in the event of safety breaches or potential danger;

o only operate in safe environments that are strictly controlled, are away from power lines, 

elevated lights, airports and densely populated areas (defined by areas depicted in 

“yellow” on VFR charts and through obtaining information regarding congested areas 

from the local Flight Standards District Office (FSDO);

o conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference PHANTOM Flying Flow Chart and User Manual). 

Regarding UAS operational training, we have flown numerous practice flights in remote areas as 

hobbyists simulating flights for future commercial use to gain familiarization with the characteristics of the 

UAS’ performance under different temperature and weather conditions.

Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 14 CFR 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot 

with a multidrotor UAS. The PIC will also have accumulated and logged a minimum of 5 hours as a UAS 

pilot operating the same make and model of UAS to be used for operations. In addition to the hour 

requirements, the PIC will accomplish 3 take-offs and landings in the preceding 90 days (for currency 

purposes) prior to any flight. 
Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feel an exemption 

from 14 CFR part 21, Subpart H (Airworthiness Certificates) and§ 91.203(a) and (b) (Certifications 

required), subject to certain conditions and limitations, is warranted and meets the requirements for an 

equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333). 

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, the two-inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. 

Regardless of this, we can mark the UAS in the largest possible lettering by placing the word 

“Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings. 

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an 

airworthiness certificate, since there is currently no certificate applicable to our operation, this regulation is 

inapplicable. 

We request an exemption from §§!91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) 

Maintenance inspections since they only apply to aircraft with an airworthiness certificate. However, as a 

safety precaution we will perform a preflight inspection of the UAS before each flight as outlined in the 

attached operating documents. 

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, 

however since there are no pilots or passengers on board the aircraft and given its size, this regulation is 

inapplicable. We believe an equivalent level of safety will be achieved by maintaining a safety/flight 

manual with the UAS ground station. 

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil aircraft, 

but it allows helicopters to be operated at lower altitudes in certain conditions. We will not operate our 

UAS above the altitude of 300 feet above ground level (AGL) and will also only operate in safe areas 

away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in 

relation to minimum safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an 

equivalent or higher level of safety will be achieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS utilizes 

electronic GPS with a barometric sensor. 

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is 

100% electric and two low battery alerts are issued – per the operating documents, the UAV will be landed 

at the first alert. Also, our flights will last only 5-10 minutes each, and the UAS has an automated function, 

which results in immediate landing when a low battery is detected. The PIC will not begin a flight unless 

(considering wind and forecast weather conditions) there is enough power to fly to the first point of 

intended landing and, assuming normal cruising speed, land the UA with 30% battery power remaining. 

Public Interest 

Aerial photography and videography for real estate and events are proven strategies to enhance marketing 

efforts and increase business success. The industry is not new. However, until recently it was conducted 

through the use of costly manned aircraft, a prohibitive business activity for small companies. By granting 

this exemption I would be able to provide affordable services. 
Further, the small UAS will pose no threat to the public given its small size and lack of combustible fuel 

when compared to larger manned aircraft. Additionally, the operation of our UAS will minimize harm to 

the environment economic growth by providing information to companies and the public looking to 

relocate or build in the metro areas we service. Public and private events serviced by our business enhance 

vibrancy and add culture to the community and its citizens. 

Summary 

We will comply with all of the following conditions and limitations should this exemption be provided:

1) Operations will be limited to the following aircraft described in the operating documents, which is a 

quad-rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of no more than 400 feet above ground level(AGL), All 

altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command(PIC) at all 

times.

5) All operations will utilize a visual observer (VO). The UA will be operated within the visual line of sight 

(VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. The PIC 

will be designated before the flight and will not transfer his or her designation for the duration of the flight. 

The PIC will ensure that the VO can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made available to the 

Administrator upon request. Any revisions to the operating documents will be presented to the 

Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, theUAS will not be operated 

until the necessary maintenance has been performed and theUAS is found to be in a condition for safe 

flight. The Ground Control Station will be included in the preflight inspection. All maintenance and 

alterations will be properly documented in the aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics,e.g. 

replacement of a flight critical component, will undergo a functional test flight.The PIC who conducts the 

functional test flight will make an entry in the aircraft records.

9) The pre-flight inspection section in the operating documents will account for all discrepancies,i.e. 

inoperable components, items, or equipment, not already covered in the relevant sections of the operating 

documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, 
inspection, and life limit requirements. 

11) We will carry out maintenance, inspections, and record keeping requirements, in accordance with the 

operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, 

including total flight hours, description of work accomplished, and the signature of the authorized person 

returning the UAS to service.

12) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office 

(AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. 

If you have questions or need additional information, please contact me at 

Info@BlackstoneAerialPhotography.com or (952) 456-2698. 

Thank you, 

Joey Blackstone

Owner

Blackstone Aerial Photography