U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue 

SE Washington, DC 20590 

March, 4, 2016 

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

FAA Regulations and certain parts of the FARs. 

Dear Sir or Madam: 

Request: 

In order to provide safe and environmentally-friendly aerial videography and photography for and 

public business interests, I, Brent Warner, pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 ("FRMA"), would like to formally submit for exemptions from the following 

Section 333 regulations: 

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23(b)

• 14 C.F.R. 61.113(a) and (b)

• 14 C.F.R. 91.7(a)

• 14 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.119(c),

• 14 C.F.R. 91.121,

• 14 C.F.R. 91.151(a)(l),

• 14 C.P.R. 91.203(a) and (b),

• 14 C.F:R. 91.405(a),

• 14 C.F.R. 91.407(a)(l),

• 14 C.F.R. 91.409(a)(l) and (2),

• 14 C.P.R. 91.417(a) and (b)

The DJI Phantom 3 weighs less than three pounds, will always be flown under 400 feet limited via 

software by its GPS and barometric sensors, is electrically powered by a lithium ion battery, carries 

no combustible fuel or crew, and will be transported in proper storage to and from all flight areas (in 

accordance with FAA guidelines). The aforementioned proposed exemptions would allow me to 

operate the DJI Phantom 3 UAS for commercial purposes of aerial videography and photography as 

a service to public and business interests, including: real-estate photography and videography,

wedding and private individual photography and videography, public and commercial photography

and videography, and agricultural photography and videography. 

I am requesting these exemptions so that I may safely operate the Chroma Drone UAS commercially 

along the guidelines of the accompanying operator's manual as well as PAA guidelines for UAS 

flight and safety guidelines set by the Academy of Model Aeronautics (AMA). 

Proposed UAS and Operations 
As evidenced by recent Exemption Nos. 12045, 12057, 15087 and 15081, the FAA recently 

approved similar use of the DJI Phantom 3. These particular UAS have been proven reliable and

safe flying machines managed by gyroscopically-stabilized flight, ground detection, GPS-aided

navigation, a built-in compass, blinking LED lights, a manual and automatic failsafe "Return To 

Home" mode for returning to the point of takeoff, and propeller guards in order to protect both 

the UAS and the environment. This particular model combines state-of-the-art, proven 

technology with high quality manufacturing and user-friendly control to ensure safe operation 

and easy maintenance and care.

Specific section(s) of 14 CFR which I seek relief and the reason(s) I seek relief: 

14 C.F.R. Part 21: Airworthiness Certificates 

Given the size and limited operating area associated with the UAS to be utilized, an exemption from 

Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. As evidenced in Exemption No. 12045, "in all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than conventional 

aircraft operating with an airworthiness certificate without restrictions and conditions proposed." 

14 C.F.R. 45.23: Display of marks: general 

Because the DJI Phantom 3 does not have a cabin, cockpit, pilot station, fuselage, boom, or tail 

on which to mark large words, numbers, or phrases, I request exemption from the above

regulation. However, in efforts to comply with the above regulation and those set by the

Academy of Model Aeronautics (AMA), I will affix a small label to the external hull of the UAS

indicating my name, address, and my FAA Small UAS Certificate of Registration number. 

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command 

Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations.

However, I am able to achieve an equivalent level of safety through current FAA regulations of UAS 

operation and AMA safety guidelines (outlined in the summary of this document) without such a 

certification because of the above mentioned safety features of the DJI Pahntom 3. According to 

Exemption No. 15087 in which the DJI Phantom 3 was authorized for similar operation, "The FAA 

has previously declared that additional manned airship experience of a commercially certified pilot 

would not correlate to the airmanship skills necessary for similarly proposed operations in previously 

issued exemptions to this regulation through Exemption Nos. 11062 and 11138." Therefore, bearing 

any pilot certification or license will not ensure remote piloting skills of a UAS; the risks of operating 

this UAS are far less than the risk levels inherent in commercial activities with traditional aircraft 

given the Chroma Drone's safety features and the limited range and speed of the UAS. The FAA has 

approved a similar exemption to the above rule as evidenced in Exemption No. 12058. 
14 C.F.R 91.7: Civil aircraft airworthiness 

Currently there is no certificate applicable to this UAS, and therefore it will be up to myself, Brent

Warner, to determine the airworthiness of the DJI Phantom 3 in accordance with its official 

operating manual. Written and signed pre and post-flight inspections of the propellers, motors, frame, 

landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly 

ensured GPS locks as indicated by the DJI Drones display of "Safe to Fly" message will be 

performed before and after each flight, accurate records of which will be kept with the UAS's storage 

and transportation system at all times. These records will be dated and will include the total flight 

time of each flight. 

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements 

As evidenced in Exemption 12045, since there are "no pilots or passengers on board this aircraft, and 

given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by 

maintaining a safety/flight manual with the operator." In addition to the official safety/flight manual 

provided by DJI upon purchase of the DJI Phantom 3, following the AMA guidelines for safe flight

operations and the FAA regulations for UAS operations will ensure a high level of safety. 

14 C.F.R. 91.119(c): Minimum safe altitudes 

I, Brent Warner will ensure that the UAS does not operate any higher than 400 feet at ground level 

by setting the maximum altitude at 400 feet in DJI Drone's pilot application and ensuring this is set

before each flight as part of the pre-flight inspection. I will not fly over congested areas or directly

above unprotected people or moving vehicles. I will plan operations before hand for proper flight

safety and proper height analysis as to avoid collisions. The GPS and barometric sensors equipped

on the DJI Phantom 3 will ensure accurate altitude readings, the output of which will be fed to my

tablet device in real time as I operate the UAS. 

14 C.F.R. 91.121: Altimeter settings 

The DJI Phantom 3 utilizes the latest GPS/GLONASS technologies as well as a barometric sensor 

with live data output to the tablet device attached to the transmitter. An equivalent level of safety

and accurate altimeter telemetry will be achieved by using this. 

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions 

The DJI Phantom 3 is electrically-powered by lithium ion batteries which are made by DJI 

specifically for this particular UAS. They are rated as providing no longer than 30 minutes of flight 

time. Therefore, due to the limitations of the batteries, it is currently impossible to comply with part 

91.151. 

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

Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS. 

I, Brent Warner, however will always fly safely while having the manuals of the DJI Phantom 3

and abiding by FAA regulations for UAS operation and AMA safety guidelines. 
14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after maintenance,

preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(l) and (2): Inspections & 14 

C.F.R. 91.417 (a) and (b): Maintenance records 

Maintenance inspections may be required and should be granted since they apply to aircraft with an 

airworthiness certificate. However I, Brent Warner, will perform both preflight and post-flight 

inspections of the UAS before and after each flight as outlined in the operating documents. I, Brent 

Warner, will also follow manufacturer recommendations from said operating documents and keep a 

written record of any maintenance done to the UAS. 

Public Interest and Public Safety: 

Aerial photography and videography provided to the public alloqws fpr a more cost-effective, safe, 

and environmentally-friendly method to capturing imagery than its alternative: manned aircraft and

helicopters. The latter are expensive to operate and maintain, create a high level of noise, and are 

much more hazardous due to size and combustible fuel - especially if flown at low altitudes required 

for some operations. I, Brent Warner, in addition to using my UAS for commercial endeavors, will 

also gladly offer my services free of charge upon request and with proper coordination to any

official search and rescue or emergency services organization to benefit the public. Because of this,

an increase of commercial activity and a gaining of more detailed understanding of private and/or

farm land would help local and area communities by: reducing pollution, risk, and operating costs by 

alternative aerial video and photography services such as manned airplanes and helicopters,

reducing carbon emissions and traffic congestion by vehicles looking to view properties such as realestate or farm land, and increase visibility to local attractions thereby bolstering local commerce and

tourism. 

Given that there is no fuel and no crew on this UAS, that it weighs under three pounds and having a 

low maximum speed (less than 25mph), safe operation of this craft does not pose any immediate 

danger to the environment, wildlife, infrastructure or people. Given its GPS and ground-sensing 

capabilities, a failsafe "Return To Home" mode will safely return the craft to the operator at the push 

of a single button or automatically when the craft is either low on power or operating outside of its 

transmitter's range. This ensures that the craft will not remain airborne in unsafe conditions and pose 

any public danger. 

Summary 

I, Brent Warner, am seeking exemption from the following rules: 14 C.F .R. Part 21, 14 C.F.R. 

45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 

C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 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)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions of

the mentioned rules I, Brent Warner, will be seeking to make my UAS photography/videography 

services available to public and commercial interests. The FAA has authorized similar operations 

under Exemption Nos. 12045, 12053, 15087 and 15081. Alternatively, public and commercial

interests had previously sought the use of manned aircraft to achieve what I can offer in a safer,

more cost-efficient and environmentally-friendly manner by not using combustible fuel, flying at

safe heights and strictly following the usage recommendations from DJI and safety procedures by

the Academy of Model Aeronautics. 
These include but are not limited to: 

• Flying theDJI Phantom 3 safely in accordance with its operator's manual

• Always flying below 400 feet, using the DJI Phantom 3 altitude read out to ensure this.

• Completing thorough inspection of UAS before and after flights and keeping inspection records

with the craft at all times

• Keeping the UAS in visual sight at all times when in operation

• Using an observer to assist if needed

• Remaining safely clear of and not interfering with manned aircraft operations

• Not flying directly over unprotected persons or moving vehicles

• Not flying within 5 miles of an airport or control tower

• Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

• Not flying under the influence of alcohol or drugs

• Ensuring the operating environment is safe

• Not flying over sensitive infrastructure or property such as power stations, water treatment

facilities, correctional facilities, etc.

• Checking and following all local laws and ordinances before flying over private property

• Not conducting surveillance or photographing persons in areas where there is an expectation of

privacy without the individual's permission

In addition to these above general standards, I, Brent Warner, will follow and abide by the following 

AMA safety guidelines: 

A. [DEFINITION]: A "model aircraft" is a non-human-carrying aircraft capable of sustained flight in 

the atmosphere. [This includes UAS such as the DJI Phantom 3]. 

1. Model aircraft will not be flown:

a. In a careless or reckless manner.

b. At a location where model aircraft activities are prohibited.

2. Model aircraft pilots will:

a. Yield the right of way to all human-carrying aircraft.

b. See and avoid all aircraft and a spotter must be used when appropriate. (AMA

Document #540-D.)

c. Not fly higher than approximately 400 feet above ground level or within five miles of

an airport.

d. Not interfere with operations and traffic patterns at any airport, heliport or seaplane

base.

e. Not exceed a takeoff weight, including fuel, of 55 pounds. (AMA Document 520-A.)

f. Ensure the aircraft is identified with the name and address or AMA number of the

owner on the inside or affixed to the outside of the model aircraft.

g. Not operate aircraft with metal-blade propellers or with gaseous boosts (AMA

Document #555.)

h. Not operate model aircraft while under the influence of alcohol or while using any

drug that could adversely affect the pilot's ability to safely control the model.
i. Not operate model aircraft carrying pyrotechnic devices that explode or burn, or any

device which propels a projectile or drops any object that creates a hazard to persons

or property.

j. Not operate a turbine-powered aircraft, unless in compliance with the AMA turbine

regulations. (AMA Document #510-A.)

3. Model aircraft will not be flown in AMA sanctioned events, air shows or model

demonstrations unless:

a. The aircraft, control system and pilot skills have successfully demonstrated all

maneuvers intended or anticipated prior to the specific event.

b. An inexperienced pilot is assisted by an experienced pilot.

c. When and where required by rule, helmets must be properly worn and fastened. They

must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with

comparable standards.

B. RADIO CONTROL (RC) 

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures

and shall avoid endangerment of life and property of others. 

2. A successful radio equipment ground-range check in accordance with manufacturer's

recommendations will be completed before the first flight of a new or repaired model aircraft. 

3. At all flying sites a safety line(s) must be established in front of which all flying takes place.

(AMA Document #706.) 

a. Only personnel associated with flying the model aircraft are allowed at or in front of

the safety line. 

b. At air shows or demonstrations, a straight safety line must be established.

c. An area away from the safety line must be maintained for spectators.

d. Intentional flying behind the safety line is prohibited.

4. RC model aircraft must use the radio-control frequencies currently allowed by the Federal

Communications Commission (FCC).

5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing

flying site without a frequency-management agreement. (AMA Documents #922 and #923.)

6. With the exception of events flown under official AMA Competition Regulations, excluding

takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any

individual, except for the pilot and the pilot's helper(s) located at the flight line.

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight

while it is still under power, except to divert it from striking an individual.

8. The pilot of an RC model aircraft shall:

a. Maintain control during the entire flight, maintaining visual contact without

enhancement other than by corrective lenses prescribed for the pilot.

b. Fly using the assistance of autopilot or stabilization system only in accordance with

the procedures outlined in AMA Document #560.
C. FREE FLIGHT 

1. Must be at least 100 feet downwind of spectators and automobile parking when the model

aircraft is launched. 

2. Launch area must be clear of all individuals except mechanics, officials, and other fliers.

3. An effective device will be used to extinguish any [fire] on the model aircraft.

4. The flying area must be clear of all utility wires or poles and a model aircraft will not be

flown closer than 50 feet to any above-ground electric utility lines.

5. The flying area must be clear of all nonessential participants and spectators before the engine

is started.

I thank you for your time and effort in processing this request and look forward to cooperating with 

the FAA in its continued commitment for the safe operation of UAS. 

Sincerely, 

Brent Warner

1401 Deer Trace Dr

Cedar Park, TX 78613

warner2133@gmail.com