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Desert Vista Aerial Photography, LLC 

G. Michael Cundiff, Jr. 

120 S Houghton Rd Ste 138-187 

Tucson AZ 85748 

U.S Department of Transportation May 27, 2015 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and 

Part 11 of the Federal Aviation Regulations from 14 C.F.R §21, Subpart H; §61.23(a) and (c); 

§61.101(e)(4) and (5); §61.113; §61.315(a); §91.7(a); §91.9 (b) (2); §91.119(c); §91.121; 

§91.151(a)(1); §91.405(a); §91.407(a)(1); §91.409(a)(1) and (a)(2); §91.417(a) and (b). 

Dear Sir(s)/Madam(s), 

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and C.F.R. Part 11, 

Desert Vista Aerial Photography, LLC (“Petitioner”) seeks an exemption from the Federal Aviation 

Regulations as listed below. 

The requested exemption would allow Desert Vista Aerial Photography, LLC to provide aerial 

photography and video services to clients for use in real estate sales, local area orientation, surveying, 

marine photo and video, agriculture, academic research, aerial inspections, aerial data collection and 

special events using a combination of DJI Phantom 2, DJI Phantom 2 Vision+, DJI Phantom 3 Advanced 

and DJI Phantom 3 Professional Small Unmanned Aircraft Systems (SUAS). Use of a sUAS reduces the 

requirement to utilize manned lifting devices, manned climbing or manned aircraft over populated areas, 

for the same purpose and provides high quality results at a fraction of the price. These savings result in 

enhanced safety, efficiency and productivity as well as environmental benefits. Proposed operations will 

be conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. 

 As detailed in this document, the requested exemption would permit the operation of sUAS under 

controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to access. 

Granting this request fulfills the Secretary of Transportation’s (FAA Administrator’s) responsibilities and 

authority to not only integrate UAS's into the national airspace system, but to “...establish requirements 

for the safe operation of such aircraft systems [UAS's] in the national airspace system” under 

Section 333(c) of the Reform Act specific to the use of UAS's for real estate purposes. 

 The owner of Desert Vista Aerial Photography, LLC is an FAA Commercial certificated pilot with 

more than 3,100 flying hours in military and civilian single and multi-engine aircraft, including 8 years of 

experience flying in the planned area of operations. The owner, who will serve as the Chief Pilot, has 

served as the Chief of Safety for the Air Force’s fleet of EC-130H aircraft also has extensive instructor and 

evaluator experience in EC/AC-130H aircraft. The Chief Pilot also has experience with Radio Control 

aircraft reaching back 17 years, including recent quad-copter sUAS experience. 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

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In accordance with 14 C.F.R §11.81, Petitioner provides the following information in support of 

its petition for exemption: 

I: Name and Address of the Petitioner: 

G. Michael Cundiff, Jr. 

Owner, Desert Vista Aerial Photography, LLC 

120 S Houghton Rd Ste 138-187 

Tucson AZ 85748 

Phone: (520) 975-0798 

Email: DVAPhotos@yahoo.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations from Which Petitioner 

Requests Exemption are: 

§21, Subpart H 

§61.23(a) and (c) 

§61.101(e)(4) and (5) 

§61.113 

§61.315(a) 

§91.7(a) 

§91.9 (b) (2) 

§91.119(c) 

§91.121 

§91.151(a)(1) 

§91.405(a) 

§91.407(a)(1) 

§91.409(a)(1) and (a)(2) 

§91.417(a) and (b) 

Airworthiness Certificates

14 C.F.R. §21, Subpart H, sets forth requirements for procurement of necessary airworthiness certificates 

in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of the proposed sUAS 

meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. Therefore, 

no airworthiness certificate is required in accordance with 14 C.F.R. Part 21, Subpart H. The petitioner 

seeks to gain confirmation the FAA concurs. 

Medical Certificate

§61.23(a) and (c) require varying classes of medical certificates for a person depending on the privileges 

they are exercising and certificated for. Given the additional exemption request to §61.101, 61.113, and 

61.315, Petitioner proposes the PIC will hold a current FAA airman medical certificate or a valid U.S. 

driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the 

Federal government as commensurate with their pilot certificate, but no more than that required for 

Private Pilot privileges (currently a third-class medical certificate). 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

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Recreational Pilot Privileges

§61.101(e)(4) and (5) state that no person that holds a Recreational Pilot certificate may act as Pilot in 

Command of an aircraft for compensation or hire (4) or in furtherance of a business (5). The FAA has 

previously acknowledged in prior grants of exemption under Section 333 that a commercial pilot’s 

certificate was not necessary to safely operate a sUAS, but that the FAA could not waive the requirement 

for an FAA-issued pilot’s license. A Recreational Pilot certificate addresses the FAA’s requirement that the 

Pilot in Command have the requisite training and understanding of the National Airspace System, and 

also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. 

Petitioner proposes a PIC to hold either an airline transport, commercial, private, recreational, or sport 

pilot certificate. 

Private Pilot Privileges

§61.113 states that no person that holds a Private Pilot certificate may act as Pilot in Command of an 

aircraft for compensation or hire. The FAA has previously acknowledged in prior grants of exemption 

under Section 333 that a commercial pilot’s certificate was not necessary to operate a sUAS, but that the 

FAA could not waive the requirement for an FAA-issued pilot’s license. A Private Pilot certificate addresses 

the FAA’s requirement that the Pilot in Command have the requisite training and understanding of the 

National Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a 

risk to national security. Petitioner proposes a PIC to hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. 

Sport Pilot Privileges

§61.315 states that no person that holds a Sport Pilot certificate may act as Pilot in Command of an 

aircraft for compensation or hire (c)(2) or in furtherance of a business (C)(3). The FAA has previously 

acknowledged in prior grants of exemption under Section 333 that a commercial pilot’s certificate was not 

necessary to operate a sUAS, but that the FAA could not waive the requirement for an FAA-issued pilot’s 

license. A Sport Pilot certificate addresses the FAA’s requirement that the Pilot in Command have the 

requisite training and understanding of the National Airspace System, and also ensures that the Pilot is 

registered with the FAA and will not pose a risk to national security. Petitioner proposes a PIC to hold 

either an airline transport, commercial, private, recreational, or sport pilot certificate. 

Airworthiness Certificate

§91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate 

will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. Petitioner will 

ensure the sUAS is in airworthy condition prior to every flight, by determining that the sUAS is in 

compliance with the manufacturer supplied operating documents and that the aircraft is in a condition for 

safe flight. 

Flight Manual on board

§91.9 (b) (2) requires an aircraft flight manual in the aircraft. As the aircraft is remotely operated, 

Petitioner requests to maintain the flight manual in a position available to the PIC while operating the 

aircraft. 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

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Minimum Safe Altitudes

§91.119(c) prescribes safe altitudes for the operation of civil aircraft. Due to the nature of the petitioner’s 

operations (photography/video), it will be necessary to operate at distances less than prescribed. Given 

the UAS carries zero explosive material (i.e. fuel) onboard, any damage will come solely from a direct 

impact. However, given the small size and light weight of the proposed UAS systems, the hazard to 

persons, vehicles and structures is minimal compared to manned aircraft for which §91.119(c) was 

written. 

Altimeter Requirements

§91.121 requires that aircraft maintain cruising altitudes by referencing an altimeter setting available 

within 100nm of the aircraft. The proposed aircraft have the ability to report a GPS-derived Above Ground 

Level (AGL) altitude to the PIC which is line with the guidance the FAA prescribes for Model Aircraft. 

Petitioner proposes utilization of this method vice the method prescribed in §91.121 for determining 

aircraft altitude. 

Fuel Reserves

§91.151(a)(1) states that no person may begin a flight in an airplane under day-VFR conditions unless 

the there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes. The proposed UASs have a flight time of approx. 12-15 minutes and carry no fuel, therefore the 

wording of this section cannot apply. Petitioner requests exemption to this requirement with the condition 

that the PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the UAS to conduct the intended operation and land with 

the reserve power recommended by the manufacturer. 

Maintenance Requirements

§91.405(a), §91.407(a)(1), §91.409(a)(1), §91.409(a)(2), §91.417(a) and §91.417(b) prescribe a 

maintenance regimen that is more applicable to a full sized manned aircraft than a SUAS with few 

serviceable parts. Instead, the petitioner proposes that prior to each flight the PIC will conduct a 

thorough pre-flight inspection and determine if the sUAS is capable of safe operation. Additionally, a 

qualified pilot will conduct a thorough functional test flight following any repairs to ensure proper and 

safe operation of the UAS. 

III. The Nature and Extent of Relief Sought and Reasons Therefore: 

Petitioner is seeking relief from any currently applicable FARs preventing commercial operation of 

a sUAS within the national airspace system. The Reform Act provides for such integration of civil 

unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. As 

sUAS technology continues to rapidly expand, their utility and therefore their use will continue to rapidly 

expand as well. Integrating this technology into the National Airspace System incrementally is critical to 

ensuring the future progress and success of both traditional and emerging technologies and aircraft. 

Petitioner desires to help shape the landscape of that integration while providing a valuable service to the 

community. 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

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IV. The Benefit to the Public Interest as a Whole if Petition is Granted: 

Until recently, the only way to obtain an aerial photograph or video was through either a low 

flying manned aircraft, or a ground based device that raised a person precariously high in the air. By 

utilizing proven modern technology, Petitioner will reduce the threat to both the photographer and the 

public writ large. As the FAA recognized in the Douglas Trudeau, Realtor® Exemption, No. 11138: 

“Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or more, are 

operated by an onboard pilot and may carry other onboard crewmembers, as well as 100 

gallons or more of fuel. The petitioner’s [sUAS] weighs less than 3 lbs. The pilot and crew will be 

remotely located from the aircraft. The limited weight reduces the potential for harm to persons 

or damage to property in the event of an incident or accident. The risk of an onboard pilot and 

crew during an incident or accident is eliminated with the use of a (iv) (v) within Class G 

airspace; and outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or 

other location with aviation activities.” 

In addition to reducing the risk to personal injury or death from these operations, the cost will be 

greatly reduced making the services once reserved for the wealthy available to middle class citizens. 

Additionally, aerial photography and video provides a positive economic impact for the community and for 

companies considering relocating or building in the local area or other areas as they are able to gain a 

greater understanding of the geographic area they are interested in. This is also an important service for 

individuals relocating for various reasons. 

V. The Grant of the Requested Exemption Will Not Adversely Affect Safety: 

 As indicated in section III, petitioner’s operations will enhance safety rather than adversely affect 

it. In addition to the reasons previously stated, petitioner’s operations will not require a manned aircraft 

to orbit at low altitude in congested airspace and will reduce any noise and air pollution associated with 

the operation of those aircraft. 

 

 In addition to the inherent safety enhancements of operating a sUAS vice a manned aircraft, 

operational and technological protocols ensure improved safety of aerial photography operations. 

Technological protocols include: 

- Use of GPS technology to provide steady flight including a flight safety feature whereby the 

sUAS hovers and then slowly returns to an appointed location and lands if communication 

with the pilot is lost 

- Preprogrammed “No Fly Zones” prevent the sUAS from operating in designated areas such as 

within 5 miles of an airport or above a designate altitude 

- Automatic landing feature is triggered by a critical low battery status preventing the sUAS 

from running out of battery while in flight 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

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Operational protocols include:

- Flight in Day VFR weather conditions only. 

- Operated at an altitude of no more than 400 feet above ground level (AGL), though most 

flights will occur below 200 feet AGL. Speed will not exceed 30 mph over the ground. The 

Pilot in Command will maintain Visual Line of Sight capability at all times. 

- A thorough pre-flight inspection will be accomplished in accordance with manufacturer 

instructions. A survey of the area in the vicinity of the flight operation will be conducted 

making note of any potential hazard(s) and a risk mitigation plan will developed for each 

hazard. 

- Any time the sUAS has undergone maintenance or alteration, a qualified Pilot in Command 

will conduct a Functional Check Flight to ensure airworthiness. This flight will occur in a 

sparsely populated area, free of hazards. 

- Flight will plan to terminate with no less than 25% battery power remaining. 

- All training flights will occur in sparsely populated areas free of hazards. 

- No individual will act as Pilot in Command (PIC) of the sUAS (except during training 

conducted in designated areas) without either an airline transport, commercial, private, 

recreational, or sport pilot certificate, and written certificate of qualification by the Petitioner’s 

Chief Pilot. In order to receive a certificate of qualification, a PIC will be required to 

demonstrate proficiency in operating the sUAS in a manner consistent with the exemption, 

including normal, evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. 

- All operations shall be conducted over private or controlled-access property with permission 

from the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

- All operations will utilize at least one visual observer (VO). The VO and PIC must be able to 

communicate verbally at all times; electronic messaging or texting is not permitted during 

flight operations. The PIC will be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the VO can perform the 

duties required of the VO. 

- All Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless: 

o Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. If a situation arises where the 

PIC becomes aware of nonparticipating persons leaving such protection and are 

within 500 feet of the sUAS, flight operations will cease immediately in a manner 

ensuring the safety of nonparticipating persons. 

- The sUAS will not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with 

an ARP, the center of the airport symbol as denoted on the current FAA-published 

aeronautical chart, unless a letter of agreement with that airport’s management is obtained 

or otherwise permitted by a COA issued to the exemption holder. 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

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

Desert Vista Aerial Photography, LLC seeks exemption from the requirements of 14 C.F.R §21, 

Subpart H; §61.23(a) and (c); §61.101(e)(4) and (5); §61.113; §61.315(a); §91.7(a); §91.9 (b) (2); 

§91.119(c); §91.121; §91.151(a)(1); §91.405(a); §91.407(a)(1); §91.409(a)(1) and (a)(2); §91.417(a) 

and (b). The requested exemption would allow the petitioner to provide aerial photography and video 

services to clients for use in real estate sales, local area orientation, surveying, marine photo and video, 

agriculture, academic research, aerial inspections, aerial data collection and special events using a 

combination of DJI Phantom 2 Vision , DJI Phantom 2 Vision+, DJI Phantom 3 Advanced and DJI 

Phantom 3 Professional Small Unmanned Aircraft Systems (SUAS). Use of a sUAS reduces the 

requirement to utilize manned aircraft over populated areas, manned lifting devices or manned climbing 

for the same purpose and provides high quality results at a fraction of the price. These savings result in 

enhanced safety, efficiency and productivity as well as environmental benefits. Proposed operations will 

be conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. 

VII. Additional Information to Support the Request: 

 The FAA has issued grants of exemption in circumstances similar in all material respects to those 

presented in this petition. In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. 

FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC 

(see Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), 

the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications 

described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to 

find that the UAS operation enabled by this exemption is in the public interest. 

Respectfully Submitted, 

G. Michael Cundiff, Jr. 

Owner, Desert Vista Aerial Photography, LLC 

Attachments: 

Attachment A: DJI Phantom 2 System Specs 

Attachment B: DJI Phantom 2 Vision+ System Specs 

Attachment C: DJI Phantom 3 Advanced System Specs 

Attachment D: DJI Phantom 3 Professional System Specs 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

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Attachment A: DJI Phantom 2 System Specs

Aircraft: 

Weight (Battery & Propellers included) - 1000g 

Hover Accuracy (Ready to Fly) - Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity - 200°/s 

Max Tilt Angle - 35° 

Max Ascent / Descent Speed - Ascent: 6m/s; Descent: 2m/s 

Max Flight Speed - 15m/s(Not Recommended) 

Diagonal Length - 350mm 

Flight Time - 25mins 

Take-off Weight - ≤1300g 

Operating Temperature - -10°C ~ 50°C 

Supported Battery - DJI Smart Battery 

DJI Smart Battery 

 

2.4GHz Remote Control: 

Operating Frequency - 2.4GHz ISM 

Communication Distance (open area) - 1000m 

Receiver Sensitivity (1%PER) - -97dBm 

Working Current/Voltage - 120 mA@3.7V 

Built-in LiPo Battery Working Current/Capacity - 3.7V, 2000mAh 

Full User Manual available at http://www.dji.com/product/phantom-2/download

 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

9

Attachment B: DJI Phantom 2 Vision+ System Specs

Aircraft: 

Supported Battery - DJI 5200mAh LiPo Battery 

Weight (Battery & Propellers included) - 1242g 

Hover Accuracy (Ready to Fly) - Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity - 200°/s 

Max Tiltable Angle - 35° 

Max Ascent / Descent Speed - Ascent: 6m/s; Descent: 2m/s 

Max Flight Speed - 15m/s (Not Recommended) 

Diagonal motor-motor distance - 350mm 

Remote Control: 

Operating Frequency - 5.728 GHz-5.85 GHz 

Communication Distance (open area) - CE Compliance: 400m; FCC Compliance: 800m 

Receiver Sensitivity (1%PER): -93dBm 

Transmitter Power - CE Compliance: 25mW; FCC Compliance: 100mW 

Working Voltage - 120 mA@3.7V 

Built-in LiPo Battery Working Current/Capacity - 3.7V, 2000mAh 

Range Extender: 

Operating Frequency - 2412-2462MHz 

Communication Distance (open area) - 500-700m 

Transmitter Power - 20dBm 

Power Consumption - 2W 

Full User Manual available at http://www.dji.com/product/phantom-2-vision-plus/download 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

10

Attachment C: DJI Phantom 3 Advanced System Specs

Aircraft 

Weight (including battery and propellers) - 1280 g 

Diagonal size (including propellers) - 590 mm 

Max Ascent Speed - 5 m/s 

Max Descent Speed - 3 m/s 

Hover Accuracy: Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m; Horiz: +/- 1.5 m 

Max Speed - 16 m/s (ATTI mode, no wind) 

Max Altitude Above Sea Level - 6000 m 

Operating Temperature - 0°C to 40°C 

GPS Mode - GPS/GLONASS 

Remote Controller 

Operating Frequency - 2.400 GHz-2.483 GHz 

Max Distance - 2000m (outdoors and unobstructed) 

Video Output Port - USB 

Operating Temperature - 0°C- 40°C 

Battery - 6000 mAh LiPo 2S 

Mobile Device Holder - For tablet or phone 

Receiver Sensitivity (1%PER):-101 dBm ±2 dBm 

Transmitter Power (EIRP) - FCC: 20 dBm CE: 16 dBm 

Working Voltage - 1.2 A @7.4 V 

Full User Manual available at http://www.dji.com/product/phantom-3/download 

 
Desert Vista Aerial Photography, LLC  

Section 333 Request for Exemption

27 May 2015

11

Attachment D: DJI Phantom 3 Professional System Specs

Aircraft 

Weight (including battery and propellers) - 1280 g 

Diagonal size (including propellers) - 590 mm 

Max Ascent Speed - 5 m/s 

Max Descent Speed - 3 m/s 

Hover Accuracy: Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m; Horiz: +/- 1.5 m 

Max Speed - 16 m/s (ATTI mode, no wind) 

Max Altitude Above Sea Level - 6000 m 

Operating Temperature - 0°C to 40°C 

GPS Mode - GPS/GLONASS 

Remote Controller 

Operating Frequency - 2.400 GHz-2.483 GHz 

Max Distance - 2000m (outdoors and unobstructed) 

Video Output Port - USB 

Operating Temperature - 0°C- 40°C 

Battery - 6000 mAh LiPo 2S 

Mobile Device Holder - For tablet or phone 

Receiver Sensitivity (1%PER):-101 dBm ±2 dBm 

Transmitter Power (EIRP) - FCC: 20 dBm CE: 16 dBm 

Working Voltage - 1.2 A @7.4 V 

Full User Manual available at http://www.dji.com/product/phantom-3/download