Maximum Exposure Photography, LLC 

Real Estate Photography and Videography 

October 30, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590-0001 

5507 Keeler Oak St. 

Lithia, FL 33547-5047 

813.240.7814 

RE: Maximum Exposure Photography LLC's Petition for Exemption from Federal 

Aviation Regulations for the Purpose of Operating an Unmanned Aircraft 

System 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA} and 14 

C.P.R. Part 11, Maximum Exposure Photography LLC seeks an exemption from Federal 

Aviation Regulations to allow the commercial use of the Dll Phantom 3 Professional 

Unmanned Aircraft System (UAS) for the purpose of aerial data collection within the 

National Airspace System (NAS). 

The FAA has granted exemptions to Third Eye Productions, Inc. (Exemption No. 13311) 

and JMD Empire Inc. (Exemption No. 13309) for the use of the Dll Phantom 3 for similar 

purposes. 

By approving these exemptions, the FAA will allow a safe and risk adverse method to collect 

aerial data. The battery-powered UAS described herein is smaller and lighter than fixed-wing 

aircraft. It operates at lower altitudes with no people on board. Its use will diminish the 

likelihood of death or serious injury to persons in the air or on the ground and the likelihood 

of damage to structures. The UAS offers little or no threat to national security. 

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

Maximum Exposure Photography LLC 

5507 Keeler Oak St. 

Lithia, FL 33547-5047 

We are prepared to modify or amend any part ofthis request to meet an equivalent level of 

safety. We look forward to working with your office. Please contact David Cole at 

813.240.7814 or dcole@maxexpphoto.com ifyou require any additional information or 

clarifications. 

Exemptions Requested: 

Maximum Exposure Photography LLC is requesting exemption from the requirements of 
14 C.F.R §§ 45.23(b), 45.27(a), 61.113(a) and (b), 61.315(a) and (c), 91.7 (a), 91.9(b)(2) and (c), 

91.103(b)(2), 91.105, 91.109,91.119 (b) and (c), 91.121, 91.151,91.203 (a)(l), 91.405 (a), 91.407 

(a)(l), 91.409 (a)(l) & (a)(2), 91.417 (a) & (b). 

Introduction and Interests of the Petitioner 

Maximum Exposure Photography LLC (hereinafter referred to as "Maximum Exposure") 

provides quality services including: both still and video aerial photography collection, production, 

analysis, and editing services to property owners, real estate professionals, and property 

inspectors for commercial and marketing purposes. 

Maximum Exposure seeks an exemption to operate the Dll Phantom 3 Professional UAS for 

compensation or hire within the NAS to provide professional aerial photographs, videos, and 

photogrammetry services to our clients. 

Background 

TheUAS 

The DH Phantom, 3 Professional UAS is comprised of a quad-rotor unmanned aircraft and a 

handheld ground control station. The specifications of the UAS are as follows: 

Gross Weight (including battery and propellers): 1280 g 

Diagonal Size (including propellers): 590 mm 

Maximum Ascent Speed: 5 m/s 

Maximum Descent Speed: 3 m/s , 

Vertical Hover Accuracy:+/- 0.1 m 

Horizontal Hover Accuracy: +/- 1.5 m 

Maximum Speed: 16 m/s 

The Dll Phantom 3 Professional has a Return to Home Feature that returns the aircraft to its 

launch site in the event of a low battery or the loss of the remote controller signal. A full list of 

all specifications is located in the Appendix of the manufacturer's manual. (The manual is 

available for review at http://www.dji.com/product/phantom-3/download) 

Operation ofthe UAS 

Maximum Exposure has a Flight Operation Manual (FOPM) that is intended to provide an 

equivalent level of safety to the Federal Aviation Regulations from which Maximum Exposure 

seeks exemption. Maximum Exposure will provide an electronic or hardcopy of the FOPM to 

the Pilot in Command (PIC) and each observer. The PIC will make sure that each flight is in 

compliance with the FOPM, the Dll Phantom 3 Professional User's Manual and applicable F ARs. 

Maximum Exposure's Flight Operation Manual 

1. The minimum crew for UAS operation will consist of a PIC and the Visual Observer 

(VO). 

2. The PIC must hold at least a FAA private pilot certificate or sport pilot certificate to 

operate the UAS. 

3. The PIC must hold a current FAA medical certificate or a valid U.S. driver's license. 

4. The PIC will be proficient in flying the Dll Phantom 3 Professional UAS and have a 20 

flying hours with the UAS in a manner consistent with how the UAS will be operated 

under this exemption. 

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5. Prior to each flight, the PIC will conduct a pre-flight inspection in accordance with the 

manufacturer's user manual to determine if the UAS is in condition for a safe flight. 

6. After maintenance or alterations to the UAS, the PIC and VO will perform a functional 

test flight before conducting further operations. 

7. Before operating the UA over private or controlled-access property, the PIC will obtain 

permission from the owner or controller of the property. 

8. Prior to flight, the PIC will conduct a briefing to the crew and other observers in the 

immediate area, regarding the planned UAS operations. 

9. The UA will be operated within the Visual Line of Sight (VLOS) of the PIC and VO at 

all times. 

10. The PIC and VO must be able to communicate verbally at all times. 

11. The PIC and VO are not a]lowed to text or email during operations. 

12. Flights will be conducted only in daylight hours. 

13. Flights will be conducted only in visual meteorological conditions. 

14. The UA will not be operated in rain, snow, or fog conditions. 

15. The UA will be kept clear from clouds at all times. 

16. The PIC will not begin a flight unless there is enough power for the UA to conduct the 

intended operation and still have a reserve battery power of no less than 25%. 

17. The U A will not be operated at an altitude greater than 400 feet above ground level 

(AGL). 

18. The speed of the UA will not exceed 25 miles per hour. 

19. The U A will not be operated from a moving vehicle. 

20. The UA will remain clear and give way to all manned aircraft. 

21. The U A will remain at a distance of at least 5 nautical miles of any airport or heliport 

unless a letter of agreement from the airport's management is obtained. 

22. Flights will not be conducted over densely populated areas. 

23. Flights will be operated at a lateral distance of at least 100 feet from people, structures, 

vehicles, and vessels not associated with the operation, unless property owner or 

controller has given authorization prior to the flight. 

24. The PIC will abort the flight in the event of an unpredicted obstacle or emergency. 

25. The PIC will report any incident, accident or flight operation that transgresses the lateral 

or vertical boundaries of the operational area to the FAA's UAS Integration Office within 

24 hours. 

26. The PIC will report any accidents involving the UA to the National Transportation Safety 

Board. · 

Basis for Petition 

Maximum Exposure, pursuant to the provisions of the Federal Aviation Regulations (FAR) (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 ("FMRA"), Section 333, 

Special Rules for Certain Unmanned Aircraft Systems ("Section 333"), hereby respectively 

petitions the Administrator to operate the DJI Phantom 3 Professional within the NAS and for an 

exemption from the requirements of Title 14 Code ofFederal Regulations§§ 45.23{b), 45.27(a), 

61.113(a) and (b), 61.315(a) and (c), 91.7 (a), 91.9(b)(2) and (c), 91.103(b)(2), 91.105, 

91.109,91.119 (b) and (c), 91.121,91.151,91.203 (a)(l), 91.405 (a), 91.407 (a)(l), 91.409 (a)(l) & 

(a)(2), 91.417 (a) & (b). 

Section 45.23(b) Display of Marks 

Maximum Exposure requests relief from Section 45 .23(b) because the DJI Phantom 3 

Professional UAS does not have a cabin, cockpit, or pilot station upon which the markings can be 

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placed. 

Maximum Exposure submits an equivalent level of safety can be achieved by marking the body 

of the UAS with the serial number and N-number. The lettering of theN-number will be as large 

as possible. · 

Section 45.27(a) Location of marks; nonfixed-wing aircraft 

Maximum Exposure requests relief from Section 45.27(a) because the DJI Phantom 3 

Professional UAS does not have a cabin, fuselage, boom or tail, upon which the markings can be 

displayed. 

Maximum Exposure submits an equivalent level of safety can be achieved by marking the body 

of the UAS with the serial number and N-number. The lettering of theN-number will be as large 

as possible. 

Section 61.113(a) and (b) Private pilot privileges and limitations: l'ilot in command 

Maximum Exposure requests relief from Section 61.113 (a) and (b) to the extent necessary to 

allow a person who holds a private pilot certificate to operate the UAS for compensation or hire. 

Maximum Exposure submits that a private pilot can achieve an equivalent level of safety as a 

commercial pilot because the risk in operating the UAS is significantly lower than the risk 

associated with the operation of a manned aircraft. The UA does not carry a pilot or 

passengers. The UA is smaller, lighter, and easier to maneuver than manned aircraft and the 

U A will be operated within a limited area of operation. 

Furthermore, Maximum Exposure will ensure that the. PIC is proficient in flying the DJI 

Phantom 3 Professional and that the PIC has at least 20 flying with the UAS in a manner 

consistent with how the UAS will be operated under this exemption. 

Section 61.315(a) and (c) What are the privileges and limits of my sport pilot 

certificate? 

Maximum Exposure requests relieffrom Section 61.315(a) and (c), which states that a sport 

pilot cannot operate an aircraft for compensation or hire. 

Maximum Exposure submits that a sport pilot can achieve an equivalent level of safety as a 

commercial pilot because the risk in operating the UAS is significantly lower than the risk 

associated with the operation of a manned aircraft. The UA does not carry a pilot or 

passengers. The UA is smaller, lighter, and easier to maneuver than manned aircraft and the 

UA will be operated within a limited area of operation. 

Furthermore, Maximum Exposure will ensure that the PIC is proficient in flying the DJI 

Phantom 3 Professional and that the PIC has at least 25 flying hours with the UAS in a 

manner consistent with how the UAS will be operated under this exemption. 

Airworthiness Certificates 

In consideration of the size, weight, speed, and limited operating area associated with the 

UAS and its operation, the DJI Phantom 3 Professional meets the conditions of Section 333 

and will not require airworthiness certification in accordance with 14 C.F .R. Part 21, Subpart 

H, or any associated noise certification and testing requirements ofPart 36. 

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Section 91.7(a) Civil aircraft worthiness 

Maximum Exposure a requests relief from Section 91.7(a), which states that "no person may 

operate a civil aircraft unless it is in an airworthy condition", because the Dll Phantom 3 

Professional VAS does not require an airworthiness certificate in accordance with 14 C.P.R., 

Part 21, Subpart H. 

Maximum Exposure submits the PIC will ensure the VAS is in condition for safe flight, by 

determining the UAS is in compliance with the Dll Phantom 3 Professional UAS User 

Manual and Maximum Exposure's Flight Operations Manual. The PIC will discontinue the 

flight ifun-airworthy mechanical conditions occur. 

Section 91.9(b)(2) and (c) Civil aircraft flight manual, markings, and placard 

requirements . 

Maximum Exposure requests relief from Section 91.9(b)(2) because the UAS does not have 

the room or capacity to store the flight manual onboard the airc!aft. Maximum Exposure 

submits an equivalent level of safety can be achieved by keeping the flight manual with the 

PIC at the ground control point, during operation of the VAS. The flight manual will be made 

available to the Administrator or law enforcement upon request. 

Maximum Exposure requests relief from Section 91.9(c) because the UAS cannot be marked 

in accordance with Part 45. The VAS does not have a cabin, cockpit, or pilot station upon 

which the markings can be placed. Maximum Exposure submits an equivalent level of safety 

can be achieved by marking the UAS with the serial number and theN-number. The lettering 

of theN-number will be as large as possible. 

Section 91.103{b){2) Preflight Action 

Maximum Exposure requests relief from Section 91.1 03(b )(2), which requires the PIC to be 

familiar with the runway lengths at airports of intended use, and takeoff and landing distance 

information. 

The operation of the UAS does not require an airport for takeoff and landing. Maximum 

Exposure submits an equivalent level of safety can be achieved by having the PIC check 

weather conditions and the takeoff and landing distances from the ground control point 

before flight. 

Section 91.105 Flight crewmembers at station 

Maximum Exposure requests relief from Section 91.105, which requires crewmembers to be 

at their proper stations with their safety harnesses fastened while en route and during takeoff 

and landing, unless the absence is necessary to perform duties necessary for the operation of 

the aircraft or in connection with physiological needs. 

This requirement cannot be met, because the UA does not have flight crewmembers onboard 

the aircraft. Maximum Exposure submits an equivalent level of safety can be maintained by 

having the PIC land the UA before attending to any emergent or physiological needs. 

Section 91.109 Flight instruction; Simulated instrument flight and certain flight tests 

Maximum Exposure requests relief from Section 91.109, which requires that "no person may 

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction 

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unless that aircraft has fully functioning dual controls." 

This requirement cannot be met because the UAS does not have dual controls. Maximum 

Exposure submits an equivalent level of safety can be achieved by ensuring the PIC is 

proficient in flying the Dll Phantom 3 Professional and that the PIC has at least 25 hours of 

flight hours with the UAS in a manner consistent with how the UAS will be operated under 

this exemption. The PIC will be familiar with the Dll Phantom Professional UAS User 

Manual and Maximum Exposure's Flight Operations Manual. 

Section 91.119(b) and (c) Minimum safe altitudes: General 

Maximum Exposure requests relief from Section 91.119(b) and (c), which require the aircraft 

to be maintained at an altitude of at least 1000 feet over congested areas and 500 feet over 

sparsely populated areas, and at a distance of at least 500 feet from any person, vessel, 

vehicle, or structure. 

Maximum Exposure will operate the UA at or below 400 feet AGL. Maximum Exposure 

submits an equivalent level of safety can be met because unlike manned aircraft, the UA 

operates without combustible fuel and with no people on board, thus reducing the likelihood 

of death or serious bodily injury to persons in the air or on the ground, as well as reducing the 

risk of damage to vessels, vehicles, and structures. Maximum Exposure will obtain prior 

consent from the property owner and persons on the ground before operations. 

Section 91.121 Altimeter Settings 

Maximum Exposure requests relief from Section 91.121, because the U AS does not have a 

typical barometric altimeter onboard. 

Maximum Exposure submits that an equivalent level of safety can be met because the altitude 

of the UAS will be provided to the PIC through the UAS's GPS equipment and radio 

communications telemetry data link, which downlinks altitude information from the UA to 

the Ground Control System for active monitoring of the :flight path. This information will be 

sufficient for the PIC to maintain the UA at an altitude below the 400 AGL limitations. In 

addition, the PIC will only operate the UA in a visual line of sight. 

Section 91.151 Fuel Requirements for flight in VFR conditions . 

Maximum Exposure requests relief from Section 91.151, which requires that no person begin 

a flight under VFR conditions unless there is enough fuel to fly to the first intended point of 

landing and after that for 30 minutes. 

Maximum Exposure submits that terminating the flight with 25% of the battery power 

remaining will provide an equivalent level of safety. Furthermore, the Dll Phantom 3 

Professional UAS has a Low Battery Return to Home Feature, in which the operator is 

prompted to return the aircraft home or land it immediately. The UA will land itself 

automatically if the remaining battery power is only sufficient for the aircraft to descend from 

its current altitude. 

Section 91.203(a)(l) Civil Aircraft: Certifications required 

Maximum Exposure requests relief from Section 91.203(a)(1), which states that no person 

may operate a civil aircraft without a current airworthiness certificate, because the Dll 

Phantom 3 Professional UAS does not require an airworthiness certificate in accordance with 

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---
14 C.F.R., Part21, Subpart H. 

Maximum Exposure submits that the Pilot in Command (PIC) will ensure the UAS is in 

airworthy condition prior to every flight, by determining the UAS in in compliance with the 

DJI Phantom 3 Professional UAS User Manual and Maximum Exposure's Flight Operations 

Manual. 

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

Maximum Exposure request relief from Sections: 91.405(a), 91.407(a)(l), 91.409(a)(1) & 

(a)(2), and 91.417 (a) & (b), as these sections set forth requirements for maintenance that 

only apply to aircraft with an airworthiness certificate. 

Maximum Exposure submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Maximum Exposure will perform maintenance, preventative 

maintenance and /or alterations on the UAS using the methods specified in the manufacturer's 

manual. After any maintenance or alterations, Maximum Exposure will perform a functional 

test flight before conducting further operations. Maximum Exposure will document and 

maintain all maintenance records on the UAS. Maximum Exposure will comply with all of 

the manufacturer's safety bulletins. 

The Reasons Why Granting Maximum Exposure's Exemption Would Benefit the Public 

as a Whole 

1. The Public Will Benefit as a Whole by the Method of Collection of the Aerial Data. 

Granting the present Petition will further the public interest by allowing Maximum 

Exposure to safely, efficiently, and economically perform aerial video and photography. 

of real estate, and landscape over certain areas of the United States. The proposed uses 

not only provide economic benefits to the public, but they also increase the public's safety. 

2. The Public Will Benefit by Decreasing Congestion ofthe NAS. Maximum Exposure's 

use of the UAS would decrease the congestion of the NASby reducing the number of 

manned aircraft needed to obtain aerial imagery. Because the UAS does not require an airport 

for takeoff and landing, its use would lessen the burden on air traffic control. 

3. The Public Will Benefit from a Reduction in Pollution. By granting the present Petition, 

Maximum Exposure will provide an ecologically friendly method of Data Collection. Since 

the DJI Phantom 3 Professional UAS is battery-operated and has an electric motor, it 

produces no Carbon dioxide emissions and little noise pollution. 

4. The Public Will Benefit from an Increase in Safety. Unlike manned aircraft, the UA 

operates without combustible fuel and with no people on board. Maximum Exposure's use of 

the UAS for aerial data collection will diminish the likelihood of death or serious bodily 

injury to persons in the air on the ground, as well as reduce the risk of damage to structures. 

5. The Public Will Benefit Economically. With the rising cost of aviation fuel and the 

EPA's regulatory actions phasing out leaded aviation fuels, American companies like 

Maximum Exposure need to seek out new technologies, like unmanned aircraft, to remain 

viable and competitive. By operating the UAS, Maximum Exposure will remain profitable 

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and be able to offer job stability to its employees. A stable workforce promotes consumer 

spending, which in tum increases tax revenues for local, state and federal governments. 

6. There Are No Privacy Issues. Maximum Exposure's operation of the UAS will not 

implicate any privacy issues, because the flights will only occur over private and or 

controlled-access property, with the landowner's or operators prior consent and knowledge. 

Summary 

Maximum Exposure Photography LLC seeks an exemption from the requirements of 14 

C.F.R. §§ 45.23(b), 45.27(a), 61.113(a) and (b), 61.315(a) and (c), 91.7 (a), 91.9(b)(2) and 

(c), 91.103(b)(2), 91.105, 91.109, 91.119 (b) and (c), 91.121, 91.151,91.203 (a)(!), 91.405 

(a), 91.407 (a)(l), 91.409 (a)(!) & (a)(2), 91.417 (a) & (b). 

A Brief Description ofthe Nature of the Exemptions Maximum Exposure Photography 

LLC Seeks: 

This exemption will permit Maximum Exposure Photography LLC to operate an Unmanned 

Aircraft System (UAS) commercially for the purpose of aerial data collection within the 

National Airspace System (NAS). 

Conclusion 

Maximum Exposure Photography LLC seeks an exemption pursuant to 14 C.F .R. § 11.61 and 

Section 333 ofthe FAA Modernization and Reform Act of2012, to permit safe operation of 

the DJI Phantom 3 Professional UAS commercially, without an airworthiness certificate, for 

the special purpose of conducting aerial video and photography over certain areas of the 

United States. By granting this petition, the FAA Administrator will be fulfilling the 

Congressional mandate of Section 333 ofthe FAA Modernization and Reform Act 

of 2012 to expedite approval of certain UAS within the NAS, while also advancing the 

interests of the public. 

Respectfully Submitted, 

, anager 

Maximum Exposure Photography LLC 

5507 Keeler Oak St. 

Lithia, FL 33547-5047 

813.240.7814 

dcole@maxexpPhoto.com 

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