This document constitutes an exemption Request under Section 333 of the FAA Modernization 

and Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography & Videography 

by/for Adrian Acevedo.

The main use of this UAS would be taking real-estate photos. The UAS systems that I plan to 

use is a DJI PHANTOM 3 ADVANCED and will be referenced in this document and also in the 

attached user manual.

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by 

always flying the UAS within visual eye contact, less than 400 ft above ground and never 

directly above persons or public places. The orientation of flights will be such that the pilot in 

command (PIC) always has a visual on the rear mounted LED flight Indicator. Additional safety 

features on the DJI PHANTOM 3 ADVANCED include, return to home, low voltage, enhanced 

fail-safe. All operations will include a visual observer (VO) aiding the PIC.

2. Preflight inspection would consist of checking battery condition/level in both the transmitter 

and UAS. The binding/link feature will not let the UAS start if communication is not established. 

A check for power-lines, antennas and other overhead objects would be performed. Wind 

conditions would be monitored and be a factor for flying.

3. The radio frequency of the DJI PHANTOM 3 ADVANCED is in 2.400GHz-2.483GHz

range. Maximum take-off weight less than 1300g. Max Ascent speed 5 m/s, max descent speed 

3 m/s. Maximum flight speed 16 m/s (ATTI mode, no wind).

4. The PIC will be only myself and I have a approximately 40 hours flying time with a similar DJI 

PHANTOM 2 VISION model and various other lower class UAS models. I am currently in the 

process of obtaining a Sport Pilot Certificate (SPC) and will only fly the drone commercially 

when the SPC is obtained. Until the SPC is obtained commercial flight of the DJI PHANTOM 3 

ADVANCED will be flown by a licensed pilot. I am employed as a Police Sergeant, I enjoy the 

hobby of radio controlled vehicles and aircraft and engage in amateur photography.

5. I am in good medical health and sound mental health.

6. The intended use of this DJI PHANTOM 3 ADVANCED is for personal hobby but once I 

obtain my SPC, I will offer photographs and video for sale to local realtors.

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera 

metadata recorded on a hard drive and also backed up to a server. This data would be kept 

readily available for a period of 1 year after each aerial flight for hire.

8. In use flight time for UAS operation during real estate projects would be no more than 20 

minutes. Each battery lasts approximately 23 minutes of uninterrupted flight and I own one 

battery.

9. Proximity of local airports: Relative to my home and where I intend on flying the PHANTOM 3 

ADVANCED, the nearest airpots are Hackettstown NJ and Lehigh Valley. 10 miles and 43 miles 

respectively. Hackettstown airport is a small airport capable only of small single engine planes, 

primarily used for agriculture. Lehigh Valley Airport is the closest International Airport. I will not 

fly my PHANTOM 3 ADVANCED anywhere close to any no fly zones. In addition, 
the latest firmware for the DJI PHANTOM 3 ADVANCED. Will not allow the drone to operate 

within a no fly zone (airports, etc) in compliance to FAA rules and regulations. See page 40 of 

the attached user manual.

Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21

Along with Sections:

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R . 91.119 (a) (b) & (c)

14 C.F.R. 91.121

14 C.F.R. 91.405 (a)

14 C.F.R. 91.407 (a) (1)

14 C.F.R. 91.409 (a) (2)

14 C.F.R. 91.417 (a) & (b)

The petitioner requests relief from the following regulations:

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing 

design approvals, production approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23 (b) prescribes, in pertinent part, that when marks include only the Roman capital 

letter “N” and the registration number is displayed on limited, restricted or light-sport category 

aircraft or experimental or provisionally certificated aircraft, the operator must also display on 

that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” 

or “provisional,” as applicable.

Reason for relief: The body of the DJI Phantom is too small to support this size of markings.

Action: The UAS will be marked with my name, contact information as large as possible. In 

addition the serial number is listed with the manufacture and searchable on the internet.

Section 61.113 (a) & (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:

Reason for relief: (A) & (B) The flights are only incidental to the business of photography. This 

UAS is too small to carry a pilot or passenger and will not carry or deliver any personal property 

for hire. In addition obtaining a private pilot certificate would be an unnecessary requirement 

and/or hardship for the purpose of unmanned aerial photography.

Action: The only payload for this exemption is a fixed camera. No other payload/payloads will be 

allowed.
Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it 

is in an airworthy condition.

Reason for Relief: Airworthy condition is not defined in the Phantom 3 ADVANCED manual.

Action: An airworthy preflight inspection would be checking battery condition/level in both the 

transmitter and UAS. The binding/link feature will not let the Phantom Professional 3 start up if 

communication is not established. Check for power-lines, antennas, and other overhead objects 

would be performed. Wind conditions would be monitored and be a factor for flying.

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in 

the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof.

Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft Flight 

Manual.

Action: There is a “Checklist before every flight” instruction tag attached to the body of the 

Phantom 3 ADVANCED that will be followed and on page 44 on the attached user manual.

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.

Reason for relief: This UAS Phantom quad copter at most times would be operated at less than 

the minimums prescribed in paragraph (b) or (c) of this section. The regulation states that over 

sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, 

vessel, vehicle, or structure. Since the typical photo assignment would be photography of real 

estate structures and or vacant land it would be necessary to operate closer than 500 feet.

Action: Operations will only be flown over property where permission has been obtained and 

careful pre-planning has been performed. If/when the low battery LED flashes the UAS will be 

landed in a safe manner.

Due to the small size and weight of the Phantom Professional 3, the hazard to persons, vehicles 

and structures is minimal compared to manned aircraft.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.
Reason for relief: The Phantom 3 ADVANCED is not equipped with an altimeter and can hover 

within a 10 foot radius in all directions. There is no minimum cruising speed and it will not be 

launched from an airport.

Action: The above ground level height will be less than 400 feet programmed into the firmware 

and never flown out of visual eye contact or at night.

Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected.

Reason for relief: There is no certified inspection facility and the Phantom 3 ADVANCED will not 

power on if it fails the POST (power on self test).

Action: In the event that the Phantom 3 ADVANCED needed inspection for any major or 

intermittent problems it would be safer to replace the entire UAS.

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under section 43.7 of the same chapter.

Reason for relief: Replacement of props, motors, and batteries should be allowed by the 

operator. In addition updating firmware when required should be allowed.

Action: Parts will be genuine factory replacement. Only manufacture approved firmware will be 

uploaded.

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter.

Reason for relief: There is no certified inspection facility or process for the Phantom 3 

ADVANCED. If and when the Phantom is used for business, the estimated flight times for photo 

shoots would be less than 20 minutes.

Action: When any flight or intermittent problem become apparent and is not remedied by a 

simple repair the entire UAS would be replaced by the same model or as close to the DJI 

Phantom 3 ADVANCED.

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall 

keep the following records for the periods specified in paragraph (b) of this section:

Reason for relief: Due to the popularity, simplicity, size and limitation of the Phantom 3 

ADVANCED this could become an overburden for the owner/operator and any regulating 

agency.

Action: All photo flights for hire would have the date, time, GPS coordinates along with the 

camera metadata recorded on a hard drive and also backed up to a DVD. This data would be 

kept readily available for a period of 1 year after each aerial flight for hire.
Public Interest: Granting my request would be in the public interest by giving an opportunity for 

real estate photographers to offer safer and more competitively priced aerial photography and 

videography to the general public.

Adversely affect safety: This exemption would not adversely affect the safety of the general 

public due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial 

photography from a manned aircraft, low altitude photography from a UAS would be safer and 

have less of an environmental impact.

The DJI PHANTOM 3 ADVANCED will not be flown at night and never in the flight path of 

manned aircraft. The first condition listed to always keep visual eye contact on the 22mm LED 

flight indicator is probably the most important. My main objective is to offer aerial real estate 

photography/videography in the safest way possible.

Respectfully,

Adrian Acevedo

6 Cider Lane

Washington, NJ 

07882

201-317-0408