December 15th, 2015

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE.

Washington, DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Jeffrey S. Young,

operator of an Unmanned Aircraft System (UAS), hereby apply 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 under the new

blanket provisions for UAS COAs as discussed at https://www.faa.gov/news/updates/?

newsId=82245.

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

for the purpose of commercial aerial photography and cinematography of real estate,

marketing, sports, and events. Commercial operation of an UAS, as described

herein, which are equipped with camera and sensors, would operate in the following

manner: (a) Aerial photography and/or video for public and/or private use including real

estate and other related professional activities, (b) Aerial video and/or photography for

public and/or private use including public and private events.

Applicant:

Jeffrey S. Young

DBA “Point of View Aerial”

12662 Double Eagle Drive

Carmel, IN 46033
Regulations from which the exemption is requested, subject, and 

justification:
As described fully below, the requested exemption would permit the operation of a UAS

under controlled conditions in the NAS that would be a) limited, b) controlled, c)

predetermined, and d) will provide safety enhancements to the already safe operations in

the industry presently using conventional aircraft. Approval of this exemption would

thereby enhance safety and fulfill the Secretary of Transportation responsibilities to

“....establish requirements for the safe operation of such aircraft systems in the national

airspace system.” 

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

PHANTOM 2 UAS. I will operate a sUAS, the DJI Phantom 3 Professional, Model

W323, which is comprised of an unmanned aircraft (UA or Phantom), an attached 4K

camera and a transportable ground station.

The sUAS DJI Phantom 3 Professional is a quad-copter with a gross weight of 2.8

pounds. It is equipped with four rotors that are driven by electric motors powered by

batteries. The Phantom 3 has a maximum airspeed of 16 m/s. It will be operated in

various locations within the United States to augment real estate listing videos, capture

event areal video and photography, and related business operations. 

UAS Operating Parameters 

I will abide by the following additional operating conditions under this exemption, which

ensures a level of safety at least equal to existing rules:

• 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;

• obtain permission from the owner/controller of any vessels, vehicles and

structures when operations may be conducted closer than 500 feet to any such

vessels, vehicles or structures; I will conduct a safety assessment of the risk of

operating closer to those objects and determine that it does not present an undue

hazard;

• operate the UAS for a maximum of 25 minutes per flight;

• operate the UAS only during daylight hours

• land UAS prior to the manufacturer’s recommended minimum level of battery

power (when no less than 25% battery is remaining)

• operate UAS within visual line of sight (VLOS);

• use the UAS’ global positioning system (GPS) flight safety feature whereby it

hovers and then slowly lands with preset GPS coordinates if communication with

the remote control pilot is lost;

• stay certain distances away from airports or heliports: (a) 5 nautical miles (NM)

from an airport having an operational control tower; or (b) 3 NM from an airport

with a published instrument flight procedure, but not an operational tower; or (c)

2 NM from an airport without a published instrument flight procedure or an

operational tower; or (d) 2 NM from a heliport with a published instrument flight

procedure

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

place to abort flights in the event of safety breaches or potential danger;
• 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);

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

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

Regarding UAS operational training, I 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.

As PIC operating my UAS, I 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 multi-rotor UAS. As PIC, I 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 I,

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, I 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).

I 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, I 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.

I 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.

I 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 I will perform a preflight inspection of the

UAS before each flight as outlined in the attached operating documents.

I 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. I believe an equivalent level of safety will be

achieved by maintaining a safety/flight manual with the UAS ground station.
I 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. I will not operate our UAS above the altitude of 200 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.

I request an exemption from § 91.121 Altimeter settings as it is inapplicable since the

UAS utilizes electronic GPS with a barometric sensor.

I 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 at a 

maximum time of 25 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 25% 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 for small business owners, real estate agents, and

business owners.

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. Conventional photography

operations, using jet or piston powered aircraft, at extremely low altitudes, often very

close to the subject being filmed and in close proximity to people and structures; and

present the risks associated with vehicles that exceed 3,000 lbs., carrying large amounts

of jet A or other fuel. In contrast, a sUAS weighing fewer than 55 lbs. and powered by

batteries eliminates virtually all of the risk given the reduced mass and lack of

combustible fuel carried on board. The sUAS is carried to the location. The sUAS will

carry no passengers or crew and, therefore, will not expose them to the risks associated

with manned aircraft flights

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 I service. In addition, my request shows my desire to promote a safe

culture of UAS in the United States.
Summary 

I 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 300 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 be conducted over private or controlled-access property with

permission from the land owner/controller or authorized representative. Permission from

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

conducted.

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, the

UAS will not be operated until the necessary maintenance has been performed and the

UAS 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) I will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements.

11) I 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) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective action

taken against discrepancies discovered between inspections.

14) UAS operations will be conducted by a PIC possessing at least a private pilot

certificate and at least a current third-class medical certificate. The PIC will also meet the

flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is

rated on his or her pilot certificate.

15) Prior to operations conducted for the purpose of aerial videography/photography and

for real estate listing videos and public and private events and similar operations, the PIC

will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a
minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours

logged as a UAS pilot with a multi-rotor UAS.

16) Prior to operations conducted for the purpose of aerial videography/photography and

for real estate listing videos and public and private events and similar operations, the PIC

will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a

minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used

in operations. The PIC will accomplish 3 take-offs and landings in the preceding 90 days.

17) The PIC will not operate the UAS for the purpose of aerial videography/photography

and for real estate listing videos and public and private events and similar operations,

unless the PIC has demonstrated and logged in a manner consistent with 14 CFR

61.51(b), the ability to safely operate the UAS in a manner consistent with the operating

documents, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

18) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All

operations will be conducted under visual meteorological conditions (VMC).

19) The UA will not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA-published aeronautical chart.

20) The UA will not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

21) If a UA loses communications or loses its GPS signal, it will return to a

predetermined location within the planned operating area and land or be recovered in

accordance with the operating documents.

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents.

23) The PIC will not begin a flight unless (considering wind and forecast weather

conditions) there is enough power to fly at normal cruising speed to the intended landing

point and land the UA with 25% battery power remaining.

24) I will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations, and also request a Notice to

Air-man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior

to the operation.

25) Before conducting operations, the radio frequency spectrum used for operation and

control of the UA will comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

26) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC

at the Ground Control Station of the UAS any time the UAS is operating. These

documents will be made available to the Administrator or any law enforcement official

upon request.

27) The UA will remain clear and yield the right of way to all manned aviation operations

and activities at all times.

28) The UAS will not be operated by the PIC from any moving device or vehicle.

29) The UA will not be operated over congested or densely populated areas.

30) Flight operations will be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from

the UA and/or debris in the event of an accident. I will ensure that nonparticipating

persons remain under such protection. If a situation arises where nonparticipating

persons leave such protection and are within 500 feet of the UA, flight operations must

cease immediately and/or;
b. The aircraft is operated near vessels, vehicles or structures where the owner/controller

of such vessels, vehicles or structures has granted permission and the PIC has

made a safety assessment of the risk of operating closer to those objects and determined

that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not

present an undue hazard to those persons per § 91.119(a).

31) 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.

Similar exemption requests have been recently submitted by Chareles Howarth of

Newport Beach, CA and Andrew Lassiter of Folly Beach, SC.

Thank you for your consideration of my exemption request.

Sincerely,

Jeffrey S. Young