U.S Department of Transportation July 12, 2015 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Filed with www.regulations.gov

Re: Petitions for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations 

Dear Madam, Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act"), P .L. 112-

95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F .R. Part 11, Kyle Malone providing 

Real Estate and Sporting Event photography and videography services, seeks an exemption from the 

Federal Aviation Regulations ("F ARs") and listed below:

14 C.F.R. Part 21 

14 C.F.R. 45.23 

14 C.F.R. 45.29 

14 C.F.R. 61.3 

14 C.F.R .61.23 

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

14 C.F.R. 61.133(a) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9 

14 C.F.R. 91.109(a) 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 

14 CFR Subpart E (91.401 - 91.417)

Summarized for purposes of Federal Register publication:

Applicant seeks an exemption from the following rules: 

14 C.F.R. Part 21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.3, 14 C.F.R . 61.23 , 14 C.F.R. , 1.113(a) 

& (b), 14 C.F.R. 61.133(a), 14 C.F.R. 91. 7(a), 14 C.F.R. 91.9, 14 C.F.R. 91.109(a), 14 C.F.R. 91.119, 14 

C.F.R. 91.121, 14 C.F.R. 91.151 (a), 14 C.F.R. 91.203, 14 CFR Subpart E (91.401- 91.417) to operate 

commercially a small unmanned vehicle (55lbs or less) augmenting its real estate, sporting event, and 

wedding photography and videography operations. 

Contact for the Applicant is: 

Kyle Malone

7420 W Highland Rd.

Midlothian, TX 76065

Cell Phone: (775)830-4290

Email: Notre1986Dame@yahoo.com

The requested exemption would authorize commercial operations using the UAV for real estate, sporting 

event, and wedding photography and videography. These operations will be subject to strict operating 

conditions defined by the UAV manufacturer’s standards and procedures in order to ensure at least an 

equivalent level of safety to currently authorized operations using manned aircrafts. 
Upon receipt of the exemption contemplated herein, I shall, if required, obtain a Certificate of Waiver or 

Authorization (COA) form the FAA Air Traffic Organization prior to conducting operation(s) in the NAS. 

Proposed Use 

The main use of this UAS would be taking photos and videos for live sporting events and real estate 

photography. The UAS systems that I plan to use is a DJI PHANTOM 3 PROFESSIONAL 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 

PROFESSIONAL include, return to home, low voltage, enhanced failsafe along with operating in the less 

populated 2.4-2.483 GHZ frequency range. 

2. Pre-flight inspection would be 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 PROFESSIONAL is in the 2.4 - 2.483 GHZ range. The 

maximum take off weight less than 1200g. Max Ascent speed is 5 m/s, and the Max Descent speed it 3 m/s. 

The Maximum flight Velocity is 16 m/s. The cruise speed is 5 m/s. 

4. The PIC will be only Kyle Malone who has a minimum of 80 hours flying time with the previous version 

of the Phantom 3 Professional model, the DJI PHANTOM 2 VISION PLUS model. Testing, updating and 

programming the DJI PHANTOM 3 PROFESSIONAL firmware would be done on a monthly schedule 

5. I am in good medical health and sound mental health. I have no arrests or felonies. I have recently passed 

a background check and held a Secret Security Clearance in from August 2004 to August 2014 while

serving in the United States Marine Corps. 

6. The intended use of this DJI PHANTOM 3 PROFESSIONAL is to establish myself within the real estate 

market taking aerial high-resolution photos of homes and properties. Also to provide services for sporting 

events and weddings. 

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

recorded on a hard drive and backed up to cloud storage services. This data would be kept readily available 

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

8. The proposed flight time will be the lesser of 25 minutes or the time-duration of the UAV battery. 

I will also file for a Certificate of Waiver or Authorization (COA). In the event that a COA request is not 

granted the petitioner would ask that this request for exemption still be granted with a conditional use. The 

DJI PHANTOM 3 PROFESSIONAL will never be flown 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 and sporting event photography at a competitive 

rate for the general public in the safest way possible. 

Public Interest: 

Granting my request would be in public interest by giving an opportunity for real estate, sporting event, and 

wedding photographers to offer safer and more competitively priced aerial photography to the general 

public. 

This exemption would not adversely affect the safety of the general public due to the size, weight, and 

keeping of the UAS in visual sight. The safety mechanisms of the herein described UAS provide further 

protections when the PIC is no longer in control of the UAS. In comparisons to aerial photography from 

manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental 

impact. 

Thank you for your attention to this matter. 

Respectfully submitted, 

Kyle Malone
ANNEX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

Kyle Malone requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the DJI Phantom 3 Professional ("UAV”): 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR§ 91.203(a). Given the size of the UAV, its very light weight and the limited 

operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness 

process under Part 21 Subpart H in order to achieve or exceed current safety levels. 

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

of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved. 

An analysis of these different criteria demonstrates that the UAV operated without an airworthiness 

certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a 

conventional aircraft with an airworthiness certificate. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters 

at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at 

least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAVs, this 

requirement is impossible to match. 

14. CFR §61.23: Medical certificates: Requirement and duration 

Regulations provide that a person: 

(1) Must hold a first-class medical certificate: 

• When exercising the pilot-in-command privileges of an airline transport pilot certificate; 

• When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or 

supplemental operation in part 121 of this chapter that requires three or more pilots; or 

• When serving as a required pilot flight crewmember in an operation conducted under part 121 of this 

chapter if the pilot has reached his or her 60th birthday. 

(2) Must hold at least a second class medical certificate when exercising: 

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other 

than operations specified in paragraph (a)( 1 )(ii) of this section); or 

• Privileges of a commercial pilot certificate Given the size of the UAV, its structure, the limited flight area, 

and the safety features integrated in the autopilot (among others a flight termination system), Kyle Malone

believes that an Equivalent Level of Safety can be reached if the operator has a valid driver's license. 

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of 

the United States, unless that person: 
(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's 

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot 

certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license 

issued by that country may be used. The regulation provides also that no person that holds a private pilot 

certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a 

private pilot to act as pilot in command of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; 

(3) The aircraft does not carry passengers or property for compensation or hire. 

Given the safety features of the UAV, Kyle Malone proposes that operators of the UAV should not be 

required to hold a commercial or private pilot certification. The equivalent level of safety will be achieved 

by; having an operator trained UAV manufacturer and using the integrated features of the aircraft to 

maintain a high level of safety during the different missions. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS. 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 a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements 

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in close 

proximity to the operator. 

The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the 

UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 91.109(a): Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls." 

The equivalent level of safety during the in-flight training will be achieved by the manufacturer or affiliate 

providing the training as described in the manufacturer's training program and through the use of 

experienced and qualified instructors familiar with the UAV. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority to 

operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security perimeter, 

where buildings and people will not be exposed to operations without their pre-obtained consent. 
The equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or local 

officials. 

Compared to flight operations with aircraft weighing far more than those proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those presently presented with 

conventional aircraft. 

14 CFR 91.121: Altimeter settings 

This regulation requires 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." As the UAV may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption is requested. 

An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

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

As the UAVs are electric-powered, this requirement is inapplicable. In any event, given the contemplated 

operations, Kyle Malone believes that an equivalent level of safety is already achieved with the specific 

procedure preventing the UAVs accepting a take off order if the battery level is below a given value. 

Moreover, the manufacturers have integrated low and critical battery level warnings and implemented a 

"return to home" action in these situations. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. 

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this 

section or a special flight authorization issued under §91. 715 is displayed at the cabin or cockpit entrance 

so that it is legible to passengers or crew. 

•An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to 

such UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 CFR Subpart E (91.401 - 91.417): Maintenance, Preventive Maintenance, and Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 .409 require the 

aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance and 

inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. 

Section 91 A 17 requires the owner or operator to keep records showing certain maintenance work that has 

been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of 

the aircraft for return to service. 

Kyle Malone proposes that the maintenance of the UAVs will be accomplished by the owner or the 

operator according to the manufacturers user manual. 
Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to the applicant Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook as referenced herein. An equivalent level of safety will be achieved 

because these small UAVs are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the UAV can land immediately and 

will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain 

the aircraft in an airworthy condition to provide the equivalent level of safety.