David A. Pace dba Pace Photography - Section 333 Exemption Petition

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

January 19, 2016

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the 

Federal Aviation Regulations 

Dear Sirs; 

In accordance with the Public Guidance for Petitions for Exemption filed under Section 333, I, 

David A. Pace dba Pace Photography, hereby request exemption from the Federal Aviation 

Regulations to allow for commercial operations of a DJI Phantom 3 Advanced, Unmanned 

Aerial System (UAS) for purposes of aerial photography and videography; but only 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 or Section 49 USC § 44701

Applicant:

David A. Pace dba Pace Photography

P.O. Box 1076

Sequim, WA 98382

(360) 681-8705

Qualifications: 

FAA Pilot Certificate No. 3222259

Airline Transport Pilot, Airplane Multiengine Land

-CE-560XL; CE-680

Commercial Privileges, Airplane Single Engine Land

Private Privileges, Single Engine Sea

First Class FAA Medical

Experience:

Former Owner/Operator of Part 135 Charter operations

Part 121 First Officer, Horizon Airlines

Part 91k/Part 135 Captain Citation Sovereign

Over 10,000 hours total flight time

Attachments: 
1. DJI Phantom 3 Advanced User Manual (file too large to attach to electronic submission)

2. DJI Phantom 3 Safety Guidelines Disclaimer 

3. Intelligent Flight Battery Safety Guidelines

Specific Regulations from which relief is required: 

14 CFR 21, Subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 (b) (2) 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (l) 

14 CFR 91.409 (a) (l) & (a) (2) 

14 CFR 91.417 (a) & (b)

14 CFR 21, Subpart H- In consideration of the size, weight, speed, and limited operating area 

associated with this UAS and its operation, I, David A. Pace request relief from 14 CFR part 21, 

Subpart H, and any associated noise certification and testing requirements of part 36. The UAS 

will carry neither pilot, passenger, explosive materials nor flammable liquids. 

14 CFR 45.23 (b)- Even though the UAS will have no airworthiness certificate, an exemption 

may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which 

the word "Experimental" can be placed. Given the size of the UAS, two-inch lettering will be 

impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 

(f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as "Experimental." 

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a)- Since the UAS will not carry a pilot or 

passengers I, David A. Pace request a relief from these regulations. Any pilot in command or 

(PIC) operating the UAS will hold a Sport Pilot (or greater) certificate. A visual observer or 

(VO) will be utilized and required to communicate verbally at all times. The UAS will be limited 

to operations within visual distance of both the PIC and VO. All UAS operations will take place 

in a controlled area. The risks associated with the use of a UAS are far less than similar 

commercial aircraft operations.

14 CFR 91.7 (a)- Since the UAS will not carry a pilot or passengers there will be no 

airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard exists for determining airworthiness. Given the size of the aircraft, 

maintenance, and use of safety checklist prior to each flight, an equivalent level of safety will be 

provided. All flights will be in accordance with the safety and maintenance recommendations 
found in the DJI Phantom 3 attachments. This particular DJI Phantom 3 Advanced is registered 

with the FAA and has Registration Number FA3PKN3HCW affixed to the UAS.

14 CFR 91.9 (b) (2) - Given the size and configuration, the UAS has no ability to carry a flight 

manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight 

manual. An equivalent level of safety will be maintained by keeping the flight manual at the 

ground station where the UAS pilot will have immediate access to it. 

14 CFR 91.103 (b) (2) - As no FAA approved flight manuals will be provided for the aircraft an 

exemption is needed. Alternate procedures including but not limited to reviewing weather 

conditions, checking flight battery requirements, checking takeoff and landing distances along 

with those found in the attached "DJI Phantom 3 Advanced User Manual" and “DJI Phantom 3 

Advanced Safety Guidelines Disclaimer” will be implemented. These actions will provide an 

equivalent or higher level of safety. 

14 CFR 91.109- UAS and remotely piloted aircraft do not have fully functional dual controls. 

Flight control is achieved through the use of a control box that communicates with the aircraft 

via radio communications. An equivalent level of safety will be achieved using the real time 

ground station data and given the UAS will carry neither a pilot nor passengers. 

14 CFR 91.119 (c) - The UAS will never be operated at an altitude higher than 400 feet AGL. 

The UAS will operate in safe areas away from public and traffic and only with permission of the 

property and structure owners. The UAS will also be restricted by the flight controller to a 

maximum vertical height of 400 feet AGL, and 1500 feet horizontal. Given the size, weight, 

maneuverability and speed of the UAS, an equivalent or higher level of safety will be achieved. 

14 CFR 91.121- As the UAS may not have a barometric altimeter, but instead a GPS barometric 

sensor for altitude information an exemption may be required. An equivalent level of safety will 

be achieved using a ground station which links to a telemetry data link. This will provide the 

pilot with live flight data monitoring, confirming the altitude of the launch site shown on the 

GPS altitude indicator prior to flight.

14 CFR 91.151 (a) - The UAS has a limited range and will be limited to operations in a 

controlled environment. The battery power the UAS provides approximately 23 minutes of flight 

time. The UAS is unable to meet the 30 minute reserve requirement and therefore requires an 

exemption. An equivalent level of safety will be achieved by monitoring the battery through the 

ground station and landing with a minimum of 30 percent battery power remaining. 

14 CFR 91.203 (a) & (b) - Given the size and configuration, the UAS has no ability to carry a 

flight manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry a 

flight manual. An equivalent level of safety will be maintained by keeping the flight manual at 

the ground station where the UAS pilot will have immediate access to it.

Given the following sections only apply to aircraft with an airworthiness certificate; these 

sections do not apply to this applicant. As a safety precaution, the operator will perform preflight 

inspections and ensure UAS is in working condition before initiating each flight: 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (l) & (a) (2) 

14 CFR 91.417 (a) & (b)
How the Operator will Maintain an equivalent level of safety:

In addition to the safety standards mentioned above the UAS will adhere to the following 

additional guidelines: 

1. The UAS will not be operated within 5 miles of an airport unless prior contact to Air Traffic 

Control has been established. 

2. Flights will not exceed an airspeed of 36 mph (31.3 knots) 

3. Flights will be operated at or below an altitude never exceeding 400 feet AGL. 

4. The PIC and VO will communicate verbally at all times. 

5. UAS operations will not be conducted during night. 

6. All operations will be conducted under visual meteorological conditions. 

7. The UAS will land with a minimum 25 percent battery reserve remaining. 

8. The UAS will only be piloted within visual line of sight. 

9. The UAS will utilize an internal flight safety feature that will return to a preprogrammed 

position and land if communication with the remote control is lost. 

10. Preflight inspections and protocol will be followed prior to all operations. 

11. The UAS will abort flight in the event of unpredictable obstacles or emergencies.

How granting the exemption would be in the public interest:

I, David A. Pace, believe the use of a UAS in lieu of a manned aircraft would enhance safety and 

reduce the environmental impact compared to similar operations conducted with a manned 

aircraft carrying a crew and flammable fuel. 

The use of a UAS in the real estate industry, and for other survey and assessment uses, provides 

a higher level of marketing and service. The UAS is able to provide a view which encompasses 

the entire property in a single photo or short video clip. When compared to similar operations, 

utilizing a UAS poses much less of a safety concern for the general public with less fuel, time, 

noise, cost, and other resources.

Privacy 

All flights will occur over private or controlled areas with the owner's consent. Capturing people 

in images will rarely occur. If a person is captured in a collected image they will have consented 

prior to filming or otherwise have agreed to being in the area prior to the filming taking place.

The proposed operations:

Using the DJI Phantom 3 Advanced for commercial photography and video in the following 

settings:

• Real Estate: residential and commercial properties for sale

• Inspections: low altitude photography and videography for the benefit of the

pubic and the use of individuals and companies seeking cost effective solutions

• Corporate Use: individual companies seeking to have their product or service
viewed from an auxiliary angle

Make and model of Aircraft for Proposed Operations: 

DJI Phantom 3 Advanced - FAA Registration Number FA3PKN3HCWE

Sincerely,

David A. Pace

Dba Pace Photography

PO Box 1076

Sequim, WA 98382