Petition	For	Exemption	Pursuant	to	Section	333

of	the	FAA	Modernization	and	Reform	Act	of	2012

My	Creative	Department,	LLC

Josh	Gold

14178	E	Grand	Ave	

Aurora	Co	80015

Dear	Sir	or	Madam,

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act of	2012	and	14	CFR	Part	

11,	My	Creative	Department,	LLC	is	hereby	requesting	an	exemption	from	the	listed	Federal	

Aviation	Regulations	to	operate	a	small	Unmanned	Aircraft	System	for	the	purpose	of	

recording	photography	and	videography	for	compensation	or hire.

This	exemption	would	permit	commercial	operation	by	My	Creative	Department, LLC,	using	

a	DJI	Phantom	3	Professional	UAS	in	order	to	provide	the	following	services:

real	estate	advertising	

land	surveying	

agricultural	surveying

commercial	advertisement

personal	event	photography	and	videography

commercial	event	photography	and	videography

industrial	inspections

My	Creative	Department,	LLC’s	operation	under	the	exemption	will	be	subject	to	strict	

operating requirements	and	conditions	to	ensure	an	equivalent	level	of	safety	to	currently	

authorized operations	using	manned	aircraft	and	under	conditions	as	may	be	modified	by	

the	FAA	as required	by	Section	333.

My	Creative	Department,	LLC	respectfully	submits	this	request	for	an	exemption	due	to	the	

increasing	demand	for	aerial	photo	and	video	by	use	of	sUASs/UASs from	our	current	

clients	as	well	as	new	potential	clients. My	Creative	Department	has	been	in	business	for	

over	5	years	and	its	owner	and	operator	Josh	Gold	has	been	in	the	photo	and	video	industry	

fro	over	11	years.	Approval	of	this	exemption	would	enhance	safety	and	fulfill	the	Secretary	

of Transportation’s	responsibilities	under	Section	333(c)	of	the	Reform	Act	to	“establish

requirements	for	the	safe	operation	of	such	aircraft	systems	in	the	national	airspace	

system.”
My	Creative	Department,	LLC	has	organized	this	exemption	request	as	follows:

I.	Petitioner’s	Description

II.	Relevant	Statutory	Authority

III.	Qualifications	for	Approval	Under	Section	333	of	the	Reform	Act

IV.	Description	of	Proposed	Operations

V.	Regulations	from	which	Exemption	is	Requested

VI.	Public	Interest

VII.	Privacy

VIII.	Federal	Registry	Summary

IX.	Conclusion

I. Petitioner’s	Description

My	Creative	Department,	LLC,	headquartered	in Aurora,	Colorado,	is	a	company	that	

provides	photography	and	video	services	to consumers	and	businesses	alike.	The	services	

we	provide	include	but	are not	limited	to:

real	estate	advertising	

land	surveying	

agricultural	surveying

commercial advertisement

personal	event	photography	and	videography

commercial	event	photography	and	videography

industrial	inspections

My	Creative	Department,	LLC’s	goal	is	to	operate	in	an	accident-free	environment	while	

serving	our community.

My	Creative	Department,	LLC	is	owned	and	operated	by	one	managing	member with	over	7

years	of UAS/UAV/Drone	experience:

Josh	Gold

14178	E	Grand	ave.

Aurora	CO	80015

720-291-2527

II.	Relevant	Statutory	Authority

This	petition	for	exemption	is	submitted	to	fulfill	Congress’	goal	in	passing	Section	

333(a)through	(c)	of	the	Reform	Act.	Congress	has	directed	the	FAA	“to	safely	accelerate	the

integration	of	civil	unmanned	aircraft	systems	into	the	national	airspace	system.”	Pursuant	

to Section	333	of	the	Reform	Act,	the FAA	Administrator	is	to	consider	whether	certain

unmanned	aircraft	systems	may	operate	safely	in	the	National	Airspace	(“NAS”)	before

completion	of	formal	UAS	legislation,	based	on	the	following	considerations:

•	The	UAS’s	size,	weight,	speed,	and	operational	capability;

•	Operation	of	the	UAS	in	close	proximity	to	airports	and	populated	areas;	and
•	Operation	of	the	UAS	within	the	visual	line	of	sight	of	the	operator.

If	the	Secretary	determines	that	such	vehicles	“may	operate	safely	in	the	National	Airspace

System,	the	Secretary	shall	establish	requirements	for	the	safe	operation	of	such	aircraft	in

the	National	Airspace	System.”

Additionally,	the	FAA	Administrator	has	general	authority	to	grant	exemptions	from	its	

safety regulations	and	minimum	standards,	and	has	done	so	on	numerous	occasions,	when	

the Administrator	decides	a	requested	exemption	is	in	the	public	interest.	A	party	

requesting	an exemption	must	explain	the	reasons	why	the	exemption:	(1)	would	benefit	

the	public	as	a whole,	and	(2)	would	not	adversely	affect	safety	(or	how	it	would	provide	a	

level	of	safety	at least	equal	to	the	existing	rules).

The	Federal	Aviation	Act	expressly	grants	the	FAA	the	authority	to	issue	exemptions.	This

statutory	authority,	by	its	terms,	includes	exempting	civil	aircraft,	as	the	term	is	defined

under	40101	of	the	Act,	from	the	requirement	that	all	civil	aircraft	must	have	a	current

airworthiness	certificate	and	those	regulations	requiring	commercial	pilots	to	operate	

aircraft in	commercial	service:

The	Administrator	may	grant	an	exemption	from	a	requirement	of	a regulation	

prescribed	under	subsection	(a)	or	(b)	of	this	section	or any	of	sections.

III.	Qualifications	for	Approval	Under	Section	333	of	the	Reform	Act

The	proposed	operations	in	this	petition	for	exemption	qualify	for	expedited	approval	

under	Section	333	of	the	Reform	Act.	Each	of	the	statutory	criteria	and	other	relevant	

factors	are satisfied.

The	proposed	operations	would	permit	My	Creative	Department,	LLC	the	use	of	small	

unmanned aircraft	systems	under	controlled	conditions	in	airspace	that	is:	(1)	

predetermined;	(2)	access controlled;	(3)	enhanced	with	an	increased	level	of	safety	beyond	

that	existing	when	fixed	or rotor	wing	aircraft	are	used	to	accomplish	the	same	purpose.

My	Creative	Department,	LLC	uses	a	UAS	(DJI	Phantom	3	Professional)	that	is	multi-rotor,	

weighing less	than	55	pounds,	including	payload.	Under	normal	conditions,	it	operates	at	

speeds	less than	50	mph	and	has	the	capability	to	fly,	hover,	and	move	in	the	vertical	and	

horizontal plane.	My	Creative	Department,	LLC’s	UASs	will	operate	in	line	of	sight,	during	

daylight	hours,	and will	only	operate	within	a	sterile	area.	My	Creative	Department,	LLC	will	

operate	at	or	below	400 feet	above	ground	and	will	file	a	NOTAM	for	each	flight	operated	in	

controlled	airspace.	All required	permissions	and	permits	would	be	obtained	from	

territorial,	state,	county,	or	city jurisdictions,	including	local	law	enforcement,	fire,	or	other	

appropriate	governmental agencies	prior	to	operating	a	UAS.

Given	the	small	size	of	the	UAS’s	involved	and	the	restricted	sterile	environment	within	

which they	will	operate,	FT	Aerial	Services,	LLC’s	exemption	falls	within	the	zone	of	safety	

and demonstrates	an	equivalent	level	of	safety,	in	which	Congress	desired	the	FAA	to	permit

commercial	UAS	operations	by	exemption	pending	the	completion	of	formal	legislation.	
Also,due	to	the	size	of	the	UASs	and	the	confined	area	in	which	they	will	operate,	approval	

of	the exemption	presents	no	hazard	in	the	National	Airspace	System.

Considering	the	clear	direction	in	Section	333	of	the	Reform	Act,	the	authority	contained	in

the	Federal	Aviation	Act,	as	amended,	the	equivalent	level	of	safety	surrounding	the

proposed	operations,	and	the	significant	public	benefit,	the	grant	of	the	requested

exemptions	is	also	in	the	public	interest.

IV.	Description	of	Proposed	Operations

To	assist	the	FAA	in	its	safety	assessment	of	My	Creative	Department,	LLC’s	proposed	UAS

operations,	below	is	a	summary	of	operational	limitations	and	conditions	that	will	ensure	

an equivalent	or	higher	level	of	safety	to	operations	conducted	under	current	regulatory

guidelines:

1.	The	UAS	will	weigh	less	than	55	pounds,

2.	Flights	will	be	operated	within	line	of	sight	of	the	PIC	and	observer.

3.	Maximum	total	flight	time	for	each	operational	flight	will	be	limited	to	the	amount	of	time	

the	UAS	can	be	flown	and	still	maintain	a	reserve	battery	power	of	no	less	than	25%.

4.	Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	above	ground.

5.	Minimum	crew	for	each	operation	will	consist	of	the	UAS	Pilot	in	Command	and	a	Visual

Observer.

6.	Prior	to	the	operations	at	a	particular	location,	a	site	inspection	will	have	been

conducted.

7.	All	UAS’s	will	be	maintained	in	accordance	with	inspection	programs	specified	in	the

manufacturer’s	guidelines.

8.	The	PIC	and	VO	will	at	all	times	be	able	to	communicate	by	voice.

9.	The	PIC,	VO,	and	any	other	operational	personnel	will	have	been	fully	trained	prior	to	

having	any	operational	responsibilities.

10.	All	required	permissions	and	permits	would	be	obtained	from	territorial,	state,	county	

or	city	jurisdictions,	including	local	law	enforcement,	fire	or	other	appropriate	

governmental agencies.

11.	If	the	UAS	loses	communication	signal,	the	UAS	will	have	the	capability	to	return	to	a	

predetermined	location	with	the	sterile	area	and	land.

12.	The	UAS	PIC	has	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles	or

emergencies.

13.	My	Creative	Department,	LLC,	by	following	FAA,	NTSB,	and	AFS-80	best	practices,	will	

assure	no individuals’	privacy	is	violated.

14.	Procedures	have	been	established	by	My	Creative	Department,	LLC	to	contact	ATC	prior	

to operating	in	airspace	other	than	G.

V.	Regulations	from	which	Exemption	is	Requested

To	use	a	UAS	for	data	collection,	My	Creative	Department,	LLC	requests	relief	from	the	

following sections	of	Title	14	of	the	Code	of	Federal	Regulations:

§61.101(e)(4)	and	(5)	and	§61.113(a)	Private	Pilot	Limitations:	Pilot	in	Command
Sections	61.101(e)(4)	and	(5)	and	61.113(a)	limits	private	pilots	to	non-commercial

operations.	However,	because	the	aircraft	will	not	carry	pilots	or	passengers	and	is	limited	

in	the	type	of	operation	and	the	area	of	operation,	a	private	pilot	can	achieve	the	equivalent

level	of	safety	for	the	proposed	operations	as	a	commercial	pilot.	First,	unlike	conventional

manned	aircraft,	UASs	are	remotely	controlled	by	a	ground	based	pilot	operator	in	a

controlled	and	restricted	area.	Second,	the	aircraft	is	much	smaller	than	a	manned	aircraft

that	the	level	of	risk	associated	with	its’	operation	is	diminished	from	the	level	of	risk

associated	with	commercial	operations	contemplated	by	part	61.	Therefore,	allowing	

aircraft use	by	a	private	pilot	as	the	PIC	meets	or	exceeds	the	present	level	of	safety	sought	

by	14 CFR	61.101(e)(4)&(5)	and	61.113(a).

§61.315(a)	Sport	Pilot	Limitations

Section	61.315(a)	limits	sport	pilots	to	non-commercial	operations.	However,	because

the	aircraft	will	not	carry	pilots	or	passengers	and	is	limited	in	the	type	of	operation	and	the	

area	of	operation,	a	private	pilot	can	achieve	the	equivalent	level	of	safety	for	the	proposed

operations	as	a	commercial	pilot.	First,	unlike	conventional	manned	aircraft,	UASs	are

remotely	controlled	by	a	ground	based	pilot	operator	in	a	controlled	and	restricted	area.

Second,	the	aircraft	is	much	smaller	than	a	manned	aircraft	that	the	level	of	risk	associated

with	its’	operation	is	diminished	from	the	level	of	risk	associated	with	commercial	

operations contemplated	by	part	61.	Therefore,	allowing	aircraft	use	by	a	private	pilot	as	

the	PIC	meets or	exceeds	the	present	level	of	safety	sought	by	14	CFR	61.315(a).

§91.7(a)	Civil	Aircraft	Worthiness

Section	91.7(a)	requires	a	civil	aircraft	to	be	in	an	airworthy	condition	for operation,

which	accordingly	includes	an	airworthiness	certificate	in	accordance	with	14	CFR	part	

21,Subpart	H.	To	maintain	an	equivalent	level	of	safety,	the	PIC	will	ensure	that	the	aircraft	

is	in compliance	with	the	Operating	Manual	and	the	FOPM	prior	to	each	flight.	Additionally,	

the Pilot	will	still	comply	with	91.7(b)	and	ensure	that	the	aircraft	is	in	condition	for	a	safe	

flight.

§91.119(c)	Minimum	Safe	Altitudes

Section	91.119(c)	establishes	safe	altitudes	for	operation	of	civil	aircraft	over	other

than	congested	areas.	My	Creative	Department,	LLC	requests	authority	to	operate	up	to	400	

AGL over	uncontested	areas.	The	aircraft	will	operate	in	a	limited	area	within	pre-defined

boundaries	with	the	consent	of	the	landowner/controller	and	require	that	all	non-essential

persons	remain	clear	of	the	flight	area	during	operations.	The	PIC	will	make	a	safety

assessment	of	the	risk	of	operating	the	aircraft	and	ensure	no	undue	hazard	is	present	for

persons	or	property.	Considering	the	size,	weight	and	speed	of	the	aircraft,	these	

protections will	ensure	the	equivalent	level	of	safety	of	minimum	safe	altitudes.	Compared	

to	flight operations	for	manned	aircraft	and	the	lack	of	flammable	fuel,	any	risk	associated	

with	the proposed	aircraft	operations	is	far	less	than	conventional	aircraft	operating	at	or	

below	500	ft AGL.	In	addition,	the	low-altitude	operations	of	the	aircraft	will	ensure	

separation	with conventional	aircraft.

§91.121	Altimeter	Settings

Section	91.121	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.”	The	DJI	Phantom	3	Professional

does	not	have	a	barometric	altimeter,	but	instead	uses	GPS	altitude	data.	My	Creative	

Department, LLC	establishes	an	equivalent	level	of	safety	by	requiring	the	pilot	to	confirm	

that	the	GPS altitude	is	set	to	zero	before	every	flight.

§91.151(a)(1)	Fuel	Requirements	for	Flight	in	VFR	Conditions

Section	91.151(a)(1)	requires	all	day	VFR	flights	to	operate	with	enough	fuel	to	fly	to

first	point	of	intended	landing	and	then	for	at	least	an	additional	thirty	minutes.

The	batteries	that	power	My	Creative	Department,	LLC	unmanned	aircraft	systems	provide

approximately	23	minutes	of	powered	flight	time	and	therefore	is	unable	to	meet	this

requirement.	However,	the	DJI	Phantom	3	Professional	has	a	low	battery	alarm	along	with	a

critical	battery	limit	that	automatically	sends	the	aircraft	back	to	its	departure point.	Also,

because	the	aircraft	will	be	flying	in	a	confined	area	without	the	presence	of	non-essential

persons	and	with	landowner/controller	permissions,	an	equivalent	level	of	safety	can	be

achieved	by	flight	planning	all	flights	to	return	to	intended landing	site	with	a	minimum	of

25%	reserve	power	in	accordance	with	the	FOPM.

§91.405(a),	§91.407(a)(1),	§91.409(a)(1)	and	(2),	§91.417(a)	and	(b)	Maintenance

Inspections

Sections	§91.405(a),	§91.407(a)(1),	§91.409(a)(1)	and	(2),	§91.417(a)	and	(b)	require

that	an	aircraft	operator	or	owner	shall	“have	that	aircraft	inspected	as	prescribed	in	

subpart	E	of	this	part	and	shall	between	required	inspections,	except	as	provided	in	

paragraph	(c)	of this	section,	have	discrepancies	repaired	as	prescribed	in part	43	of	this	

chapter...,”	and others	shall	inspect	or	maintain	the	aircraft	in	compliance	with	Part	43.

Given	that	these	sections	and	Part	43	apply	only	to	aircraft	with	an	airworthiness

certificate,	these	sections	will	not	apply	to	My	Creative	Department,	LLC	operations.	

Maintenance will	be	accomplished	by	My	Creative	Department,	LLC	in	accordance	with	the	

operations	manual	and FOPM.	The	Pilot	in	Command	will	ensure	that	the	aircraft	is	in	

working	order	prior	to	flight and	will	perform	some	maintenance and	inspection	of	the	

aircraft	and	“be	authorized	to approve	the	aircraft	for	return	to	service.”	Additionally,	the	

Pilot	in	Command	will	conduct detailed	inspections	of	the	aircraft	every	10	hours	of	flight.	

Maintenance	performed	by	the PIC	is	limited	to replacing	propellers,	and	updating	software	

and firmware.	All	other	maintenance	will	be	performed	by	the	manufacturer.

My	Creative	Department,	LLC	will	keep	a	log	of	maintenance	performed.	Moreover,	My	

Creative	Depratment,	LLC	and	the	PIC	are	most	familiar	with	the	aircraft	and	best	suited	to	

maintain	it	in an	airworthy	condition.

An	equivalent	level	of	safety	will	be	achieved	because	the	DJI	Phantom	3	Professional

is	limited	in	size,	will	carry	a	small	payload	and	operate	only	in	restricted	areas	for	limited	

periods	of	time.	If	mechanical	issues	arise,	the	aircraft	can	land	immediately	and	will	be

operating	no	higher	than	400	feet	AGL.

VI.	Privacy

There	is	little	concern	that	the	proposed	flights	will	cause	invasions	of	privacy	because

flights	will	occur	over	private	or	controlled	access	property	with	the	land	owner’s	prior

consent	and	knowledge.
VII.	Public	Interest

Use	of	the	DJI	Phantom	3	Professional	drone	is	in	the	public	interest	because	it	is	safer

for	people	and	structures	than	conventional	manned	aircraft.	First,	risk	to	the	flight	crew	is	

virtually	eliminated	by	using	an	unmanned	aircraft.	Second,	by	flying	a	small	aircraft	

weighing

less	than	55	pounds	and	carrying	no	fuel,	risk	to	persons	and	structures	on	the	ground	is

greatly	reduced.	Finally,	use	of	the	DJI	Phantom	3	Professional	benefits	the	public	because	it

is	better	for	the	environment	through	reduction	in	noise	and	environmental	pollution.

VIII.	Federal	Registry	Summary

My	Creative	Department,	LLC	seeks	an	exemption	from	the	following	sections	of	Title	14	of

the	Code	of	Federal	Regulation:	61.101(e)(4)	and	(5),	61.113(a),	61.315(a),	

91.7(a),91.119(c),	91.121,	91.151(a)(1),	91.405(a),	91.407(a)(1),	91.409(a)(1)	and	(2),	and	

91.417(a) and	(b)	to	commercially	operate	an	unmanned	aircraft	system	for	commercial	

purposes including	but	not	limited	to:	aerial	photography,	aerial	videography,	land	

surveying,	and industrial	inspections.

As	established	by	the	UAS	exemptions	already	granted	by	the	FAA,	allowing	commercial	

operations	of	UASs	for	aerial	photography	and	videography	will	enhance	safety	by	reducing

risk.	Conventional	aerial	photography,	aerial	videography,	aerial	surveying,	and	aerial

inspections	using	manned	aircraft	present	un	avoidable	risks	to	flight	crew	and	persons	and

structures	on	the	ground	because	the	aircraft	is	flying	at	low	altitudes	with	large	amounts	of

fuel.	In	contrast,	a	UAS	weighing	less	than	55	pounds	and	powered	by	batteries	eliminates

virtually	all	of	that	risk	given	the	small	size	and	lack	of	combustible	fuel. Environmental	

risks are	also	eliminated	by	using	an	aircraft	that	does	not	have	emissions.	Therefore,	by	

using	an UAS	for	the	purposes	outlined	by	My	Creative	Department,	LLC,	the	risk	to	persons	

and	structures

will	be	significantly	reduced.

IX.	Conclusion

My	Creative	Department,	LLC	requests	an	exemption	from	the	aforementioned	sections	of	

14 CFR.	The	exemption	is	in	the	public	interest	because	it	will	increase	safety	for	persons	

and structures	and	My	Creative	Department,	LLC	will	provide	an	equivalent	or	greater	level	

of	safety	as provided	for	in	the	applicable	14	CFR	sections.