Name and Address of Petitioner:

Keith W Wachter,

American Marine

2161 Jericho tpke

Commack, NY 11725

(631)543-6433

Keith@AmericanMarineNY.com

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation

Regulations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(l) &

(a)(2), 91.409(a)(l), 91.417(a)&(b)

I, Keith W. Wachter, the petitioner, request exemptions in order to legally operate an Unmanned

Aircraft System (UAS), a DJI Phantom 3 Professional, in the National Airspace System. The

DJI Phantom 3 Professional this petitioner seeks exemption to use will be referred to as “UAS’. All 

flights of the UAS will be flown by an FAA licensed pilot, in line of sight during daylight hours, at less 

than 200' above ground level (AGL) and well clear of the flight path of any manned aircraft. During 

operation, the Pilot in Command will always be assisted by a visual “spotter”. In addition, the UAS has

GPS guidance and a "return to home" safety feature installed. The UAS also uses a smartphone to 

enhance controls by showing current AGL and visual location of the UAS to the subject and its

surroundings. The petitioner wishes to be granted the exemption for use of the UAS for commercial

videography and photography of:

1. Residential and Commercial Real Estate, for marketing purposes.

2. Construction (Residential and Commercial), providing a visual review of the construction process to be 

used for marketing of a construction company or documentation to be provided to the owner.

3. Property Survey, providing a visual review of the property to the land owner to be sold, purchased, or 

prior to construction.

4. Property Inspection, providing a visual review of existing conditions to the land owner.

5. Landscaping, providing visual documentation of ‘before and after’ improvement to the land owner.

Should an exemption be granted, the risk to public safety will be greatly reduced by utilizing a small UAS 

in comparison to a manned fixed wing aircraft or rotorcraft. Weighing 2.8 pounds, the DJI Phantom 3 

Professional is incapable of causing the level of damage or injury that could potentially be caused by a 

full-size, manned aircraft carrying a significant quantity of liquid fuel. In addition, the ecologic and noise 

impact is negligible as compared to a traditional manned aircraft. 

Given that real estate is an important part of our local economy, the use of a small UAS aerial filming 

platform is a cost-effective and visually impactful means to promote our available properties, therefore 

becoming an economic driver in the community. 

6. Boat and vessel surveying for the purpose of inspection and advertising photography and Videography.

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation

Regulations:

14 CFR Part 21

Certification Procedures For Products and Parts

REASON FOR EXCEPTION

It has been determined that similar UAS’s do not require an airworthiness certificate as granted

in Exemption No. 11623, 11650, 11664, and 11734.

14 CFR 91.7(a)

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy

condition.
REASON FOR EXCEPTION

It has been determined that similar UAS’s do not require an airworthiness certificate, however

the petitioner will ensure airworthiness through the combined use of the manufacturer's

operations manual and preflight checks.

14 CFR 91.119(c)

Minimum Safe Altitudes:(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 EXCEPTION

The UAS will be flown no higher than 200’ AGL in line of sight over developed and

developing residential areas that may be considered congested areas. That will not always be

the case when providing a ‘Property Survey’ flight because they could be conducted over empty

lots or acreages with no structures. This will minimize the amount of bystanders present or in

the surrounding area. In the case of flying over or near existing private property while providing

photography for ‘Residential and Commercial Marketing’, ‘Construction Process’, ‘Property Inspection’, 

and ‘Property Landscaping’ landowners will be notified in person by the petitioner, or by a card left

behind by the petitioner, of an occurring UAS flight. The petitioner also proposes to

display a caution sign on site while a UAS flight is ongoing. The petitioner will review

with the landowners the associated risks to people and property. Due to the small size of the

UAS the associated risk to persons, vessels, vehicles, and structures is not comparable to manned aircraft.

14 CFR 91.121

Altimeter Settings.

REASON FOR EXCEPTION

The UAS does not have a barometric altimeter. It does have a GPS that will calculate

altitude. The petitioner will limit flights to a maximum altitude of 200 feet AGL as granted in

Exemption No. 11623, 11650, 11664, and 11734.

14 CFR 91.151(a)(l)

Fuel requirements for flight in VFR conditions:(a) No person may begin a flight in an airplane

under VFR conditions unless (considering wind and forecast weather conditions) there is

enough fuel to fly to the first point of intended landing and, assuming normal cruising speed(1)

During the day, to fly after that for at least 30 minutes.

REASON FOR EXCEPTION

The UAS provides low battery warnings to indicate when the Pilot in Command should return the UAS

to the launch point. The UAS will be landed upon the 1st low battery alert. The petitioner will

not initiate a flight unless (considering wind and forecast weather conditions) there is enough

power to fly at normal cruising speed to the intended landing point. All flights will be done during

the day and at an appropriate time as to not be a nuisance to others.

14 CFR 91.405(a)

Maintenance required: Each owner or operator of an aircraft:

(a) 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.

REASON FOR EXCEPTION

The petitioner shall inspect the aircraft prior to every flight. The petitioner plans to follow

manufacturer's recommended preflight checklist. Reference given to the Operations Manual.

14 CFR 91.407(a)(l)

Operation after maintenance, preventive maintenance, rebuilding, or alteration: (a) No person

may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding,

or alteration unless(1)It has been approved for return to service by a person authorized

under 43.7 of this chapter

REASON FOR EXCEPTION
The petitioner who has the responsibility for the operation and safety of the UAS will

follow the manufacturer's suggestions for maintenance and repair. Including the use of

suggested replacement parts.

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

Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had (1) An annual inspection in

accordance with part 43 of this chapter and has been approved for return to service by a person

authorized by 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness

certificate in accordance with part 21 of this chapter. No inspection performed under paragraph

(b) of this section may be substituted for any inspection required by this paragraph unless it is

performed by a person authorized to perform annual inspections and is entered as an "annual"

inspection in the required maintenance records.

REASON FOR EXCEPTION

The petitioner will follow manufacturer’s suggestions to ensure that the UAS is in a

condition for safe flight.

14 CFR 91.417(a) & (b)

Maintenance Records: (a) Except for work performed in accordance with 91.411 and 91.413,

each registered owner or operator shall keep the following records (l)(i)(ii)(iii) (2)(i)(ii)(iii)(iv)(v) 

(vi) for the periods specified in paragraph (b) of this section: (1)(2)(3)

REASON FOR EXCEPTION

The petitioner will keep a record of all repairs and modifications. The petitioner will also use 

manufacturer approved parts for repairs and modifications.

SUMMARY

I, Keith W. Wachter, the petitioner, request for exemption Section 333 of the FAA Reform Act

pertaining to Federal Aviation Regulations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121,

91.151(a)(1), 91.405(a), 91.407(a)(l) & (a)(2), 91.409(a)(l), 91.417(a)&(b) in order to legally

operate an Unmanned Aircraft System, DJI Phantom 3 Professional, in the National Airspace System in 

order to take aerial video and photography for real estate marketing, construction, vessel and marine 

survey and marketing, landscape and inspection purposes.