Creative Edge, Inc. 

Jason Wray, CEO 

1202 Greenway 

Jackson, MO 63755 

jwray@creativeedge. tv 

January 22, 2016 

United States Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Petition for Section 333 Exemption 

To Whom It May Concern: 

Pursuant to Section 333 of the Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 

II, Creative Edge, Inc., a Missouri corporation ("Petitioner") hereby respectfully petitions the Federal 

Aviation Administration (the "Administration") for exemption from the federal regulations identified 

herein so that Petitioner may operate a small unmanned aircraft system ("UAS") for civil (nongovernmental) purposes other than for recreation or hobby. 

The Administration's authority to issue exemptions from current regulations under Section 333 provides 

the Administration with an opportunity to authorize certain UAS operations in the national airspace system 

("NAS"). Section 333 of the Reform Act grants the Secretary ofTransportation authority to determine (I) 

if an unmanned aircraft system, as a result of its size, weight, speed, operational capability proximity to 

airports and populated areas, and operation within visual line of sight ("VLOS") does not create a hazard 

to users of the NAS or the public or pose a threat to national security, and (2) whether a certificate of waiver, 

certificate of authorization, or airworthiness certification under 49 U.S.C. is required for the operation of 

the civil (non-governmental) UAS. Therefore, if the Secretary of Transportation 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." 1 

Petitioner requests an exemption because it desires to use a UAS in its current business, and without an 

exemption, the existing regulations will considerably burden Petitioner. The requested exemption, along 

with any conditions required by the Secretary, would permit Petitioner to legally and safely operate its 

proposed UAS under limited, predetermined, and controlled conditions in airspace. Approval of this 

exemption would therefore enhance safety and fulfill the requirements for the safe operation of such aircraft 

in the NAS. Moreover, Petitioner believes an exemption would greatly benefit the public, as will be 

described further herein. 

Introduction 

Petitioner is a marketing and advertising company that provides imaging, video production, and digital 

content management services for use in its clients' commercial, personal, and non-profit multimedia 

1 It is Petitioner's reading of Section 333 that the Secretary may, within in its decision to grant an exemption, establish 

additional conditions or requirements for safe operation of a UAS within the NAS if it should be determined that the 

conditions set forth in a petition for exemption do not fulfill safety requirements. 
projects. Petitioner has over one year of experience in small UAS operation. Petitioner's staff is comprised 

of professional videographers with experience in all aspects of videography and photography. Petitioner 

desires to use the proposed UAS identified herein to provide high quality aerial photography and 

videography for its clients in a wide variety of industries, including government entities, chambers of 

commerce, real estate brokers and agents, real estate developers, technology startups, and construction 

compames. 

Description of VAS 

Petitioner requests exemption in connection with its operation of the following UAS: 

DJI Phantom 3 Professional (Model #P78DCF2403 1 293) 2 

The Phantom 3 Professional is a vertical takeoff and landing quadcopter manufactured by DJI, a leader in 

quadcopter technology. DJI has an unparalleled commitment to research and development and a strong 

focus on safety. 

The standard Phantom 3 Professional quadcopter package includes the quadcopter, camera, gimbal, 

propulsion system, flight control system, remote, and video/telemetry transmission system. The remote 

uses a 2.4 GHz frequency to prevent interference with the 5.8 GHz video/telemetry channel. This second 

channel allows for a constant connection with the Phantom to monitor it via the display monitor that is 

attached to the remote. 

The Phantom 3 Professional weighs 1280 grams (2.82 lbs), and is 16.2 inches long, 16.6 inches wide, and 

I 0.5 inches in height. Its maximum speed is approximately 31 knots. It is equipped with a flight control 

system that is easy to use. Pilots can control the Phantom's movements in many directions. The flight 

control system also provides Intelligent Orientation Control, failsafe battery level warnings, and it shows 

the aircraft's current heading, direction, and approximate distance from home on the on-screen radar. A 

built-in GPS system aids in stabilizing the aircraft and automatically and safely returns it back to its home 

point in case communication between the remote and quadcopter is lost. 

The Phantom has a built-in inertial sensor and a barometric altimeter that measures both attitude and 

altitude. The inertial measurement tells the Phantom how it is tilted in the air. And the gyros tell the 

Phantom if it is rotating in any particular direction. The Phantom's compass reads geomagnetic information 

and assists the GPS to accurately calculate the position and height of the aircraft. The vertical hover 

accuracy is+/- 0.5 meters and the horizontal hover accuracy is+/- 1.5 meters. 

The Phantom has LED flight indicators beneath each of its four rotor arms. The LEDs illuminate to indicate 

the status of the flight control system and alert the pilot of any possible issues. 

Petitioner's Proposed Operation of the VAS 

Petitioner will use the proposed UAS only within the United States. No use of the UAS will be made 

without the United States. 

In an effort to join the Administration in its mission to provide the safest, most efficient NAS in the world 

and to assist the Administration in its safety assessment of Petitioner's proposed UAS operations, the 

following is a summary of operational limitations and conditions that will ensure Petitioner operates the 

2 http://www. d j i .com/product/phantom-3 -pro/info#specs 
UAS at an equivalent or higher level of safety as those operations conducted under current regulatory 

guidelines: 

1. For the purposes of ensuring the UAS will be operated within the standards that the 

Administration has allowed in the AMA National Model Aircraft Safety Code: 

a. A UAS will not be flown : 

1. In a careless or reckless manner. 

2. At a location where UAS activities are prohibited. 

b. UAS pilots will: 

1. Yield the right of way to all human-carrying aircraft. 

2. See and avoid all aircraft and a spotter must be used when appropriate. 

3. Not fly higher than 400 feet above ground level ("AGL") or within five (5) 

miles of an airport without notifying the airport operator. 

4. Not interfere with operations and traffic patterns at any airport, heliport or 

seaplane base except where there is a mixed use agreement. 

5. Not exceed a takeoff weight of 55 pounds (including payload). 

6. Not fly near large congregations of people or stadiums. 

7. Maintain VLOS with the aircraft at all times. 

8. Ensure the aircraft is identified by affixing the owner's contact information to 

the outside of the UAS. 

9. Not operate a UAS while under the influence of alcohol or while using any 

drug that could adversely affect the pilot in charge ("PIC") ability to safely 

control the model. 

I 0. Not operate a UAS carrying pyrotechnic devices that explode or burn, or any 

device which propels a projectile or drops any object that creates a hazard to 

persons or property. 

c. A UAS will not be flown unless: 

I. The aircraft, control system and pilot skills have successfully demonstrated all 

maneuvers intended or anticipated prior to the specific event. 

2. An inexperienced pilot is assisted by an experienced pilot. 

d. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or 

structures and shall avoid endangerment of life and property of others. 

e. A successful radio equipment ground-range check in accordance with manufacturer's 

recommendations will be completed before the first flight of a new or repaired model 

aircraft. 

f. A UAS must use the radio-control frequencies currently allowed by the Federal 

Communications Commission. 

g. A UAS will not knowingly operate within three (3) miles of any pre-existing flying 

site without a frequency-management agreement. 

h. Excluding takeoff and landing, no UAS may be flown outdoors closer than 25 feet to 

any individual, except for the PIC and the PIC's helper(s) located at the takeoff site. 

1. Under no circumstances may a pilot or other person touch a UAS in flight while it is 

still under power, except to divert it from striking an individual. 

J. The PIC of the UAS shall: 

1. Maintain control during the entire flight, maintaining visual contact without 

enhancement other than by corrective lenses prescribed for the pilot. 

2. Fly using the assistance of a camera or First-Person View (FPV) only in 

accordance with the procedures outlined in AMA Document #550. 

3. Fly using the assistance of autopilot or stabilization system only in accordance 

with the procedures outlined in AMA Document #560. 
k. The flying area must be clear of all utility wires or poles and an UAS will not be flown 

closer than 50 feet to any above-ground electric utility lines. 

I. The flying area must be clear before the engine is started, except for PIC and the PIC's 

helper(s). 

2. In addition to the above rules outlined by the AMA National Model Aircraft Safety Code and 

in an effort to enhance the safety offered by the already safe operations mentioned above, 

Petitioner also agrees to be bound by the following limitations and conditions: 

a. Flights will be operated within the VLOS of the PIC. 

b. Maximum total flight time for each operational flight will be 25 minutes. Flights will 

be terminated at 25% battery power reserve should that occur prior to the 25 minute 

limit. 

c. The UAS will only operate in tightly controlled and limited airspace. 

d. A briefing will be conducted in regard to the planned UAS operations prior to each 

flight. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing. 

e. The PIC and the PIC's helper(s) will have been trained in operation of UAS and 

received up-to-date information on the particular UAS to be operated. 

f. The pilot and the PIC's helper(s) will at all times be able to communicate by voice. 

g. If the UAS loses communications or loses its GPS signal, the UAS will have capability 

to return to a pre-determined location within the security perimeter and safely land. 

h. The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

t. All flights will be conducted on private property and with the written and/or verbal 

pem1ission of the property owner(s). 

J. Flights will always be conducted in areas that are clear of all people, except for the PIC 

and the PIC's helper(s). 

k. All flights will be conducted outdoors in visual meteorological conditions and never 

during severe weather conditions. 

I. Flights will not occur in weather conditions that prevent the PIC from operating within 

the VLOS at all times or in weather conditions that dramatically affect the UAS's flight 

(e.g. high winds). 

m. If an operation occurs in an area where people could inadvertently enter the area, an 

operational border will be established with traffic cones. If it is not feasible to use 

traffic cones due to interference with the photography/videography, the PIC's helper(s) 

will be responsible for keeping a safe perimeter around the operation. The operation 

will cease immediately and be rescheduled if it is impossible to establish a safe 

perimeter around the operation. 

n. The PIC will be responsible for logging all flights to ensure the preventative 

maintenance plan can be followed, as described below. 

o. The UAS will not be routinely operated in the proximity of any airports. In any cases 

where the UAS must be operated within three (3) miles of an airport, the airport 

operator will be notified before the operation commences. 

The operation of the Phantom conducted under these strict conditions will provide an equivalent level of 

safety supporting the grant of the exemptions requested herein. These lightweight aircraft operate at low 

speeds, close to the ground, and in a tightly controlled environment. As a result, they offer a much safer 

way to capture aerial photography and videography than traditional manned aircraft. 
The PIC will also follow a comprehensive pre-flight checklist to ensure that the UAS is in a condition for 

safe flight. This plan will be improved as needed in order to ensure all known safety precautions and/or 

safety precautions suggested by the manufacturer are being accounted for. 

1. Pre-flight Inspection 

a. Check that the remote control, Phantom battery, and video receiver/monitor are all 

fully charged. 

b. Verify that the Phantom battery is not swollen or damaged in any way. Clean the 

contact needles and pads if necessary. 

c. Turn the motor shafts with your fingers and verify they are smooth without excessive 

play or binding. 

d. Verify that the propellers are mounted correctly. Propellers with a black top should be 

mounted on the mount shafts that have a black dot. Propellers with a silver top should 

be mounted on the mount shafts that have a silver dot. Each propeller should spin all 

the way down onto the motor shaft. 

e. Run finger along the edge of edge blade to check for any rough edges. 

f. Flex both sides of the propellers' blades to check for hairline cracks where the blades 

connect in the center of the propeller. 

g. Verify that the landing gear is secure (not cracked/broken/loose). 

h. Verify that the compass and compass cable is firmly attached to the landing gear. 

1. Verify that the Micro-SO card has been inserted and formatted. 

J. Verify that the damping absorbers are not broken and/or worn. 

k. Verify that the anti-drop pins are in place and locked. 

I. Verify that the camera is powered on and in working condition. 

m. Verify that the camera is secure and clean. Inspect the camera ribbon cables for tears 

and/or signs of wear. 

n. Verify that the video transmitter and receiver are set to the same channels. 

o. Set the PIC's and helper's smartphones to do-not-disturb mode to prevent distractions 

while flying. 

2. Power Up 

a. Verify that transmitter throttle is in idle position, flight mode is in GPS+ attitude 

stabilization mode, and Intelligent Orientation Control (IOC) is disabled. 

b. Power on the equipment in the following sequential order: 

1. Remote Control (LEDs indicate power and transmission; check display indicates 

transmitter battery level above 7.0 V) 

u. Insert and start the Phantom battery. 

m. Power on video camera. 

iv. Power on video receiver. 

c. Watch the Phantom LED startup sequence for abnormal indications. The rear LEDs 

should blink green for at least 10-15 seconds to indicate that it locked onto 6+ satellites 

and has marked the home point (for use by the failsafe feature). 

d. Calibrate the Phantom's compass. 

e. Place the Phantom on an open, flat ground with the battery indicators facing towards 

the PIC at least 10 feet away. 

3. On-Screen-Display Telemetry 

a. Confirm Telemetry Data is being received by video receiver. 

b. Confirm Battery Voltage Level Indicates Full Charge (> 12.1 V). 

c. Verify the number of satellites is 7 or more. 

d. Verify the video reception quality. 
c. Verify video receiver/monitor battery indicates full charge. 

f. Verify altitude reading indicated by telemetry is within 50' of actual ground elevation. 

g. Verify home point location has been accurately marked. 

h. Verify indicated distance to home location is within 25' of actual distance between 

Phantom and home point. 

4. Ready to Fly 

a. Verify that the remote control antenna is perpendicular to the ground (pointing 

skyward). 

b. Verify that the flight area is clear of people, other than the operator and assistant, 

when applicable. 

c. Verify that the rear LEOs are still slowly blinking green and still connected to 7+ 

satellites. 

d. Start the Phantom motors using the CSC command on the remote control. 

e. Verify that the motors are functioning normally, are not making any unusual noises, 

and are all spinning at the same speed. 

f. Verify that the area is still clear of obstructions, people, power lines, etc. 

g. Take off and hover at about 6-8 feet above the takeoff point to verify that the Phantom 

has a solid GPS lock. If any abnonnalities are noticed (drifting, flying in circles, etc.), 

land immediately and repeat the "Pre-flight Inspection" and "Power Up" sequences. 

h. Verify that the Phantom holds a steady position while yawing 360 degrees. 

1. Verify that the Phantom responds appropriately to all controls - yaw left/right, pitch 

forward/backward, roll left/right, and throttle up/down. 

A preventative maintenance plan set forth in the Phantom 3 's owner materials will be followed in order to 

ensure the proposed UAS's software is up to date, the batteries are in good health, and the aircraft itself is 

ready for safe flight. 

Basis for Petition 

In accordance with 14 CFR § 11.81, Petitioner provides the following information in support of its petition 

for exemption: 

A. Name and Mailing Address of Petitioner 

Creative Edge, Inc. 

c/o Jason R. Wray, CEO 

1202 Greenway 

Jackson, MO 63755 

B. Exemptions Sought 

Petitioner requests exemption from the following regulations: 

I. 14 CFR Part 21 , Subpart H - Airv.·orthiness Certificate 

2. 14 CFR § 61.23(a) - Medical Certificate 

3. 14 CFR § 61.113(a) and (b) - Private Pilot Privileges and Limitations 

4. 14 CFR § 91 .109 - Flight Instruction 
5. 14 CFR § 91.121 -Altimeter Settings 

6. 14 CFR § 91.15l(a)(l) - Fuel Requirements 

7. 14 CFR §§ 91.405(a), 91.407(a)(1), 91.409(a)(l) & (2), 91.417(a) & (b) - Maintenance 

C. Extent and Reasoning for Request, No Adverse Effect on Safety 

1. 14 CFR Part 21, Subpart H- Airworthiness Certificate 

Subpart H establishes the procedural requirement for the tssuance of airworthiness 

certificates as required by 14 CFR § 91.203(a)(l). 

The Administration has previously considered the size, weight, speed, and limited 

operating area associated with Petitioner's particular UAS model noted above, and has 

detem1ined that such UAS model meets the conditions of Section 333 . See, inter alia, 

Exemption No. 14452, Docket No. FAA-2015-5211 ; Exemption No. 14453, Docket No. 

FAA-2015-5217. 

Therefore, it is requested that Petitioner be granted a full exemption from the requirement 

of an airworthiness certificate under 14 C. F. R. Part 21 , Subpart H. 

2. 14 CFR § 61.23(a)- Medical Certificate 

This regulation requires pilots of manned aircraft to hold a medical certificate. 

Petitioner believes the risks associated with the operation of the proposed unmanned 

aircraft are significantly less than those associated with operating a manned aircraft. In 

addition, the proposed UAS is of a size, weight, speed, and operational capability which 

makes it much safer than any manned aircraft, and Petitioner's operations will occur in 

tightly controlled and limited airspace that is clear of people. Therefore, Petitioner requests 

a full exemption from the requirement of obtaining and maintaining a medical certificate. 

Petitioner believes this exemption will have no effect on the safety of the operation. In the 

very rare case of a mishap, the UAS being flown will pose a low threat of injury because 

the UAS is a small fraction of the size, weight, and speed of a manned aircraft and will 

carry no flammable fuel, crew, or passengers. 

3. 14 CFR § 61.113(a) and (b)- Private Pilot Privileges and Limitations 

These regulations limit private pilots to non-commercial operations and would otherwise 

require Petitioner to have a commercial pilot license for its UAS operations. 

Petitioner's UAS, of course, will not carry a pilot or passengers. In addition, the UAS's 

size, weight, speed, and operational capabilities are very limited, and Petitioner's 

operations will occur in tightly controlled and limited airspace. Accordingly, Petitioner 

requests a full exemption from the above regulations. 
Petitioner believes its proposed operations can achieve the equivalent level of safety 

without a commercial pilot's license. Furthermore, since there are no uniform 

qualifications or standards for either private or commercial UAS pilots, it is Petitioner's 

belief that experience acquired from actual operation of the UAS will be the most important 

factor in establishing an equivalent level of safety. It cannot be assumed that a commercial 

pilot, approved to operate a manned helicopter or fixed wing aircraft, has the skill or ability 

to safely operate a small UAS operating in a controlled airspace. 

4. 14 CFR § 91.109- Flight Instruction 

This regulation provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls. 

By design, UASs do not have fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the UAS via radio or cellular 

communications. The Administration has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft, and Petitioner requests the same. 

It is Petitioner's belief that an equivalent level of safety is achieved by the fact that neither 

a pilot nor passengers will be carried in the UAS and by the limited size, weight, speed, 

and operation capabilities of the proposed UAS. 

5. 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." 

The proposed UAS does not have a typical barometric altimeter on board. It has both a 

GPS altitude readout and barometric pressure sensor which supplements the GPS altimeter, 

but the GPS and barometric pressure sensor cannot be set manually. 

Petitioner believes that 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 

and by maintaining less than 400 feet AGL relative to the initial altitude indicated on the 

ground. Therefore, Petitioner requests full exemption from this regulation. 

6. 14 CFR § 91.151(a)(l)- Fuel Requirements 

This regulation prohibits an individual from beginning "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 - ( l) 

During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for 

at least 45 minutes." 

The battery powering the proposed UAS provides approximately 25 minutes of powered 

flight. That makes it impossible to meet the 30 minute reserve requirement. 
Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 

20 minutes or 25% of battery power (whichever occurs first). This restriction would be 

more than adequate to return the UAS to its planned landing zone from anywhere in its 

limited operating area. Therefore, Petitioner requests full exemption from this regulation. 

7. 14 CFR §§ 91.405(a), 91.407(a)(l), 91.409(a)(l) & (2), 91.417(a) & (b)- Maintenance 

These regulations 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, 

and that Petitioner's UAS has routinely been approved for Section 333 exemption, 

Petitioner requests full exemption from these regulations as well. Maintenance will be 

accomplished by the operator pursuant to the DJI Phantom 3 user manual and guide. 

An equivalent level of safety will be achieved because these small UASs are very limited 

in size, will carry little to no payload, and will operate only in restricted areas for limited 

periods of time. If mechanical issues arise, the proposed UAS can land immediately and 

will be operating from no higher than 400 feet AGL. 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. 

D. Public Interest 

Petitioner believes this petition will significantly benefit the public interest as a whole. Petitioner has 

many large clients that include local government entities, chambers of commerce, and local and national 

real estate brokerages, technology startups, and construction companies. Petitioner's work in 

photography and cinematography is vital to the marketing efforts of many members of the local and 

national economy. Petitioner will provide imagery and video which is not otherwise able to be captured 

without the use of a UAS. 

As described above, UASs offer an equivalent (or greater) level of safety, a reduction in environmental 

impacts, and are free from harmful emissions associated with the manned aircraft that are currently 

used for aerial photography and videography. Due to the size of the proposed UAS and the tightly 

controlled and limited airspace in which Petitioner will operate it, approval of this application presents 

no risk to the public. Furthermore, the public will be able to legally acquire aerial photography and 

videography for the purposes of, but not limited to, photos and video as an aid when researching and 

listing property for sale, for business or non-profit marketing, or for safely accessing high and/or 

awkward areas of a structure's exterior to assess its status. 

Furthermore, with respect to privacy issues and national security, since the areas being photographed 

or filmed will be accessed only after written or verbal consent by the property owner(s), such areas will 

be clear of all people except for the PIC and PIC's helper(s), and the tightly controlled environment in 

which the UAS will be flown, approval of this petition for exemption presents no privacy or national 

security issues for the public. 

E. Summary for Federal Register 
Creative Edge, Inc., a Missouri corporation, seeks exemption from the requirements of 14 CFR Part 

21, Subpart H, 14 CFR §§ 6l.113(a) and (b), 14 CFR § 91.109, 14 CFR § 91.121, 14 CFR § 91.151, 

14 CFR § 9l.405(a), 91.407(a)(l), 91.409(a)(l) and (a)(2), and 91.417(a) and (b), to operate a small 

unmanned aircraft system ("UAS") pursuant to Section 333 ofthe FAA Modernization and Reform Act 

of 2012. This exemption will permit Creative Edge, Inc. to operate a UAS for the commercial purpose 

of providing aerial photography and videography for its clients' commercial, personal, and non-profit 

multimedia projects. 

Conclusion 

The operation of the proposed UAS conducted in the strict conditions outlined above will provide an 

equivalent or greater level of safety supporting the grant of the exemptions requested herein, including 

allowing commercial operations. These lightweight DJI aircraft operate at slow speeds, close to the ground, 

and in a sterile environment, and as a result, are far safer than existing operations conducted by helicopters 

operating in close proximity to the ground, people, and other buildings in the vicinity. Accordingly, 

Petitioner requests that the Administration grant the requested exemptions without delay. 

Respectfully, 

CREA TJVE EDGE, INC.