January 19th 2016

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DH 20590

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

Aviation Regulations

Dear Sir or Madam; In accordance with the Public Guidance for Petitions for Exemption filed under 

Section 333, I, Arthur Chapman request exemption from the Federal Aviation Regulations to allow for 

commercial operations of a DJI Phantom 2+ and 3, 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:

Arthur Chapman

1100 Concord Drive

Medina, OH 44256

(330)-635-7078

Regulations from which the exemption is requested:

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, Arthur Chapman 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, 

Arthur Chapman 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. 

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, and checking takeoff and landing distances. 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 1000 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)

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 200 feet AGL.

4. UAS operations will not be conducted during night.

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

6. The UAS will land with a minimum 30 percent battery reserve remaining.

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

8. 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.

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

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

Reason for exemption request - 

My real estate / commercial photography business is growing and many of my customers would like 

me to offer both photo and video services for their property sales and commercial rental properties – 

Having the UAS images and video can greatly help them to market their properties and generate 

interest and income in my business. As a small business owner and RC hobbyist my flying skills will 

allow me to make great videos and photos of their products, while operating my UAS with 10 years of 

remote control flight experience under my belt.
Public Interest - 

• Providing this service to realtors and other photography companies will encourage them to hire 

me rather than purchasing their own quad-copters. This will greatly reduce the chance of public 

mishaps because I will be using my expert experience to capture their images rather than an 

inexperienced quad-copter operator.

• 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.

• My company will provide professional grade aerial images and video to our customers – in 

doing so it will help them to generate income when they sell or rent their properties faster 

because of our aerial imagery. 

• Aerial photos give the purchaser an overall idea of the property size and layout, helping them 

make the right decision for them. 

• Providing this service to realtors and other photography companies will encourage them to hire 

me rather than purchasing their own quad-copters. This will greatly reduce the chance of public 

mishaps because I will be using my expert experience to capture their images rather than an 

inexperienced quad-copter operator.

Privacy -

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

images will rarely occur as this is not the focus of my business. 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.

Additional information -

• I am seeking this exemption as an individual – any individuals that might join my company in 

the future will be required to apply for their own exemptions before I allow them to operate a 

quadcopter for my business.

• I live in the country. A vast majority of the real estate that I photograph is of farm land, and not 

in heavily populated areas, though I do have some clients in the city. 

• In 3 years of quad operation and flights I have not had one single incident or accident.

• I use only Phantom products, specifically the Phantom 2 Vision+ - All drones used for my 

business will be registered with the FAA sUAS registration program, but they will all use the 

phantom 2 style chassis. Currently I own one drone, a Phantom 2 Vision+ which is in the 

process of registration via the new FAA sUAS Registration process. 

Thank you for taking the time to consider my request,

Sincerely,

Arthur Chapman