Victoria Aerial Photography - SECTION 333 EXEMPTION REQUEST Page 1 of 3

August 27, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

Submitted Electronically via the Federal Docket Management System (FDMS) 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Sir or Madam:

On Behalf of Victoria Aerial Photography, and Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 and 14 C.F.R. Part 11, I Sara Woolson, President am seeking an exemption from Part 

21 Subpart H; and Sections 91.203 (a) (1), 45.23 (b), 91.7 (a), 91.9, 61.113, 61.133, 91.109, 91.119, 

91.121, 91.151, and (91.401 - 91.417) Subpart E, of Title 14, Code of Federal Regulations (14 CFR). This 

proposed exemption would allow for the operation of our unmanned aircraft (UA) the DJI Phantom 3, 

and Inspire 1

THE UNMANNED AIRCRAFT (UA):

 The UA’s are lightweight (under 55lb. gross weight), battery operated multi Rotor copters that 

take off and land vertically and have the ability to hover in one location during flight. 

THE UA INCLUDES:

 An on-board flight computer with GPS navigation and location ability that receives signals for 

flight controls from a ground-based transmitter/controller;

 An on-board camera capable of capturing imagery in the form of full color, high definition still 

photos and video

 An on-board telemetry system that delivers flight data from the on-board flight computer to the 

on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight and direction back to its launch site

 On-board radio transmitter that transmits live video from the on-board camera plus all the flight 

data from the telemetry system described above

THE GROUND STATION PART OF THE SYSTEM:

 A Pilot in Command (PIC) In operational control of a mission from beginning to end, and who 

controls the UA while in the air

 A radio transmitter/controller operated by the PIC to control the UA while in flight 

 Ground Station (computer, tablet for smart phone based app) which receives and displays video 

and system telemetry real time from the UA

 A Visual Observer (VO), a person who provides a second pair of eyes to visually track the UA 

while in flight.
Victoria Aerial Photography - SECTION 333 EXEMPTION REQUEST Page 2 of 3

PILOT IN COMMAND (PIC) AND VISUAL OBSERVER:

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel 

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a 

course of maintenance instruction as part of their initial training.

I submit that the combination of the UA’s light weight, flight performance and ability, fully qualified 

flight crew and strict operation under the guidelines established in 8900.227, and under all of the 

Restrictions listed above, the FAA can have full confidence that the operation will have an equivalent or 

greater level of safety than manned aircraft performing the same mission.

INTENDED USE:

The requested exemption would allow us to use the UA for aerial image acquisition to support various 

mapping and surveying applications as well as video documentation for the public good. Typical 

applications would include, but are not limited to: 

 Inspection Services

 Aerial Photography

 Real Estate Photography

 Videography

 Aerial Mapping

 Volumetric Surveys

 Agricultural Inspection

PUBLIC INTEREST:

The inherent ability of the UA to capture imagery from a low altitude including oblique photos and video 

from several angles is far more effective than ground-based imagery for displaying the characteristics of 

buildings, sites and properties or areas where consistent monitoring is needed. In addition the ability to 

provide these services at a much lower cost than chartering a fixed wing aircraft or helicopters make this 

service much more affordable to my client base. The reduced cost and higher quality data from the UA 

is beneficial to the public in many applications including: real estate photography, accident or crime 

scene investigation, search and rescue, terrain mapping to delineate flood prone areas, and the 

preservation of historic buildings or archeological sites where access is limited due to the sensitive 

nature of the site 

PUBLIC SAFETY:

UA’s, are powered by batteries, they are smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel; they operate at lower altitudes (under 400’) with no people on board 

thereby reducing current risk levels and enhancing public safety. With a small payload and maximum 

flight time of approximately 22 minutes, UA’s offer little or no risk to national security. 

Our DJI model UA’s have their own built in flight restrictions in special areas such as airports, which limit 

flight in these areas. More information can be found in the UA’s User Manual or on DJI’s website at 

https://www.dji.com/fly-safe. 
Victoria Aerial Photography - SECTION 333 EXEMPTION REQUEST Page 3 of 3

SUMMARY GRANT REQUEST:

This request follows many others using similar systems and process that have been granted previously. I 

am requesting the FAA issue a summary grant of exemption, as this request would not set a precedent.

 The reasons stated by the FAA for granting Exemption Nos. 11624, 12026, 12366 and 12369 also 

apply to this request

 A grant of exemption would be in the public interest. For the reasons listed above under the 

heading PUBLIC INTEREST

THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED 

Beside each regulation number is the page of the attached Addendum upon which each may be found 

together with a proposed equivalent level of safety for each regulation:

- 14 CFR Part 21 Subpart H Addendum Page 1

- 14 CFR 91.203 (a) (1) Addendum Page 1

- 14 CFR 45.23 (b) Addendum Page 1

- 14 CFR 91.7 (a) Addendum Page 2

- 14 CFR 91.9 Addendum Page 2

- 14 CFR 61.113, 61.133 Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121 Addendum Page 3

- 14 CFR 91.151 Addendum Page 3

- 14 CFR Subpart E (91.401 - 91.417) Addendum Page 4

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) Addendum Page 4

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. Please contact us at any time if you require additional information or clarification. I am the 

primary point of contact for this request and look forward to working with your office.

Sincerely,

Sara Woolson, President 

Victoria Aerial Photography

102 Milton Street

Victoria, Texas 77901

Phone: 361-571-4349

Email: rwwoolson@aol.com

Addendum Containing Exemption Requests and Equivalent Level of Safety

Appendix A – Flight Operations/Procedures

Appendix B – User’s Manuals
Victoria Aerial Photography - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 1 of 4

ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

I, Sara Woolson, President of Victoria Aerial Photography, request an exemption from the following 

regulations as well as any additional regulations that may technically apply to the operations of the 

DJI Phantom 3 and Inspire 1

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR 91.203( a) (1). 

Given the size and limited operating area associated with the UA to be utilized by the Petitioner, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 

11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the 

FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular UA. In all cases, an analysis of these criteria demonstrates that the UA 

operated without an airworthiness certificate, in the restricted environment and under the conditions 

proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions proposed. The UA to 

be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a limited flight area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the Operator and will also remain within the requirements of, and in 

compliance with, local public safety requirements. These safety enhancements, which already apply to 

civil aircraft provide a greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national security 

posed by the UA due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. 45.23 (b). Marking of the Aircraft

The regulation requires; When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to 

the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the UA will have no airworthiness certificate, an exemption may be needed as the UA will 

have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. 

Given the size of the UA, 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 
Victoria Aerial Photography - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 2 of 4

the UA marked on its fuselage as required by 45.29 (f) where the pilot, observer and others working 

with the UA will see the identification of the UA as "Experimental." 

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 

and 10167 A.

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained herein for the use of safety check lists prior to each flight, an equivalent level of 

safety will be provided.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation; the documentation would 

not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, 

approved UA Flight Operations/Procedures (Appendix A) must be available to the crew at the ground

station anytime the aircraft is in, or preparing for, flight. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot

privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot

in command of an aircraft in connection with any business or employment if: (1) The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for compensation or hire. 

Our proposed operations require that the PIC must either

1. Hold a Private or Sport Pilot Certificate issued by the FAA, and have logged 10 hours of flight 

experience in this type of UA, or

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in 

which the PIC is required to complete "FAA private pilot ground instruction" and pass "the

FAA Private Pilot written examination." Since there are currently no means available for the 

pilot of a UA to gain the experience in an equivalent category and class in order to apply for a 

private pilot's license, we propose to generate an equivalent level of safety by requiring our 
Victoria Aerial Photography - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 3 of 4

pilots to complete, at a minimum, FAA private pilot ground instruction and pass the FAA

Private Pilot written examination in addition to completing the private pilot requirements. 

Since the aircraft cannot carry passengers or property, we feel that we meet the intent of 

61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls."

The UA’s ground-based control station consists of a small hand-held radio transmitter and while it does 

not offer a second set of "controls", both the student and instructor can, and will, operate the single set

of controls simultaneously. With both student and instructor having "hands-on" the controls during

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum 

of 400 feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety The UA’s will not be operated over congested areas or

over any open air assembly of persons without prior approval. Any property owner affected will be 

briefed on the expected route of flight and the associated risks to persons and property on the ground.

The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface. Therefore we maintain that due to the 

small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned

aircraft, which should be considered in granting the exemption.

14 CFR 91.121 Altimeter Settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff 

point is transmitted via radio from the UA’S on-board computer to the display screen held by the PIC,

providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 

30 minutes.

The intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. 

Each UA is battery operated and the maximum duration of flight from a single battery charge is 18

minutes with a 20% reserve. Since the aircraft will never fly more than 3/4NM from the point of 
Victoria Aerial Photography - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 4 of 4

intended landing, a full battery charge at launch will ensure that we meet the reserve energy

requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent

interpretation with the word "energy".

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized under

43.7" after maintenance and inspection.

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC 

will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct 

detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to 

repairing small cracks, replacing a propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be performed by the manufacturer or

their designated repair facility. The PIC will document work performed in accordance with 91.417. We

feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent 

level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate 

issued under part 67 in order to perform as a pilot or observer.

The UA’s maximum gross weight are each less than 8lbs., are constructed primarily of, plastic and 

carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the

unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, 

the UA will return autonomously to the site of launching and land without crew intervention. Therefore, 

requiring the PIC and VO to meet the same medical requirements as commercial pilot carrying 

passengers in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC

and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a much larger 

vehicle. 
Victoria Aerial Photography – APPENDIX A – FLIGHT OPERATIONS AND PROCEDURES

APPENDIX A – FLIGHT OPERATIONS/PROCEDURES

The UA’s will be operated under the following flight restrictions.

OPERATIONAL FLIGHT RESTRICTIONS

The UA will be operated in the field with both a PIC and a VO in accordance with and with the following 

Restrictions:

 All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of 

no more than 25 knots and no further than 3/4 NM from the PIC;

 All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate 

by voice at all times during a flight operation;

 The PIC must have accumulated and logged, in a manner consistent with 14 CFR §

 61.51 (b), 10 hours of total time as a UA rotorcraft pilot and at least 5 hours logged as a UA pilot 

with a similar UA type;

 The UA will not be operated over densely populated areas; without prior approval

 The UA will not be operated over any open-air assembly of people; without prior approval

 The UA will not be operated within 5 NM of an airport or heliport; without prior approval

 Operations will be restricted to day only and weather conditions equivalent to VFR

 The PIC will brief the VO and property owner about the operation and risk before operation

 No flight will be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight

PRE-FLIGHT CHECKLIST

Prior to operation preflight checklists provided by the manufacturer of the UA’s will be followed. Below 

is such an example. 

1. Remote Controller, smart battery, Range Extender and smartphone are fully charged.

2. Propellers are mounted correctly.

3. Damping absorbers are in good condition, not broken or worn.

4. Camera lens cap has been removed.

5. Micro-SD card has been inserted if necessary.

6. Gimbal is functioning as normal.

7. Motors can start and are functioning as normal.

8. Sensor connection is established.
Victoria Aerial Photography – APPENDIX A – FLIGHT OPERATIONS AND PROCEDURES

TAKE OFF/LANDING PROCEDURES 

Manufacturer recommended Takeoff and Landing procedures will be followed.

Place the UA on ground with the battery level indicator facing you.

1. Power on the remote controller.

2. Power on the range extender.

3. Power on or connect sensor.

4. Power on the aircraft by turning on the battery

5. Connect the mobile device (Ground Station) to the UA.

6. Wait until the LED flight indicator lights indicate good GPS connectivity and Ready to Fly.

7. Push the throttle stick up slowly to lift the aircraft off the ground. 

8. When landing, hovering over a level surface, pull down on the throttle stick gently to 

descend and land.

9. After landing the aircraft on the ground, keep the throttle stick down while the motors 

come to a complete stop.

FAILSAFE FUNCTION

The UA will enter Failsafe mode when the connection from the remote controller is lost. The flight 

control system will automatically control the aircraft to return to home and land to reduce injuries or

damage. The following situations would make the aircraft fail to receive a signal from the remote 

controller and enter Failsafe mode:

1. The remote controller is powered off.

2. The aircraft has flown out of the effective communication range of the remote controller.

3. There is an obstacle obstructing the signal between the remote controller and the aircraft, 

essentially reducing the distance the signal can travel.

4. There is interference causing a signal problem with the remote controller.
Victoria Aerial Photography – APPENDIX B – User’s Manuals

APPENDIX B – USER’S MANUALS DJI Phantom 3, and Inspire 1

Users Manuals for each of these systems can be downloaded here. 

Victoria Aerial Photography, keeps a copy with each UA. 

Phantom 3 User Manual

DJI Inspire 1 User Manual

Upon request these will be provided