1

February	25,	2016

PETITIONER/APPLICANT:	

Robert Moll,	Owner

dba	BMNYPHOTO	

209	Tamar	Drive

Niskayuna,	New	York,	12309

518-321-8513

Email:	blmoll@aol.com

Attn:	

Federal	Aviation	Administration (FAA)

U.S.	Department	of	Transportation	(DOT)

Docket	Operations,	M-30

1200	New	Jersey	Avenue,	SE

Room	W12-140,	West	Building	Ground	Floor

Washington,	DC	20590-0001

Re:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act,	and	14	C.F.R.	

Part	11,	Robert	W	Moll,	owner	and	operator	of	an	Unmanned	Aircraft	System	(UAS),	

hereby	applies,	on	behalf	of	Robert	Moll	dba	BMNYPHOTO,	for	an	exemption	from	

the	listed	Federal	Aviation Regulations to	allow	commercial	operation,	in	airspace	

regulated	by	the	FAA,	of its	UAS,	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.

Robert	Moll	dba	BMNYPHOTO requests	exemption	from	the	following	

regulations:

14	C.F.R. Part	21,	subpart H :14	C.F.R. 61.113	(a)	(b) :14	C.F.R.		45.23(b)	

:14	C.F.R.	91.7(a)	:14	C.F.R. 91.9(b)(2) :14	C.F.R.		91.119 :14	C.F.R.		91.121

:14	C.F.R.		91.151(a) (b) :14	C.F.R. 91.203(a) (b) :14 C.F.R.		91.405(a)

:14	C.F.R.		91.407(a)(1) :14	C.F.R.		91.409(a)(1)(2) :14	C.F.R.		91.417(a) (b)

of	Title	14,	Code of	Federal	Regulations	(14	CFR). Respectfully	submitted
2

TABLE OF CONTENTS

Page 

Glossary of Abbreviations 2

Summary of Exemption 2

Introduction and Interests of the Petitioner 2-3

Purpose and Use of Unmanned Aircraft System 3

UAS Background, Built in Safety Feature, Description 3-4

UAS Safety Operating Parameters 4

UAS Operations & Training 4

Specific Exemptions Requested 5-6

Public Benefit 6

Summary 6-7

Privacy 7

Additional and Supporting Documents Follow

Glossary	of	Abbreviations

AGL Above	Ground	Level

ATC Air	Traffic	Control

FAA Federal	Aviation	Administration

GPS Global	Positioning	Satellite

MAO Model	Aircraft	Operator	

NAS National	Air	Space

PIC Pilot	in	Command

RTH Return	to	Home

SOP Standard	Operating	Procedure

UA Unmanned	Aircraft

UAS Unmanned	Aircraft	System

VO Visual	Observer

VLOS Visual	Line	of	Sight

Summary of	Exemption

I	seek	exemption	from	the	requirements	of	14	C.F.R	§§	61.113(a)	&	(b),	91.7(a),	

91.121,	91.151(b),	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	

(b),	to	operate	an	Unmanned	Aircraft	System	pursuant	to	Section	333	of	the	FAA	

Modernization	and Reform	Act	of	2012	(FMRA).	This	exemption	will	permit	me	to	

operate	an	Unmanned	Aircraft System	(UAS)	for	the	commercial purpose	of	

conducting	aerial	video	and	photography	for	wedding videography,	real	estate	

photography,	special	private	&	public	events,	privately	owned	real	estate,	and

landscape	over	certain	areas	of	the	United	States.

Introduction	and	Interest	of	Petitioner

Robert Moll has been a Photographer and Real Estate Agent for the past 5 years in the 

Capital Region area and prior to that in NJ. Before moving to this area Robert was a NJ 

Volunteer Firefighter for 26 years and performed many duties involving safety of the 
3

public. He was also a Fire Photographer. Robert has supplied his clients with 

Photographs and Video of numerous subjects, including but not limited to, homes, 

landscapes, and training exercises. Robert would also like to assist the public in the

future with the use of the drone, because of his physical ailments he can no longer be a 

Firefighter, but was hoping the drone would allow him to assist in search & rescue, or 

something of that nature.

Purpose	and	Use	of	Unmanned	Aircraft	System	(UAS)

This	proposed	exemption	would	allow	for	the operation	of	UAS	for	the	purpose	of	

aerial videography	and	photography

·	Nature	and	Landscape

·	Commercial	and	Residential	Real	Estate	

·	Construction	site	updates	and	surveys	

·	Outdoor	Adventure	Activities-Boating,	Bicycling,	Skiing

·	Marketing/Advertising	for	Events,	and	Businesses Public	&	Private

As	described	below,	the	requested	exemption	would	allow	for the	operation	of a	

UAS	under	controlled	conditions	in	the	NAS	that	would	be directly	controlled,	

limited,		approved,	and	will	be	completed	with	safety	features	provided	by	the	

aircraft	manufacturer,	as	well	as,	the	petitioner	(PIC)	explained	below.		Approval	of	

this	exemption	request	would	enhance	safety	and	achieve	the	Secretary	of	

Transportations	responsibilities	to	“establish	requirements	for	the	safe	operation	of	

such	aircraft	systems	in	the	National	Airspace	System.”

It	will	be	operated	over	various	metropolitan	areas,	primarily	within	the	Capital	

Region	area	of	NY.

UAS Background, Built in Safety Feature, Description

The petitioner will be operating the following UAS’s, which are being submitted for 

exemption

DJI	Phantom	3	Professional	Quad-rotor	aircraft:		&	

DJI	Phantom	3	Advanced	Quad-rotor	aircraft:	

The	DJI	Company has	started	its	operations	in	2006.		Producing	flying	cameras,	

platforms,	controllers,	accessories,	ground	stations.		DJI	has	built	in	numerous	failsafe	controls	into	the	Phantom	product.	(explained below)

Safety	fail-safe	features	equipped	to	ensure	safe	operation;	

·	Preprogrammed	no-fly	zones	in	and	around	airports	automatic	warning	on	

DJI	Go	App;	with	use	of	this	and	FAA	B4U	Fly	App	for	safe	flying

·	GPS	hovering	capability	

·	Vision	Positioning	System	with	ultrasonic	sensors	(Position	holding	without	

GPS)

·	Auto	Return-To-Home	(RTH) location	of	take	off	or	Home	Point	in	the	event	

of	in-flight	emergency	

·	Auto	RTH and	auto	land	in	the	event	of	loss	of	signal	or	low	battery	alert

·	Automatic	flight	logs	of	flight	route,	distance,	times.
4

The	DJI Phantom	3	Professional		&	Advanced	weighs	approximately	1280g	(2.28lbs.)		

Max	accent	and	decent	rates	are	5	and	3	meters	per	second	respectfully.	Maximum	

speed	is	16	meters	per	second	(.010	mph).	The	UAS	utilizes	U.S.	and	Russian	

GLONASS	positioning	satellites.	The	Phantom	3	Professional	&	Advanced is	battery	

operated	with	a	run	time	of	approximately	20	minutes.		I	have	already	completed	

my	FAA	UAS	Registry	and	my	Identification	is	FA3MXEAE9C	and	is	already	affixed	to	

the	UAS,	for	MAO	purposes.

UAS	Safety	Operating	Parameters

We	will	abide	by	the	following	additional	operating	conditions	under	this

exemption,	which	ensures	a	level	of	safety	at	least	equal	to	existing	rules:

•The	UAS	weight	is	under	10	pounds

•	Operate	UAS	below	400	feet	and	within	a	radius	distance	of	less	than	1000	feet

from	the	controller	to	aid	in	VLOS

•	Will	yield	to	other	aircraft	manned	or	unmanned

•	operate	the	UAS	for	15-20	minutes	per	flight

•	Operate	during	daylight	hours

•	Operate	UAS	when	weather	permits

•	0perated	only	with	permission	from	ATC	when	needed	this	will	include	contact	

respective	airports	if	operations	will	be	within	5	miles	to	advise

them	of	his	estimated	flight	time,	flight	duration,	elevation	of	flight	and

other	pertinent	information	requested

•	Safety	assessment	will	be	conducted	to	insure	that	the	operation	does	not	cause	a	

undue	hazard

•	use	the	UAS’	GPS flight	safety	feature whereby	it	hovers	and	then	slowly	lands	if	

communication	with	the	remote	control	is	lost

•	only	operate	in	safe	environments	that	are	strictly	controlled,	are	away

from	power	lines,	elevated	lights,	airports	and	densely	populated	areas

•	conduct	extensive	preflight	inspections,	during	which	safety

carries	primary	importance

UAS	Operations	&	Training

• I have	flown	numerous	practice flights	in	remote	areas	as	MAO simulating	flights	

for	future commercial	use	to	gain	familiarization	with	the	characteristics	of	the

UAS’	performance

• Flown	under	different	weather	conditions	and	temperatures	to	gain	

understanding	of	the	UAS’	flight	controls, and	limitations

• I	have	flown	my	UA	numerous	hours	in	my	local	area	as	a	MAO.		I	have	contacted	

my	4	local	airports	(heliports)	ATC	numerous	times	to	get	clearance	to	fly.		I	

have	discussed	with	one	of	my	local	airports	to	setup	a	SOP	for	flight.

• I	believe	safety	is	the	key	to	allowing	me	to	fly.		I	have	complied	with	all	

conditions	and	limitations	for	MAO.

• 		I	will	also	monitor	for	any	changing	conditions	&	limitations	in	the	future.
5

Specific	Exemptions	Requested

• In	consideration	of	the	speed,	weight,	size,	and	limited	operating	area	associated

						with	the	unmanned	aircraft	and	its	operation,	Robert	Moll	operation	of	DJI

					 Phantom	3	Professional	/or	Advanced	UASs	meets	the	conditions	of	FMRA												

					 Section	333	and therefore,	will	not	require	an	airworthiness	certificate	in						

					 accordance	with	14	C.F.R. Part	21	,	Subpart	H.

• Considering	the	UAs	will	not	require	an	airworthiness	certificate	and	

considering	the	speed,	weight,	size,	and	limited	operating	area	associated	with	

the	UAS	and	its	operation,	Robert	Moll	requests	exemption	from	14	C.F.R.	61	

(a)(b)	obtaining	a	airline	transport,	commercial,	private,	recreational,	or	sport	

pilot	certificate.	By	following	the	safety	guidelines	set	forth	by	the	manufacture	

and	the	additional	requirements	of	an	approved	exemption	Robert	Moll	will	

maintain	a	safe	environment.

• I request	an	exemption	from	14	CFR	91.405(a),	91.407(a)(1),	91.409(a)(1)	(2),	

and	91.417(a)	&(b)	These	sections	set	forth	requirements	for	maintenance	that	

only	apply	to	aircraft	with	an	airworthiness	certificate.	Robert	Moll	submits	that	

the	requested	relief	is	proper	since	an	equivalent	level	of	safety	will	be	ensured.	

Robert	Moll	will	use	experienced	personnel	or	technicians	to	perform	

maintenance,	alterations, or	preventive	maintenance	on	the	UAS	using	the	

methods,	techniques,	and	practices	prescribed	in	the	manufacturer	operating	

documents.		Also,	as	a	safety	precaution	we	will	perform	a	preflight	inspection	

and	post	flight	inspection	of	the	UAS	as	outlined	in the	attached	documents.

• I request	an	exemption	from	14	CFR	45.23(b) Marking	of	the	aircraft	because	the	

UA will	not	have	a	cabin,	cockpit	or	pilot	station	on	which	to	mark	certain	words	

or phrases.	Further,	the	two-inch	lettering	is	difficult	to	place	on	such	a	small	

aircraft with	dimensions	smaller	than	the	minimal	lettering	requirement.	

• I request	an	exemption	from	14	CFR 91.7(a)	which	prohibits	the	operation	of	an

aircraft	without	an	airworthiness	certificate,	since	there	is	currently	no	

certificate applicable	to	our	operation,	this	regulation	is	inapplicable.

• I request	an	exemption	from	14	CFR	91.9(b)(2)	 &		14 CFR 91.203 (a)(b) which	

requires	an	aircraft	flight manual	in	the	aircraft,	however	since	there	are	no	

pilots	or	passengers	on	board the	aircraft	and	given	its	size,	this	regulation	is	

inapplicable.	We	believe	an equivalent	level	of	safety	will	be	achieved	by	

maintaining	a	safety/flight	manual with	the	UAS	ground	station.

• I request	an	exemption	from	14	CFR	91.119	which	prescribes	safe	altitudes	for	

the operation	of	civil	aircraft,	but	it	allows	helicopters	to	be	operated	at	lower

altitudes	in	certain	conditions.	We	will	not	operate	our	UAS	above	the	altitude	of

400	feet	above	ground	level	and	will	also	only	operate	in	safe	areas	away from	

the	public	and	traffic.

• I request	an	exemption	from	14	CFR	91.121	Altimeter	settings	as	it	is	

inapplicable since	the	UAS	utilizes	electronic	GPS	with	a	barometric	sensor. We	

will	monitor	our	flight	plan	via	the	electronic	communications	between	UA	&	

Ground	Controller.	
6

• I request	an	exemption	from	14	CFR	91.151(a)	Fuel	requirements	for	flight.	The	

UAS is	100%	electric	and	operate	on	batteries.		The	battery	levels	will	be	

monitored	by	the	PIC,	and	alerts	are	automatically	issued	when	low	battery	

levels	occur.			If	the battery	level	becomes	critical,	the	UAS	has	a	Fail-Safe	RTH	

function.

Public	Benefit

The Public will benefit from decreased congestion of the NAS. UAS’ are battery powered 

and serves as a safe, efficient, and economical alternative to the manned aircraft 

traditionally utilized to obtain aerial imagery. By reducing the number of manned aircraft 

needed to perform aerial acquisitions. Reducing manned aircraft would also reduce noise 

and air pollution. Reducing manned aircraft will also allow the ATC to handle less 

aircraft especially concerning departures and arrivals, and also lessen traffic at airports.

Further,	the	UAS	will	pose	limited	threat	to	the	public	given	its	small	size	and	lack	of	

combustible	fuel	when	compared	to	larger	manned	aircraft.		The	operation	of	UAS’	

will	also	minimize	harm	to	the	environment.		

Aerial	photography	and	videography	for	real	estate	and	events,	and	marketing	are	

proven strategies	to	enhance	marketing	efforts	and	increase	business	success.	

However,	until	recently	it	was	conducted	through	the	use	of costly	manned	aircraft,	

a	prohibitive	business	activity	for	small	companies. By granting	this	exemption	I	

would	be	able	to	provide	affordable	services. Granting	the	requested	exemption	will	

also	benefit	the	public	interest	as	a	whole	because	it	will	significantly	improving	

safety	and	reducing	risk	by	alleviating	human	exposure	to	danger;	improving	the	

quality	of	services	Robert	Moll can	provide	to	his customers;	and	decreasing	the	

risks	of	unmanned	aircraft	interfering	with	manned	aircraft because	of	Licensing	

and	Education.

Summary

I have	flown	my	Phantom	3	numerous	hours	in	my	local	area	as	a	Model	Aircraft	

Operator (MAO).		I	have	contacted	my	4	local	airports (heliports) ATC numerous	

times	to	get	clearance	to	fly.		I	have	discussed	with	one	of	my	local	airports	to	setup

a	SOP	for	flight.		I	believe	safety	is	the	key	to	allowing	me	to	fly.		I	have	complied	

with	all	conditions	and	limitations	for	MAO.		I	will	also	monitor	for	any	changing	

conditions	&	limitations	in	the	future.

I	will	comply	with	all	of	the	following	conditions	and	limitations	should	this

exemption	be	provided:

1)	Operations	will	be	limited	to	the	prior aircraft	described,	which	is	a	quad-rotor	

aircraft	weighing	2.28	pounds:	Phantom	3 Professional	&	Advanced	Unmanned	

Aircraft	System.

2)	The	UAS will	not	be	flown	at	an	indicated	airspeed	not	exceeding	.010	mph.

3)	The	UAS will	be	operated	at	an	altitude	of	no	more	than	400	feet	above	ground

level	(AGL).

4)	The	UAS will	be	operated	within	visual	line	of	sight	(VLOS)	of	the	Pilot	In

Command	(PIC)	at	all	times.
7

5)	If	the	PIC	utilizes	a	visual	observer	(VO). The	UAS will	be	operated within	the	

VLOS	of	the	VO	at	all	times.	The	VO	and	PIC will	be	able	to	communicate	verbally	at	

all	times.	The	PIC	will	be	designated before	the	flight	and	will	not	transfer	his	or	her	

designation	for	the	duration	of	the flight.	

6)	Prior	to	each	flight,	the	PIC	will	inspect	the	UAS	to	ensure	it	is	in	a	condition for	

safe	flight.	If	the	inspection	reveals	a	condition	that	affects	the	safe	operation of	the	

UAS,	the	UAS	will	not	be	operated	until	the	necessary	maintenance	has been	

performed	and	the	UAS	is	found	to	be	in	a	condition	for	safe	flight.	The Ground	

Control	Station	will	be	included	in	the	preflight	inspection.	All maintenance	and	

alterations	will	be	properly	documented	in	the	aircraft	records.

7)	Any	UAS	maintenance	or	alterations	that	affect	the	UAS	operation	or	flight

characteristics,	e.g.	replacement	of	a	flight	critical	component,	will	undergo	a

functional	test	flight.	The	PIC	who	conducts	the	functional	test	flight	will	make a	

entry	in	the	aircraft	records.

8)	The	pre-flight	checklist (attached)	will	include	notes	on	any	repair	condition	

prior	to	takeoff.

9)	I will	follow	the	UAS	manufacturer’s	aircraft/component,	maintenance, overhaul,	

replacement,	inspection,	and	life	limit	requirements.

10)	I will	carry	out	maintenance,	inspections,	and	record	keeping	requirements,

prior	and	after	each	flight.	 Maintenance,	inspection,	and alterations	will	be	noted	in	

the	aircraft	records,	including	total	flight	hours, description	of	work	accomplished.		

11)	Each	UAS	operated	will	comply	with	all	manufacturer	Safety	Bulletins.

12)	If	a	UA	loses	communications	or	loses	its	GPS	signal,	it	will	return	to	a

predetermined	location	within	the	planned	operating	area	and	land	or	be recovered	

in	accordance	with	the	aircraft	manufacturer manual.

13)	The	PIC	will	abort	a	flight	in	the	event	of	unpredicted	obstacles	or emergencies.

14)	The	PIC	will	not	begin	a	flight	unless	(considering	wind	and	forecast	weather

conditions)	an	if	there	is	enough	power	to	fly	at	normal	cruising	speed	to	the	

intended landing	point	and	land	the	UA	with	20%	battery	power	remaining.

15)	The	UAS will	remain	clear	and	yield	the	right	of	way	to	all	manned	aviation

operations	and	activities	at	all	times.

16)	The	UA	will	not	be	operated	over	congested	or	densely	populated	areas.

Privacy

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012; size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security are providing more than 

adequate justification for the grant of the requested exemptions allowing commercial 

operation of applicant's UAS in the aerial photography & videography industry. 
8

Respectfully	submitted,	

Robert	W	Moll,	Owner	

BMNYPHOTO

209	Tamar	Drive

Niskayuna,	NY		12309

518-321-8513

blmoll@aol.com

If	you	have	any	questions,	concerns,	or	need	any	further	information,	please	feel	free	

to	contact	me	anytime	with	the	above	provided	information.

Attached:

Pre	Flight	Checklist

Post	Flight	Checklist

Available	Online,	Not	Printed	because	of	large	size,	but	will	be	readily	available	upon	

request	if	needed,	and	will	be	available	as	part	of	the	PIC	operations	paperworkavailable	with	the	Ground	Control	Station	paperwork.

Phantom	3	Professional	User	Manual

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_M

anual__V1.6.zip

Phantom	3	Professional	 Quick	Start	Guide

https://dl.djicdn.com/downloads/phantom_3/en/Phantom%203%20Professi

onal%20Quick%20Start%20Guide%20V1.2.zip

Phantom	3	Safety	Guidelines	and	Disclaimer

http://dl.djicdn.com/downloads/phantom_3/en/Phantom%203%20Safety%

20Guidelines%20and%20Disclaimer.zip

Phantom	3	Advanced User	Manual

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Man

ual__V1.6.zip

Phantom	3	Professional		Quick	Start	Guide

https://dl.djicdn.com/downloads/phantom_3/en/Phantom%203%20Advanced%2

0Quick%20Start%20Guide%20V1.2.zip

Phantom	3	Safety	Guidelines	and	Disclaimer

http://dl.djicdn.com/downloads/phantom_3/en/Phantom%203%20Safety%20Gui

delines%20and%20Disclaimer.zip
9

Pre	Flight	Checklist

Date: Flight	Time	Started:

Before	Preflight	– Hookup	Laptop		to	Helicopter	&	Remote	– check	for	updates,	

calibrate	sticks	in	RD	Assistance	&	Phantom	Assistance

o Contract	Air	Traffic	Controller	if	needed

o Check	switches	on	remote	to	make	sure	all	in	right	position

o GPS	course	lock	on	home	position

o Always	turn	on	radio	FIRST

o Check	Weather	Report

o Check	Weather	Conditions

o Check	Batteries	Ipad-Controller-Quad-copter

o Check	Motors	– hand	rotate	check	for	grit,	sticking

o Visual	Body	Inspection	– Cracking	on	Body

o Visual	Inspection	Lights

o Visual	Inspection	Props	– nicks	– cracking	by	hub

o Visual	Inspection	Gimbals	

o Visual	Inspection	Gimbal	Drop	Down	Pins

o Visual	Inspection	Nothing	Loose

o Visual	Inspection	– Check	Flight	Area	– make	sure	away	from	large	metal

o Firmware	Updates	Done

o Turn	off	Blue	Tooth	&	WiFI	on	Ipad

o Set	quad-copter	distance	settings	under	settings	menu

o Calibrate

o Make	sure	iphone	is	far	away	to	not	cause	interference

o Launch	Drone	allow	to	hoover	for	1	min	to	check	GPS	&	Sensors

o After	flight	check
10

Post Flight	Check

Flight	Time	Ending:	

Batteries

Post	Flight	Checklist

o Turn	off	Radio	LAST

o Check	Engine-motors	- Heat

o Visual	Body	Inspection	– Cracking	on	Body

o Visual	Inspection	Props	– nicks	– cracking	by	hub

o Visual	Inspection	Gimbals	

o Visual	Inspection	Gimbal	Drop	Down	Pins

o Visual	Inspection	Nothing	Loose