Request	for	Section	333	Exemption	Videography	and	

Photography	

03/01/2016

by/for Russell	Hart	of	Orlando Interior	Photography

1.	This	document	constitutes	an	exemption	Request	under	

Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	

for	Aviation	Unmanned	to	perform	Aerial	Photography	&	

Videography	by/for	Russell	Hart. The	main	use	of	this	UAS	

would	be	taking	real	estate	photos	and	videos.	The	UAS	system	

that	I	plan	to	use	is	a	DJI	PHANTOM	3	PROFESSIONAL.	

2.	Preflight	inspection	would	consist	of	checking	battery	

condition/level	in	both	the	transmitter	and	UAS.	The	

binding/link	feature	will	not	let	the	UAS	start	if	communication	

is	not	established.	A	check	for	power-lines,	antennas	and	other	

overhead	objects	would	be	performed.	Wind	conditions	would	

be	monitored	and	be	a	factor	for	flying.	

3.	The	radio	frequency	of	the	DJI	PHANTOM	PROFESSIONAL	3	

is	in	2.400GHz- 2.483GHz	range.	Maximum	take-off	weight	less	

than	1280g.	Max	Ascent	speed	5	m/s,	max	descent	speed	3	

m/s.	Maximum	flight	speed	16	m/s	(ATTI	mode,	no	wind).	

4.	I	am	in	good	medical	health	and	sound	mental	health.	

5.	The	intended	use	of	this	DJI	PHANTOM	3	PROFESSIONAL	is	

to	provide	aerial	images	and	video	to	Vacation	Rental	

companies and	private	owners - an	option	that	had	not	been	

viable	for	these	businesses	until	the	recent	boom	in	drone	

popularity.	

7.	All	photo	flights	for	hire	would	have	the	date,	time,	GPS	

coordinates	along	with	the	camera	metadata	recorded	on	a	

hard	drive.	This	data	would	be	kept	readily	available	for	a	
period	of	1	year	after	each	aerial	flight	for	hire.	

8.	In	use	flight	time	for	UAS	operation	during	real	estate	

projects	would	be	no	more	than	30 minutes.	Each	battery	lasts	

approximately	15	minutes	of	uninterrupted	flight	and	I	own	

two batteries.	

9.	Proximity	of	local	airports:	there	are	two	airports	in	my area	

of	operation.	Orlando	International	airport	and	Kissimmee	

Gateway	Airport.	The	UAS	will	not	be	operated	within	5	miles	

of	either	airport.	Note:	The	latest	firmware	for	the	DJI	

PHANTOM	3	PRO.	Will	not	allow	the	drone	to	operate	within	a	

no	fly	zone	(airports,	etc)	in	compliance	to	FAA	rules	and	

regulations.	

Request	for	an	exemption/relief	from	Title	14,	Code	of	

Federal	Regulations	Part	21 Along	with	Sections: 14	C.F.R.	

45.23	(b)	

14	C.F.R.	61.113	(a)	&	(b) 14	C.F.R.	91.7	(a) 14	C.F.R.	91.9	(b)	

(2) 14	C.F.R	.	91.119	(a)	(b)	&	(c)	14	C.F.R.	91.121	

14	C.F.R.	91.405	(a) 14	C.F.R.	91.407	(a)	(1) 14	C.F.R.	91.409	(a)	

(2) 14	C.F.R.	91.417	(a)	&	(b) The	petitioner	requests	relief	

from	the	following	regulations: Part	21	prescribes,	in	

pertinent	part,	the	procedural	requirements	for	issuing	and	

changing	design	approvals,	production	approvals,	

airworthiness	certificates,	and	airworthiness	approvals.	

Section	45.23	(b)	prescribes,	in	pertinent	part,	that	when	

marks	include	only	the	Roman	capital	letter	“N”	and	the	

registration	number	is	displayed	on	limited,	restricted	or	lightsport	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.	

Reason	for	relief:	The	body	of	the	DJI	Phantom	is	too	small	to	

support	this	size	of	markings. Action:	The	UAS	will	be	marked	

with	the	business	name,	contact	information	and	word	

“Provisional”	made	as	large	as	possible.	In	addition	the	serial	

number	is	listed	with	the	manufacture	and	searchable	on	the	

internet.	

Section	61.113	(a)	&	(b)	prescribes	that—

(a)	no	person	who	holds	a	private	pilot	certificate	may	act	as	a	

pilot	in	command	of	an	aircraft	that	is	carrying	passengers	or	

property	for	compensation	or	hire;	nor	may	that	person,	for	

compensation	or	hire,	act	as	pilot	in	command	of	an	aircraft.

(b)	a	private	pilot	may,	for	compensation	or	hire,	act	as	pilot	in	

command	of	an	aircraft	in	connection	with	any	business	or	

employment	if:	

Reason	for	relief:	(A)	&	(B)	The	flights	are	only	incidental	to	

the	business	of	photography.	This	UAS	is	too	small to	carry	a	

pilot	or	passenger	and	will	not	carry	or	deliver	any	personal	

property	for	hire.	In	addition	obtaining	a	private	pilot	

certificate	would	be	an	unnecessary	requirement	and/or	

hardship	for	the	purpose	of	unmanned	aerial	

photography. Action:	The	only	payload	for	this	exemption	is	a	

fixed	camera.	No	other	payload/payloads	will	be	allowed.	

Section	91.7(a)	prescribes,	in	pertinent	part,	that	no	person	

may	operate	a	civil	aircraft	unless	it	is	in	an	airworthy	

condition. Reason	for	Relief:	Airworthy	condition	is	not	

defined	in	the	Phantom	3	Professional	manual.	
Action:	An	airworthy	preflight	inspection	would	be	checking	

battery	condition/level	in	both	the	transmitter	and	UAS.	The	

binding/link	feature	will	not	let	the	Phantom	Professional	3	

start	up	if	communication	is	not	established.	Check	for	powerlines,	antennas,	and	other	overhead	objects	would	be	

performed.	Wind	conditions	would	be	monitored	and	be	a	

factor	for	flying.	

Section	91.9(b)(2)	prohibits	operation	of	U.S.-registered	civil	

aircraft	unless	there	is	available	in	the	aircraft	a	current	

approved	Airplane	or	Rotorcraft	Flight	Manual,	approved	

manual	material,	markings,	and	placards,	or	any	combination	

thereof.	Reason	for	relief:	The	manufacture	does	not	have	an	

approved	Airplane	or	Rotorcraft	Flight	Manual.	

Action:	There	is	a	“Checklist	before	every	flight”	instruction	

tag	attached	to	the	body	of	the	Phantom	3	Professional	that	

will	be	followed	and	on	page	44	of	the	user	manual.	

Section	91.119	(a)	(b)	&	(c)	prescribes	that,	except	when	

necessary	for	takeoff	or	landing,	no	person	may	operate	an	

aircraft	below	the	following	altitudes: (a)	Anywhere.	An	

altitude	allowing,	if	a	power	unit	fails,	an	emergency	landing	

without	undue	hazard	to	persons	or	property	on	the	surface.	

(b)	Over	congested	areas.	Over	any	congested	area	of	a	city,	

town,	or	settlement,	or	over	any	open	air	assembly	of	persons,	

an	altitude	of	1,000	feet	above	the	highest	obstacle	within	a	

horizontal	radius	of	2,000	feet	of	the	aircraft. (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	relief:	

This	UAS	Phantom	quad	copter	at	most	times	would	be	

operated	at	less	than	the	minimums	prescribed	in	paragraph	
(b)	or	(c)	of	this	section.	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	typical	photo	assignment	would	be	photography	of	real	

estate	structures	and	or	vacant	land	it	would	be	necessary	to	

operate	closer	than	500	feet. Action:	Operations	will	only	be	

flown	over	property	where	permission	has	been	obtained	and	

careful	pre-planned	has	been	performed.	If/when	the	low	

battery	LED	flashes	the	UAS	will	be	landed	in	a	safe	manner.	

Due	to	the	small	size	and	weight	of	the	Phantom	Professional	3,	

the	hazard	to	persons,	vehicles	and	structures	is	minimal	

compared	to	manned	aircraft.	

Section	91.121	requires,	in	pertinent	part,	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.	Reason	for	relief:	The	Phantom	Professional	3	is	

not	equipped	with	an	altimeter	and	can	hover	within	a	10	foot	

radius	in	all	directions.	There	is	no	minimum	cruising	speed	

and	it	will	not	be	launched	from	an	airport. Action:	The	above	

ground	level	height	will	be	less	than	400	feet	programmed	into	

the	firmware	and	never	flown	out	of	visual	eye	contact	or	at	

night.	

Section	91.405	(a)	requires,	in	pertinent	part,	that	an	aircraft	

operator	or	owner	shall	have	that	aircraft	inspected. Reason	

for	relief:	There	is	no	certified	inspection	facility	and	the	

Phantom	3	Professional	will	not	power	on	if	it	fails	the	POST	

(power	on	self	test).	

Action:	In	the	event	that	the	Phantom	Professional	3	needed	

inspection	for	any	major	or	intermittent	problems	it	would	be	

safer	to	replace	the	entire	UAS.	
Section	91.407	(a)	(1)	prohibits,	in	pertinent	part,	any	person	

from	operating	an	aircraft	that	has	undergone	maintenance,	

preventive	maintenance,	rebuilding,	or	alteration	unless	it	has	

been	approved	for	return	to	service	by	a	person	authorized	

under	section	43.7	of	the	same	chapter.	

Reason	for	relief:	Replacement	of	props,	motors,	and	

batteries	should	be	allowed	by	the	operator.	In	addition	

updating	firmware	when	required	should	be	allowed.	Action:	

Parts	will	be	genuine	factory	replacement.	Only	manufacture	

approved	firmware	will	be	uploaded.	

Section	91.409	(a)	(2)	prescribes,	in	pertinent	part,	that	no	

person	may	operate	an	aircraft	unless,	within	the	preceding	12	

calendar	months,	it	has	had	an	inspection	for	the	issuance	of	an	

airworthiness	certificate	in	accordance	with	part	21	of	this	

chapter.	

Reason	for	relief:	There	is	no	certified	inspection	facility	or	

process	for	the	Phantom	Professional	3.	Estimated	flight	times	

for	photo	shoots	would	be	less	than	40	minutes	possibly	2	

times	a	week	which	would	be	approximately	80	minutes	of	

flight	time	per	week. Action:	When	any	flight	or	intermittent	

problem	become	apparent	and	is	not	remedied	by	a	simple	

repair	the	entire	UAS	would	be	replaced	by	the	same	model	or	

as	close	to	the	DJI	Phantom	Professional	3.	

Section	91.417	(a)	&	(b)	prescribes,	in	pertinent	part,	that	a	

registered	owner	or	operator	shall	keep	the	following	records	

for	the	periods	specified	in	paragraph	(b)	of	this	

section: Reason	for	relief: Due	to	the	popularity,	simplicity,	

size	and	limitation	of	the	Phantom	Professional	3	this	could	

become	an	overburden	for	the	owner/operator	and	any	

regulating	agency.	
Action:	All	photo	flights	for	hire	would	have	the	date,	time,	GPS	

coordinates	along	with	the	camera	metadata	recorded	on	a	

hard	drive	and	also	backed	up	to	a	DVD.	This	data	would	be	

kept	readily	available	for	a	period	of	1	year	after	each	aerial	

flight	for	hire.	

Public	Interest:	Granting	my	request	would	be	in	the	public	

interest	by	giving	an	opportunity	for	real	estate photographers	

to	offer	safer	and	more	competitively	priced	aerial	

photography	and	videography	to	the	general	public.	

Adversely	affect	safety:	This	exemption	would	not	adversely	

affect	the	safety	of	the	general	public	due	to	the	size,	weight	

and	keeping	the	UAS	in	visual	sight.	In	comparisons	to	aerial	

photography	from	a	manned	aircraft,	low	altitude	photography	

from	a	UAS	would	be	safer	and	have	less	of	an	environmental	

impact.	

Additional	view/comment:	As	a	competent	photographer	the	

need	to	offer	photography	from	a	UAS	is	something	that	will	

help	my	business	and	clients.	I	am	in	hopes	that	this	exemption	

is	granted	so	that	I	can	assist	in	the	ground	floor	education	and	

lead	by	good	example	for	the	good	of	the people. The	DJI	

PHANTOM	3	PROFESSIONAL	will	not	be	flown	at	night	and	

never	in	the	flight	path	of	manned	aircraft.	The	first	condition	

listed	to	always	keep	visual	eye	contact	on	the	22mm	LED	

flight	indicator	is	probably	the	most	important.	My	main	

objective is	to	offer	aerial	real	estate	

photography/videography	at	a	competitive	rate	for	the	general	

public	in	the	safest	way	possible.	

Respectfully, Russell	Hart

7652	Long	Island	Drive, Kissimmee,	FL34747

Phone:	407	413	8898