Submitted by:

Mark A. Foster

3623 W Kipling Rd

Boise, Idaho 83705

(208) 220-4905

mark@panoractives.com

Scope:

Enhance and augment real estate listing photography and videos by using the Phantom 3 Professional 

Unmanned Aircraft System to conduct aerial photography and videography of real property. 

UAV Phantom 3 Professional:

The DJI Phantom 3 is a quad-rotor Unmanned Aircraft System (UAS) The DJI Phantom 3 Professional has:

 A maximum gross weight of approximately 2 pounds 11 ounces

 A length of 16 inches width of 16 inches 

 Height of 8 inches

 Maximum speed of approximately 29 knots.

 Equipped with four main rotors; driven by Lithium Polymer battery powered electric motors

 Return Home Feature (Built in Safety)

The DJI Phantom 3 that will be operated by Mark A. Foster will be registered in accordance with 49 

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in 

accordance with 14 C.F.R. Part 45, Identification and Registration Markings.

The Phantom 3 UAS that Mark A. Foster will be responsible for also utilizes a mobile ground station. The 

UAS features a safety Return to Home function that in the event of a signal loss, the UAS will return to a 

preset position and land. The Return to Home feature can also be triggered manually. The remote 

connects to your phone or tablet, and a 1080p HD view of everything your camera sees as you fly is 

displayed live.

This immersive view streams to you in absolute clarity, enabling safe flying. From takeoff to landing, the 

Phantom 3 responds to commands while automatically handling the most complex aspects of safe, 

stable flight.

Request:

Mark Foster seeks an exemption to operate DJI systems for compensation or hire within the US. The DJI 

Phantom 3 quad-rotors are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA). These UAS’s use 

a Ground Control Station (GCS), displayed on an electronic tablet or smartphone. 

An exemption from 91.7(a), 91.119, 91.121, 91.151(a), 91.405(a),91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) as was granted to Ralph J. Apel in 

Exemption No. 11410

Petition:

I request an exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and 

(b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417
(a) and (b)

The Extent Of Relief that Mark A. Foster seeks:

1. Extent of Relief that Mark Foster seeks regarding Section 61.113 (a) and (b)

Private Pilot Privileges and Limitations Relief from Section 61.113 (a) and (b) is requested to allow a Pilot 

in Command holding a current Private Pilots Certificate to operate the Mark A. Foster’s Phantom 3. The 

flight would be complimented by a Visual Observer who, along with the pilot, will maintain Visual Line of 

Sight with the Phantom 3 at all times. All operations conducted will be incidental to Mark Foster’s 

business. The Phantom 3 is not able to carry passengers.

2. Extent of Relief that Mark A. Foster seeks in regards to Section 91.7(a) Civil Aircraft Airworthiness

Relief from Section 91.7(a) is requested to allow Mark A. Foster to determine airworthiness of the 

Phantom 3. As part of this determination the following will be adhered to:

a. Prior to the Phantom 3's flight the PIC will inspect the UA to ensure it is in a condition that will be 

conducive for a safe flight. The ground control station will be included in the above inspection.

b. Mark A. Foster will follow the DJI Phantom 3’s aircraft/component, maintenance, overhaul, 

replacement, inspection and life limit requirements.

c. Mark A. Foster will comply with all DJI manufacturer Safety Bulletins.

3. Extent of Relief that Mark A. Foster seeks in regards to Section 91.119 Minimum Safe Altitudes 

General relief from 91.119 is requested to allow Mark A. Foster to operate the Phantom 3 at altitudes 

not to exceed 400’ AGL over private property at a distance at or greater than 5NM from the nearest

airport as depicted on current Aeronautical Charts. Mark A. Foster also wishes to

be granted exemption to operate at an altitude not greater than 50’ AGL (below tree level) between 

1NM and 5NM from the nearest airport as depicted on current Aeronautical Charts.

Mark A. Foster will adhere to the following in order to maintain an acceptable level of safety associated 

with operations over private property:

(a) Mark A. Foster will display signs in the immediate vicinity of operations stating: “Aerial Photography

In Progress. Use Caution.”

(b) Mark A. Foster will not allow the Phantom 3 to operate at a speed greater than

10kts.

(c) Mark A. Foster will require the UAS operator (PIC) to be fully trained on the Phantom 3 by adhering 

to the recommendations contained within the Phantom 3’s operating manual.

(d) Mark A. Foster will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a 

minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. In addition the operator will have logged a minimum of 5 hours as a UAS 

pilot operating the make and model UAS that Flying Mark A. Foster operates.

(e) Mark A. Foster will be familiar with and able to manually institute the Phantom 3’s Return to Home 

(RTH) feature. This feature aborts a flight operation and automatically returns the UAS to a 

predetermined GPS safe point.

(f) Mark A. Foster will not operate over private property without first finding a suitable alternate landing 

spot on the property. (g) Mark A. Foster will abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

(h) Mark A. Foster will utilize a two man flight team consisting of the Pilot in Command (PIC) and a Visual 

Observer (VO). This team will maintain visual line of sight with the Phantom 3 at all times and remain 

within hearing of one another.
(i) Mark A. Foster will not permit flight around vessels, vehicles and structures without permission from 

the owner.

4. Extent of Relief that Mark A. Foster seeks in regards to Section 91.121 Altimeter Settings

Relief from 91.121 is requested because the Phantom 3 utilizes electronic GPS with a barometric sensor.

In order to maintain an equal level of safety that 91.121 requires, the PIC of the Mark A. Foster UAS will 

abort the flight in the events that the UA loses communications with the GPS signal.

5. Extent of Relief that Mark A. Foster seeks in regards to Section 91.151(b) Fuel Requirements for Flight 

in VFR Conditions Relief from 91.151(b) is requested to the extent that allows Mark A. Foster to operate 

the Phantom 3 up to a point (considering wind and forecast weather conditions) that there is enough 

power to fly at normal cruising speed to the intended landing point and land the UA with 30% battery 

power remaining.

6. Extent of Relief that Mark A. Foster seeks in regards to Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), 

and (a)(2), 91.417(a) and (b) These are all associated a with Airworthiness certificate

Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is requested to the extent that 

allows Mark A. Foster to operate the Phantom 3 Quad-Copter as necessary. These sections are all 

related to airworthiness certificates of aircraft. There is not currently an airworthiness certificate for

small UAS’s. Mark A. Foster would comply in full to any conditions and limitations that the Administrator 

would place in order to receive an approved Grant of Exemption.

Public Interest:

Aerial videography for real estate marketing has been around for a long time through manned fixed

wing aircraft and helicopters, but for small business owners, it's expense has been cost-prohibitive. 

Granting this exemption to me would allow me to provide this service at a much lower cost. My UAS

will pose no threat to the public given its small size and lack of combustible fuel when compared to 

manned aircraft. The operation of my UAS will minimize ecological damage and promote economic 

growth by providing information to companies looking to relocate or build in the Boise, Idaho area.

Conclusion:

As set forth herein, Mark A. Foster seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Phantom 3 UAS commercially within the Real Estate markets. 

The Administrator will be assisting small business by granting this petition. In accordance with the FAA 

Modernization and Reform Act of 2012, Mark A. Foster respectfully requests that the FAA Administrator 

grants this petition for exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS

61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a);

91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

Thank you in advanced for your consideration, 

Mark A. Foster

mark@panoractives.com

208-220-4905