June	11,	2015	

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

Aviation	Regulations	from:	14	CFR	61.113{a)	&	(b);	91.7	(a);	91.103;	91.119{c);	91.121;	91.151{a);	

91.405{a);	91.407(a)(1);	91.409	(a)(1)	and	{2};	91.417{a)	&	(b).	

Dear	Sir	or	Madam:	

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act,	I,	Jeff	Higginbotham,	operator	of	

an	Unmanned	Aircraft	System	(UAS),	hereby	apply for	an	exemption	from	the	listed	Federal	Aviation	

Regulations	(“FARs”)	to	allow	commercial	operation	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.	

I	would	like	to	formally	submit	for	an	exemption	from	part	21,	subpart	H;	and	Sections	45.23(b),	

91.7(a),	91.9(b)(2),	91.119,	91.121,	91.151(a),	91.203(a)	and	(b),	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).	This	proposed	

exemption	would	allow	the	operation	of	unmanned	aircraft	systems	(UAS)	for	the	purpose	of	aerial	

videography	and	photography	real	estate	purposes	and	events.	

Applicant:

Jeff	Higginbotham	

Owner /	PIC

Jeff	Higginbotham	Photography

29863	Cuthbert	Road	Malibu	CA	90265

jeff@higg.com	|	www.higg.com

310.403.7927	

Commercial	operation	of	an	UAS,	as	described	herein,	which	are	equipped	with	camera	and	sensors,	

would	operate	in	the	following	manner:	

• Aerial	photography	and/or	video	for	public	and/or	private	use	for	real	estate	and	other	related	

professional	activities.

As	described	fully	below,	the	requested	exemption	would	permit	the	operation	of	a	UAS	under	

controlled	conditions	in	the	NAS	that	would	be	a)	limited,	b)	controlled,	c)	predetermined,	and	d)	will	

provide	safety	enhancements	to	the	already	safe	operations	in	the	industry	presently	using	

conventional	aircraft.	Approval	of	this	exemption	would	thereby	enhance	safety	and	fulfill	the	

Secretary	of	Transportation	responsibilities	to	“....establish	requirements	for	the	safe	operation	of	

such	aircraft	systems	in	the	national	airspace	system.”	

As	found	in	Exemption	No.	11138	(Trudeau),	the	FAA	recently	approved	similar	use	of	a

PHANTOM	2	UAS.	We	will	operate	a	UAS,	the	DJI	Phantom	3	Professional,	Model	W323,	which	is	

comprised	of	an	unmanned	aircraft	(UA	or	Phantom),	an	attached	4K	camera	and	a	transportable	

ground	station.	The	PHANTOM	3	is	a	quad-copter	with	a	gross	weight	of	2.8	pounds.	It	is	equipped	

with	four	rotors	that	are	driven	by	electric	motors	powered	by	batteries.	The	UA	has	a	maximum	

airspeed	of	16	m/s.	It	will	be	operated	over	various	metropolitan	areas,	primarily	around	Malibu,	CA,	

to	augment	real	estate	listing	photography	and	videos,	and	related	business	operations.	

UAS	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:	

• Operate	UAS	below	300	feet	and	within	a	radius	distance	of	1000	feet	from	the	controller	to	

aid	in	direct	line	of	sight	visual	observation;	

• Obtain	permission	from	the	owner/controller	of	any	vessels,	vehicles	and	structures	when	

operations	may	be	conducted	closer	than	500	feet	to	any	such	vessels,	vehicles	or	structures;	
we	will	conduct	a	safety	assessment	of	the	risk	of	operating	closer	to	those	objects	and	

determine	that	it	does	not	present	an	undue	hazard;	

• Operate	the	UAS	for	5-10	minutes	per	flight;	

• Land	UAS	prior	to	the	manufacturer’s	recommended	minimum	level	of	battery	power;	

• Operate	UAS	during	daylight	hours	only	within	visual	line	of	sight	(VLOS);	

• Use	the	UAS’	global	positioning	system	(GPS)	flight	safety	feature	whereby	it	hovers	and	

then	slowly	lands	if	communication	with	the	remote	control	pilot	is	lost;	

• Conduct	all	operations	under	the	flight	safety	protocols	(including	posting	a	warning	sign	

reading:	“Attention	Aerial	Photography	in	Progress	–	Remain	Back	150	feet”)	contained	in	

the	operating	documents	and	will	actively	analyze	flight	data	and	other	sources	of	

information	to	constantly	update	and	enhance	safety	protocols;	

• 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;	

• Always	obtain	all	necessary	permissions	prior	to	operation;	have	procedures	in	place	to	

abort	flights	in	the	event	of	safety	breaches	or	potential	danger;	

• Only	operate	in	safe	environments	that	are	strictly	controlled,	are	away	from	power	lines,	

elevated	lights,	airports	and	densely	populated	areas	(defined	by	areas	depicted	in	“yellow”	

on	VFR	charts	and	through	obtaining	information	regarding	congested	areas	from	the	local	

Flight	Standards	District	Office	(FSDO);	

• Conduct	extensive	preflight	inspections	and	protocols,	during	which	safety	carries	primary	

importance	(reference	PHANTOM	Flying	Flow	Chart	and	User	Manual).	

Regarding	UAS	operational	training,	we	have	flown	numerous	practice	flights	in	remote	

areas	as	hobbyists	simulating	flights	for	future	commercial	use	to	gain	familiarization	with	

the	characteristics	of	the	UAS’	performance	under	different	temperature	and	weather	

conditions.	

Specific	Exemptions	Requested	

Given	the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	UA,	we	feel	an	

exemption	from	14	CFR	part	21,	Subpart	H	(Airworthiness	Certificates)	and	§

91.203(a)	and	(b)	(Certifications	required),	subject	to	certain	conditions	and	limitations,

is	warranted	and	meets	the	requirements	for	an	equivalent	level	of	safety	under	14	CFR	part	11	and	

Section	333	of	P.L.	112-95	(Section	333).	

We	request	Relief	from	Section	61.113(a)	and	(b)	entitled	Private	pilot	privileges	and	limitations:	Pilot	

in	command,	is	requested	to	the	extent	necessary	to	allow	a	PIC	holding	a	private	pilot	or	higher	level	

certificate,	as	well	as	a	current	and	valid	airman	medical	certificate,	and	who	has	met	certain	flighthour	and	currency	requirements,	to	conduct	the	proposed	UAS	flight	operations	for	compensation	or	

hire.	This	relief	is	requested	since	the	limitations	set	forth	in	Section	61.113(a)	and	(b)	state	that	a	

private	pilot	may,	for	compensation	or	hire,	act	as	PIC	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.	

As	set	forth	more	fully	below,	that	an	equivalent	level	of	safety	will	be	maintained	because	no	PIC	will	

be	allowed	to	operate	the	DJI	Phantom	3	UAS	unless	that	PIC	has	met	certain	flight-hour	and	

currency	requirements,	demonstrating	that	the	PIC	is	able	to	safely	operate	either	the	DJI	Phantom	3	

UAS	in	a	manner	consistent	with	the	operations	specifications	as	described	in	this	exemption,	

including	evasive	and	emergency	maneuvers,	as	well	as	maintaining	appropriate	distances	from	

people,	vessels,	vehicles	and	structures.

Further,		that	all	flights	of	the	DJI	Phantom	3	UAS,	conducted	by	the	PIC	pursuant	to	the	grant	of	this	

Petition:	(1)	will	be	incidental	to	Jeff	Higginbotham	Photography	business;	and	(2)	will	not	carry	

passengers	or	property	for	compensation	or	hire.

We	request	an	exemption	from	§	45.23	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.	Regardless	of	this,	we	can	mark	the	UAS	in	the	largest	possible	lettering	by	placing	the	

word	“Experimental”	on	its	fuselage	as	required	by	§	45.29(f)	so	that	anyone	will	see	the	markings.	

We	request	an	exemption	from	§	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.	

We	request	an	exemption	from		91.405(a),	91.407(a)(1),	91.409(a)(2)	and	91.417(a)	and	(b)	

Maintenance	inspections	since	they	only	apply	to	aircraft	with	an	airworthiness	certificate.	However,	

as	a	safety	precaution	we	will	perform	a	preflight	inspection	of	the	UAS	before	each	flight	as	outlined	

in	the	attached	operating	documents.	

We	request	an	exemption	from	91.9(b)(2)	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.	

We	request	an	exemption	from		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	300	feet	above	ground	level	(AGL)	and	will	also	only	operate	in	

safe	areas	away	from	the	public	and	traffic,	thus	“providing	a	level	of	safety	at	least	equivalent	to	or	

below	those	in	relation	to	minimum	safe	altitudes.”	Given	the	size,	weight,	maneuverability,	and	

speed	of	the	UAS,	an	equivalent	or	higher	level	of	safety	will	be	achieved.	

We	request	an	exemption	from	91.121	Altimeter	settings	as	it	is	inapplicable	since	the	UAS	utilizes	

electronic	GPS	with	a	barometric	sensor.	

We	request	an	exemption	from	91.151(a)	Fuel	requirements	for	flight	in	VFR	conditions.

The	UAV	is	100%	electric	and	two	low	battery	alerts	are	issued	-	per	the	operating	documents,	the	

UAV	will	be	landed	at	the	first	alert.	Also,	our	flights	will	last	only	5-10	minutes	each,	and	the	UAS	has	

an	automated	function,	which	results	in	immediate	landing	when	a	low	battery	is	detected.	The	PIC	

will	not	begin	a	flight	unless	(considering	wind	and	forecast	weather	conditions)	there	is	enough	

power	to	fly	to	the	first	point	of	intended	landing	and,	assuming	normal	cruising	speed,	land	the	UA	

with	30%	battery	power	remaining.	

Public	Interest	

Aerial	photography	and	videography	for	real	estate	and	events	are	proven	strategies	to	enhance	

marketing	efforts	and	increase	business	success.	The	industry	is	not	new.	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.	

Further,	the	small	UAS	will	pose	no	threat	to	the	public	given	its	small	size	and	lack	of	combustible	

fuel	when	compared	to	larger	manned	aircraft.	Additionally,	the	operation	of	our	UAS	will	minimize	

harm	to	the	environment	economic	growth	by	providing	information	to	companies	and	the	public	

looking	to	relocate	or	build	in	the	metro	areas	we	service.	Public	and	private	events	serviced	by	our	

business	enhance	vibrancy	and	add	culture	to	the	community	and	its	citizens.	

Summary	

We	will	comply	with	all	of	the	following	conditions	and	limitations	should	this	exemption	be	

provided:

1)	Operations	will	be	limited	to	the	following	aircraft	described	in	the	operating	documents,	which	is	

a	quad-rotor	aircraft	weighing	2.8	pounds:	Phantom	3	Unmanned	Aircraft	System.

2)	The	UA	will	not	be	flown	at	an	indicated	airspeed	exceeding	50	knots.

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

(AGL),	All	altitudes	reported	to	ATC	must	be	in	feet	AGL.

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

(PIC)	at	all	times.

5)	All	operations	will	utilize	a	visual	observer	(VO).	The	UA	will	be	operated	within	the	visual	line	of	

sight	(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.	The	PIC	will	ensure	that	the	VO	can	perform	the	functions	prescribed	in	the	
operating	documents.

6)	The	operating	documents	will	be	accessible	during	UAS	operations	and	made	available	to	the	

Administrator	upon	request.	Any	revisions	to	the	operating	documents	will	be	presented	to	the	

Administrator	upon	request.

7)	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.

8)	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	an	entry	in	the	aircraft	records.

9)	The	pre-flight	inspection	section	in	the	operating	documents	will	account	for	all	discrepancies,

i.e.	inoperable	components,	items,	or	equipment,	not	already	covered	in	the	relevant	sections	of	the	

operating	documents.

10)	We	will	follow	the	UAS	manufacturer’s	aircraft/component,	maintenance,	overhaul,	replacement,	

inspection,	and	life	limit	requirements.	

11)	We	will	carry	out	maintenance,	inspections,	and	record	keeping	requirements,	in	accordance	

with	the	operating	documents.	Maintenance,	inspection,	and	alterations	will	be	noted	in	the	aircraft	

records,	including	total	flight	hours,	description	of	work	accomplished,	and	the	signature	of	the	

authorized	person	returning	the	UAS	to	service.

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

13)	An	authorized	person	will	make	an	entry	in	the	aircraft	record	of	the	corrective	action	taken	

against	discrepancies	discovered	between	inspections.

14)	Prior	to	operations	conducted	for	the	purpose	of	aerial	videography/photography	and	for	real	

estate	listing	videos	and	similar	operations,	the	PIC	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.

15)	Prior	to	operations	conducted	for	the	purpose	of	aerial	videography/photography	and	for	real	

estate	listing	videos	similar	operations,	the	PIC	will	have	accumulated	and	logged,	in	a	manner	

consistent	with	14	CFR	61.51(b),	a	minimum	of	5	hours	as	UAS	pilot	operating	the	make	and	model	

of	the	UAS	to	be	used	in	operations.	The	PIC	will	accomplish	3	take-offs	and	landings	in	the	preceding	

90	days.

16)	The	PIC	will	not	operate	the	UAS	for	the	purpose	of	aerial	videography/photography	and	for	real	

estate	listing	videos	and	public	and	private	events	and	similar	operations,	unless	the	PIC	has	

demonstrated	and	logged	in	a	manner	consistent	with	14	CFR	61.51(b),	the	ability	to	safely	operate	

the	UAS	in	a	manner	consistent	with	the	operating	documents,	including	evasive	and	emergency	

maneuvers	and	maintaining	appropriate	distances	from	people,	vessels,	vehicles	and	structures.

17)	UAS	operations	will	not	be	conducted	during	night,	as	defined	in	14	CFR	1.1.	All	operations	will	

be	conducted	under	visual	meteorological	conditions	(VMC).

18)	The	UA	will	not	operate	within	5	nautical	miles	of	an	airport	reference	point	as	denoted	on	a	

current	FAA-published	aeronautical	chart.

19)	The	UA	will	not	be	operated	less	than	500	feet	below	or	less	than	2,000	feet	horizontally	from	a	

cloud	or	when	visibility	is	less	than	3	statute	miles	from	the	PIC.

20)	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	operating	

documents.

21)	The	PIC	will	abort	a	flight	in	the	event	of	unpredicted	obstacles	or	emergencies	in	accordance	

with	the	operating	documents.

22)	The	PIC	will	not	begin	a	flight	unless	(considering	wind	and	forecast	weather	conditions)	there	is	

enough	power	to	fly	at	normal	cruising	speed	to	the	intended	landing	point	and	land	the	UA	with	

30%	battery	power	remaining.

23)	We	will	obtain	an	Air	Traffic	Organization	(ATO)	issued	Certificate	of	Waiver	or	Authorization	

(COA)	prior	to	conducting	any	operations,	and	also	request	a	Notice	to	Air-man	(NOTAM)	not	more	
than	72	hours	in	advance,	but	not	less	than	48	hours	prior	to	the	operation.

24)	Before	conducting	operations,	the	radio	frequency	spectrum	used	for	operation	and	control	of	

the	UA	will	comply	with	the	Federal	Communications	Commission	(FCC)	or	other	appropriate	

government	oversight	agency	requirements.

25)	The	documents	required	under	14	CFR	91.9	and	91.203	will	be	available	to	the	PIC	at	the	Ground	

Control	Station	of	the	UAS	any	time	the	UAS	is	operating.	These	documents	will	be	made	available	to	

the	Administrator	or	any	law	enforcement	official	upon	request.	

26)	The	UA	will	remain	clear	and	yield	the	right	of	way	to	all	manned	aviation	operations	and	

activities	at	all	times.

27)	The	UAS	will	not	be	operated	by	the	PIC	from	any	moving	device	or	vehicle.

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

29)	Flight	operations	will	be	conducted	at	least	500	feet	from	all	nonparticipating	persons,	vessels,	

vehicles,	and	structures	unless:	

a.	Barriers	or	structures	are	present	that	sufficiently	protect	nonparticipating	persons	from	the	UA	

and/or	debris	in	the	event	of	an	accident.	We	will	ensure	that	nonparticipating	persons	remain	under	

such	protection.	If	a	situation	arises	where	nonparticipating	persons	leave	such	protection	and	are	

within	500	feet	of	the	UA,	flight	operations	must	cease	immediately	and/or;	

b.	The	aircraft	is	operated	near	vessels,	vehicles	or	structures	where	the	owner/controller	of	such	

vessels,	vehicles	or	structures	has	granted	permission	and	the	PIC	has	made	a	safety	assessment	of	

the	risk	of	operating	closer	to	those	objects	and	determined	that	it	does	not	present	an	undue	hazard,	

and;	

c.	Operations	nearer	to	the	PIC,	VO,	operator	trainees	or	essential	persons	do	not	 present	an	undue	

hazard	to	those	persons	per	91.119(a).

30)	All	operations	will	be	conducted	over	private	or	controlled-access	property	with	permission	

from	the	land	owner/controller	or	authorized	representative.	Permission	from	land	

owner/controller	or	authorized	representative	will	be	obtained	for	each	flight	to	be	conducted.

31)	Any	incident,	accident,	or	flight	operation	that	transgresses	the	lateral	or	vertical	boundaries	of	

the	operational	area	as	defined	by	the	applicable	COA	will	be	reported	to	the	FAA's	UAS	Integration	

Office	(AFS-80)	within	24	hours.	Accidents	will	be	reported	to	the	National	Transportation	Safety	

Board	(NTSB)	per	instructions	contained	on	the	NTSB	Web	site:	www.ntsb.gov.	

If	you	have	questions	or	need	additional	information,	please	contact	me	at	jeff@higg.com

310.403.7927

Thank	you,	

Jeff	Higginbotham

29863 Cuthbert Road Malibu CA 90265