Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

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, Marshall 

T. Frith, 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 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 UAS for the purpose of aerial data collection.

Applicant:

Marshall T. Frith, 3712 Wayland Street, Jacksonville, FL 32277

Marshall.frith@gmail.com

(571) 431-8514

Commercial operation of a UAS as described herein, which is equipped with a 

camera and sensors, would operate in the following manner:

Conduct aerial photography and/or video for public and/or private use in land 

management, land survey, structural inspection 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.

As found in Exemption No. 13203 (Gambill), the FAA recently approved similar 

use of a PHANTOM 3 series UAS, and PHANTOM 4 series UAS. I will operate a 

UAS, the DJI Phantom 3 series and Phantom 4 which is comprised of an 

unmanned aircraft (UAS or Phantom), an attached camera and a transportable 

ground station. The PHANTOM 3 / PHANTOM 4 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. Additional UAS details can be found in Appendix 

A.

UAS Operating Parameters

I 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 400 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; I 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. Regarding UAS operational training, I 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.

Any PIC operating our UAS will have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), 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. 

The PIC will also have accumulated and logged a minimum of 5 hours as a 

UAS pilot operating the same make and model of UAS to be used for 

operations. In addition to the hour requirements, the PIC will accomplish 3 

take-offs and landings in the preceding 90 days (for currency purposes) prior 

to any flight.

Specific Exemptions Requested

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

UAS, I 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).

I request an exemption from § 45.23 Marking of the aircraft because the UAS

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, I 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.

I 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.

I 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 I will perform 

a preflight inspection of the UAS before each flight as outlined in the attached 

operating documents.
I 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. I 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 § 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. I will not operate our UAS above the altitude of 

400 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.

I request an exemption from § 91.121 Altimeter settings as it is inapplicable 

since the UAS utilizes electronic GPS with a barometric sensor.

I request an exemption from § 91.151(a) Fuel requirements for flight in VFR 

conditions. The UAS is 100% electric and two low battery alerts are issued - per 

the operating documents, the UAS 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 UAS with 30% battery power 

remaining.

Public Interest

Aerial photography and videography 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 I service. Public and private events 

serviced by our business enhance vibrancy and add culture to the community 

and its citizens.
Summary

I 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 / 

Phantom 4 Unmanned Aircraft System.

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

3) The UAS 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 UAS 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 UAS 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) I will follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements.

11) I 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) UAS operations will be conducted by a PIC possessing at least a private 

pilot certificate and at least a current third-class medical certificate. The PIC 

will also meet the flight review requirements specified in 14 CFR 61.56 in an 

aircraft in which the PIC is rated on his or her pilot certificate.

15) Prior to operations conducted for the purpose of aerial 

videography/photography and for real estate listing videos and public and 

private events 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.

16) Prior to operations conducted for the purpose of aerial 

videography/photography and for real estate listing videos and public and 

private events and 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.

17) 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.
18) 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).

19) The UAS will not operate within 5 nautical miles of an airport reference 

point as denoted on a current FAA-published aeronautical chart.

20) The UAS 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.

21) If a UAS 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.

22) The PIC will abort a flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents.

23) 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 UAS with 30% battery power 

remaining.

24) I will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting operations outside approved 

conditions, 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.

25) Before conducting operations, the radio frequency spectrum used for 

operation and control of the UAS will comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.

26) 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.

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

operations and activities at all times.

28) The UAS will not be operated by the PIC from any moving device or vehicle.
29) The UAS will not be operated over congested or densely populated areas.

30) 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 UAS and/or debris in the event of an accident. I 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 UAS, 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).

31) 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.

32) 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 

marshall.frith@gmail.com or (571) 431 8514.

Thank you,

Marshall Frith

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Marshall Frith only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software 

enabling the user to set parameters which will not allow flight into controlled 
airspace. Parameters can also be set to limit flight to no higher than a 

predetermined and set altitude as well as limit flight to a predetermined and 

set distance. In addition, DJI software provides real-time altitude and location 

information to the PIC via the linked monitor (smart phone/tablet devices)

DJI Phantom 3

1. Aircraft

a. Supported Battery – DJI 4480 mAH LiPo Battery

b. Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

c. Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

d. Max Yaw Angular Velocity - 200/s

e. Max Tilt Angel - 35 1.1.1.6 Max Ascent Speed – 6m/s

f. Max Descent Speed – 2m/s

g. Max Flight Speed – 15m/s (NOT RECOMMENDED)

2. Gimbal

a.Working Current – Static: 750mA; Dynamic: 900mA

b. Control Accuracy - ±0.03

c. Controllable Range – Pitch: -90 - 0

d. Maximum Angular Speed – Pitch: 90/s

3. Camera

a.Operating Temperature Range - 32F - 104F (0C - 40C)

b. Sensor Size – 1/2.3”

c. Effective Pixels – 14M

d. Resolution – 4384x3288

e. HD Video Recording – 1080p30 & 720p

f. Recording Field of View - 110/85

DJI Phantom 4

1. Aircraft

a. Weight (including battery) 1380g

b. Max Ascent speed – 6 m/s

c. Max Descent speed – 4 m/s

d. Max Speed – 20 m/s

e. Max Service Ceiling above sea level – 19685 feet (6000m)

f. Max flight time – Approximately 28 mins

g. Operating Temperature range 32F to 104F

h. Satellite systems (GPS/GLONASS) – 32 satellite constellation

i. Accuracy - +- 0.1m Vertical, +- 0.3m Horizontal

2. Obstacle Sensing System

a. Sensory range: 0.7m to 15m
b. Operating Environment: Surface with clear pattern and adequate 

lighting (lux >15)

3. Camera

a. Sensor 1/2.3” Effective pixels (12MP)

b. Lens: (FOV 94 degrees 20mm)

c. Video recording (4096 x 2160) 4K to 1280 x 720P at various 

frame rates from 24 to 120 fps

4. Remote controller

a. Operating frequency: 2.400 to 2.483 GHz