U.S.	Department	of	Transportation

Docket	Operations

1200	New	Jersey	Ave,	SE

Washington,	DC	20590

Request	for	Section	333	Exemption

March 1,	2016

Revision	1	

Contact	Information

Matthew	N.	Brown

7750	Upper	171st St.	West

Lakeville,	MN	55044

Brown.Matthew001@gmail.com

952.905.1277

Regulations	from	with	the	exemption	is	requested:

14	CFR	Part	21

14	CFR	45.23(b)

14	CFR	61.113	(a)	&	(b)

14	CFR	91.7	(a)

14	CFR	91.9	(b)(2)

14	CFR	91.109

14	CFR	91.119

14	CFR	91.121

14	CFR	91.151	(a)

14	CFR	91.203	(a)	&	(b)

14	CFR	91.405	(a)

14	CFR	91.407	(a)(1)

14	CFR	91.409	(a)(2)

14	CFR	91.417	(a)&(b)

This	is	an	exemption	request	pursuant	to Section	333	of	the	FAA	Reform	Act	of	2012	

for	Matthew	Brown.		Matthew	Brown,	operator	of	Unmanned	Aircraft	Systems	

(UAS) requests	to	commercially	perform	aerial	photography	through	the	use	a	self	

owned	small	UAS in	airspace	regulated	by	the	FAA.		Matthew	Brown	is	the	owner	

and	pilot.		Matthew	would	provide	operations	of	UAS	equipped	with	camera(s)	and	

sensors	in	the	following	areas:

1. Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	

estate,	architecture,	land	surveying	or	other	related	professional	activities.		

2. Aerial	photography/inspection	or	residential	or	commercial	structures	with	

the	owners	or	local	government	authority.		
3. Aerial	photography/inspection	of	residential/commercial	utility	

infrastructure	including	but	not	limited	to	electrical	power	lines,	wind	

turbines	and	cell	towers.

4. Aerial	photography/video	providing	live	video	feed	to	aid	in	search	and	

rescue	operations	in	the	event	of	natural	disaster	or	emergency	only	when	

requested	by	local	government	authorities.

5. Training	to	persons/	groups	belonging	to	private/public	organizations	to	

increase	awareness	and	improve	safety	for	current	and	future	UAS	

operations	within	the	NAS	system.

Matthew	currently	holds	an	Airline	Transport	Pilot	Certificate #3031668 and	is	a	

Certified	Flight	Instructor	Instrument	Airplane	with	a	Bachelor	of	Science	in	

Aeronautics.		Matthew	Brown	currently	is	an	airline	pilot	and	has	first	hand	

knowledge	of	the	FAA	airspace	system	allowing him	to	safely	operate	a	small	UAS	

within	the airspace.	

14	CFR	Part	21		Subpart	H

An	Exemption	is	requested	from	applying	for	an	airworthiness	certificate.		Given	the	

size	and	limited	operating	area	of	the	aircraft	to	be	used,	an	exemption	meets	the	

requirements	of	an	equivalent level	of	safety.		The	UAS	will	be	operating	in	an	area	

and	under	conditions	that	would	be	at	least	as	safe	as	a	conventional	aircraft	

operating	with	an	airworthiness	certificate.

14	CFR	45.23(b) Display	of	Marks

An	exemption	is	requested	from	displaying	the	aircraft	“N”	number	on	the	aircraft.		

Also	requested	is	an	exemption	from	displaying	the	words	“limited”,	“experimental”,	

“light-sport”	or	“provisional”	as	applicable.		There	is	no entrance	into	a	UAS	and	the	

aircraft	is	not	large	enough	to	support	decals	of	2	inches.		

14	CFR	61.113	(a)	&	(b) – Private	Pilot

An	exemption	is	requested	from	holding	a	Private	Pilot	certificate	and	the	

requirements	for	compensation	or	hire.		An	equivalent	level	of	safety	is	met	due	to	

UAS	not	carrying	passengers	or	pilots.		The	risk	is	far	less	than	that	of	commercial	

activities	of	a	private	or	commercial	pilot.

14	CFR	91.7	(a) – Civil	Aircraft	Airworthiness

An	exemption	is	requested	due	to	the	fact	that	an	airworthiness	certificate	will	not	

be	issued.

14	CFR	91.9	(b)(2) – Civil	Aircraft	Flight	Manual,	Marking	and	Placard	

Requirements

AN	exemption	is	requested	from	carrying	a	current	and	approved	Flight	Manual,	

markings	and	placards.		The	UAS	is	not	large	enough	to	carry	any	of	these	items.		An	

equivalent	level	of	safety	will	be	maintained	by	keeping	the	flight	manual	at	the	

launch	site	where	the	pilot	will	have	access	to	it.
14	CFR	91.109 – Flight	Instruction

An	exemption	is	requested	from	operating	a	civil	aircraft	for	flight	instruction	unless	

that	aircraft	has	dual	controls.		The	UAS	is	remotely	piloted	and	control	is	

established	through	a	transmitter.			Because	there	is	no	one	the	aircraft	and	the	

instructor	is	able	to	handle	the	controls	at	the	same	time	as	the	pilot,	an	equivalent	

level	of	safety	is	achieved.

14	CFR	91.119 – Minimum	Safe	Altitude

An	exemption	is	requested	from	operating	over	sparsely	populated	areas	closer	

than	500	feet	AGL.		An	exemption	is	requested	to	operate	up	to	400	feet	AGL.		Given	

the	size,	controllability,	and	weight	of	the	UAS,	an	equivalent	level	of	safety	will	be	

met.		UAS	flights	will	not	be	conducted	over	any	property	without	the	permission	of	

the	owner.		

14	CFR	91.121 – Altimeter	Setting

An	exemption	is	requested from	operating	by	reference	to	an	altimeter	set	to	the	

departure	elevation.		An	equivalent	level	of	safety	is	met	by	using	an	Above	Ground	

Level	measurement	that	is	displayed	on	the	aircraft	transmitter	held	by	the	

operating	pilot.	

14	CFR	91.151	(a) – Fuel	Requirements	for	VFR	Conditions

An	exemption	is	requested	from	the	requirement	to	operate	an	aircraft	with	30	

minutes	of	fuel	reserve.		The	battery	power	of	the	UAS	is	approximately	20-25	

minutes.		An	equivalent	level	of	safety	is	met	by	the	transmitter	display.		A	digital	

readout	of	the	battery	percentage	is	available.		Additionally	the	aircraft	LED	lights	

flash	and	an	audible	alarm	is	sounded	when	the	aircraft	battery	is	low.		If	the	aircraft	

is	not	brought	to	a	landing	the	aircraft	employs	a	safety	feature	of	return	to	home.		

The	max	flight	for	a	UAS	will	be	limited	to	maintain	reserves	of	not	less	than	25%	

battery	power.

14	CFR	91.203	(a)	&	(b) – Civil	Aircraft:	Certifications

An	exemption	is	requested	from	carrying	an	airworthiness	certificate	that is	

displayed	and	legible.		The	UAS	is	not	large	enough	to	carry	additional	items.		An	

equivalent	level	of	safety	will	be	met	by	storing	any	registration	documents	at	the	

aircraft	launch	point	with	the	pilot.		

14	CFR	91.405	(a),	14	CFR	91.407	(a)(1),	14	CFR	91.409	(a)(2),	14	CFR	91.417	

(a)&(b) – Maintenance	Inspections

An	exemption	is	requested	from	having	the	UAS	inspected	as	prescribed	in	Subpart	

E.		These	inspections	only	apply	to	aircraft	carrying	an	airworthiness	certificate.		

Maintenance	will	be	done	according	to	the	UAS	manual,	manufacturer	

recommendations.		Firmware	upgrades will	be	done	as	they	are	made	available.		In	

order	to	ensure	an	equivalent level	of	safety,	the	pilot	will	inspect	(preflight)	the	

UAS	prior	to	each	flight.
Description	of	the	UAS	and	Equivalent	Level	of	Safety:

The	primary	UAS	to	be	used	will	be	the	DJI	Phantom	3 Professional.		The	UAS	will	be	

safely	operated	in	the	National	Airspace	System	by	maintaining	100%	line	of	sight	

visual	contact.		The	aircraft	will	be	flown	only	during	daylight	operations	at	altitudes	

not	to	exceed 400	feet	above	the	ground.		Flights	will	be	operated	at	a	lateral	

distance	no	less	than	100	feet	from	any	persons	or	property	not	associated	with	the	

operation.		

The	DJI	Phantom	3	includes	additional	safety	features	to	include	a	GPS	“return	

home”	function	when	GPS	is	available.		The	UAV also	includes failsafe	technology	

returning	the	UAS	to	the	takeoff	point	if	batteries	run	low.		The	UAS	will	always	be	

operated	in	accordance	with	the	manufacturers	operation	manual.		

Public	Interest:	

Matthew	Brown	will	be	using	UAS	in	applications	that	were	unable	to	be	completed	

previously	or	where	full	sized	aircraft	would	be	required.		It	is	in	the	public’s	

interest	as	the	use	of	UAS	to	conduct	these	operations	will	eliminate	the	use	of	low	

flying	full	size	aircraft	maximizing	safety.			This	exemption	will	allow	Matthew	

Brown	to	provide	the	highest	level	of	safe	operations.		

UAS	Operations:

The	owner	“Matthew	Brown”	will	conduct	thorough	preflight	operations	of	the	UAS	

prior	to	every	flight.		All	firmware	will	be	verified	as	up	to	date	prior	to	each	flight.		

Weather	considerations	will	always	be	verified	before	each	flight	to	ensure	the	

highest	level	of	safety

Specifications	include:

Weight:	1280g

Size:	590	mm

Max	Ascent	Speed:	5	m/s

Max	Descent	Speed:	5	m/s

Max	Speed	16m/s

Conclusion:

Matthew	Brown	will	be	operating	a	small	UAS	to	complement	his	self-owned	

photography	business.

Thank	you,

Matthew	N.	Brown

Owner/	Pilot