Petition for exemption/rulemaking

October 5th, 2015

Ronald Mochinski

rm photography, LLC

10139 Spring Lake Terrace

Fairfax, VA 22030

703-850-0317

http://www.rmochinski.com/

rmochinski@gmail.com

Subj: Petition for exemption to operate a small Unmanned Aircraft System

(sUAS) for the purpose of real estate and general photography/video.

I am requesting exemption of the Federal Aviation Administration for 

certain FAA Regulations so that I may use a sUAS in conducting the 

business of providing aerial photography/video in the real estate market.

The sUAS that will be used is the DJI Phantom 3 (Advanced), developed by 

DJI Technology Co., Ltd.

Request for exemptions pursuant to section 333 include:

• 14 CFR-Part 21 Subpart H - Airworthiness Certificate, Certification 

Procedures.

• 14 CFR-Part 3 - Noise Regulations.

• 14 CFR-45.23 - Display Markings.

• 14 CFR-Part 61.113(a)&(b) - Certifications for Instructors and Pilots.

• 14 CFR-91.9 - Flight Manuals and Marking Requirements.

• 14 CFR-91.109 - Flight Instruction.

• 14 CFR-91.119 - Minimum Safe Altitudes.

• 14 CFR-91.121 - Altimeter Settings.

• 14 CFR-91.151- VFR Requirements for Fuel.

• 14 CFR-91.203 - Certificates Required for Civil Aircraft.

• 14 CFR-91.205(b) - Instrument and equipment requirements.
• 14 CFR-91.215 - ATC transponder and altitude reporting equipment.

• 14 CFR-91.405(a), 91.407(a)(1), 91.409(a)(2) and 1.417(a) and (b) -

Maintenance Required.

Operating Conditions

When conducting operations, the unit will stay at or below 300' ceiling,

operate only within VLOS by the PIC and the VO. Return-to-home will 

commence when battery capacity reaches 25% as recommended by the 

manufacturer. Additionally the PIC will not operate the sUAS in crowded 

areas, near or around powerlines, near or around trees or other obstacles 

which may cause harm to human or the aircraft itself. Before deploying the 

sUAS any nearby residences will be communicated with that aerial 

photography will be taking place for a predetermined amount of time. 

Current weather conditions and forecast will have a determining factor 

before each flight.

Pilot-in-Command

I will be acting as PIC. I have a current private pilot license to operate single 

engine land airplanes (certificate no. 3633190). I have previous flight 

experience with DJI products. The sUAS will be flown only during VFR 

daylight hours and only under VLOS rules. My goal is to provide a safe 

environment while adhering to all FAA rules for safe flight.

Prior to Take-off

Preflight inspection of the sUAS will be conducted as outlined in the DJI 

operation manual and user guide by the PIC. Visual inspection of all rotor 

blades, electrical connections, battery conditions and levels, and testing of 

the link between the sUAS and the RC controller will be done before each 

flight. In addition, compass calibration and GPS lock will be confirmed prior 

to take-off. 

For safety purposes I will abide by the following additional operating 

conditions:
• operate the sUAS at or below 300 feet and within a radius distance of 

500 feet from the controller and VO;

• operate the sUAS for only 75% of it’s battery life per flight;

• land the sUAS prior to the manufacturer’s recommended minimum 

level of battery power (25%);

• operate the sUAS only within visual line of sight (VLOS);

• use the sUAS’ global positioning system (GPS) flight safety feature 

whereby it hovers and then slowly lands if communication with the 

remote control is lost;

• communicate with local residents when aerial operations are taking 

place.

No-Fly Zones

In addition to these steps, the DJI products come pre-equipped with 

firmware that will not allow fight within a no-fly zone. DJI developed a 

flight limitation system to prohibit the sUAS from flying into the air space 

surrounding an airport. As of January 2015 the DJI firmware will also not 

allow flight within 15 mile zone of the Washington DC area:

Figure 1: Source: DJI website: http://www.dji.com/fly-safe/category-mc
As a pilot in the Washington DC area I am aware of the highly sensitive 

nature of the surrounding area. I have also completed the certificate of 

achievement from the Aviation Learning Center Online Course for the 

Washington DC Special Flight Rules Area:

I am prepared to modify or amend any part of this request to satisfy the need 

for an equivalent level of safety. Please contact me at any time if you require 

additional information or clarification. 

Ronald M. Mochinski

Photographer/Videographer

rm photography, LLC