June 9, 2015

U.S, Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations

Dear Sir/Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and 14 C.F.R. Part11, Advantage Aerials LLC Operator of the DJI Phantom 2 and DJI Phantom 3

Unmanned Aircraft Systems (UAS) seeks exemption from the Federal Aircraft Regulations (FARs)

as described below.

This exemption will permit Dennis Prox sole proprietor of Advantage Aerials LLC to operate the 

described above UASs commercially for the purpose of aerial photography and UAS training. Photo 

services will include videos and photographs of real estate, businesses and events. This service 

provides a benefit to public acceptance and controlled integration into the National Airspace System.

Operations by Advantage Aerials LLC, will adhere to all applicable FARs , Airworthiness directives, 

Notices to Airmen and Operators Handbook.

Advantage Aerials LLC will operate in controlled conditions, within visual line of sight at altitudes 

below 400 ft. AGL, or no higher than 200 ft. above the highest obstacle (AHO) with Flight Safety 

District Office (FSDO) approval. Any UAS operated by Advantage Aerials LLC will not exceed 

55 lbs. Weight.

QUALIFICATIONS OF OPERATER

Dennis Prox of Advantage Aerials LLC will be the operator and have responsibility to maintain safe 

operations. Dennis Prox, although not currently an active airplane pilot, has in the past obtained his 

FAA Commercial, Instrument, Multi-engine, and Flight Instructor Ratings. He has obtained a 

Professional Pilot Certificate from Embry Riddle Aeronautical University. He is a member of AOPA 

(Aircraft Owners and Pilots Association) and EAA (Experimental Aircraft Association) and keeps up to

date on current FAA regulations. Dennis Prox has been an active radio control hobbyist for more than 

30 years and is a member of American Modelers Association. He has has taken aerial photos as a 

hobbyist with model airplanes and UASs for the past 6 years without incident.

Advantage Aerials LLC will be safe and professional in business operations and maintain awareness of 

piloted aircraft and promote safe guidelines for integration of UAS into National Airspace System.

Applicant:

Advantage Aerials LLC

Dennis Prox

729 Pringle Rd.

Port Orange, FL 32127

Phone: 386-788-4777

email: dprox@mindspring.com

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Regulations from which exemption is requested are as follows:

 14 CFR Part 21;

 14 CFR 91.203(a) & (b);

14 CFR 45.23

 14 CFR 61.113

 14 CFR Part 91.7(a) ;

 14 CFR. Part 91.9(b)(2); 

 14 CFR 91.107;

 14 CFR 91.109;

 14 CFR 91.121(a);

 14 CFR. 91.119;

 14 CFR 91.105;

 14 CFR 91.151(a); 

 14 CFR 91.405(a);

 14 CFR 91.407(a)(1);

 14 CFR 91.409(a)(2);

 14 CFR 91.417(a)

Justification for exemption from above regulations:

14 C.F.R. Subpart H: Airworthiness Certificates 14 C.F.R. & 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21,Subpart H, 

entitled Airworthiness Certificates, establishes procedural requirements for the issuance of 

airworthiness certificates as required by FAR 91.203(a)(1). Given the size of the aircraft and limited 

operating area associated with its use, it would be unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H to achieve current safety levels. An exemption meets the

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

FAA and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability and proximity to airports and populated areas of the UAS.

14 C.F.R. 45.23 Identification, markings, placard.

This regulation requires certain dimensions and requirements for markings to be displayed on aircraft. 

Due to small size of UAS this requirement would be impractical. An equivalent level can be displayed 

in small letters where the word “experimental” can be placed on in compliance with CFR 45.29 (f).

14 C.F.R. 61.113 (a),(b) Private pilot privileges and limitations: Pilot in Command

This regulation states that no person who holds a private pilot certificate may act as pilot in command 

of an aircraft that is carrying passengers or property for compensation or hire; nor may that person for 

compensation or hire act as pilot in command of an aircraft.

Requiring a commercial pilot certificate would not be necessary for UAS operation. Operator of 

Advantage Aerials LLC has possessed FAA Commercial, Instrument and Flight Instructor ratings in the

past. Although not current, he is familiar with operations and safety issues involved in operating in 

National Air Space.

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14 C.F.R. 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition, 

Should the exemption be granted allowing commercial operation of the UAS without an airworthiness 

certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft and the 

requirements that already have been met in the approved standard operating procedure including 

maintenance , inspection manual and safety checklist will be achieved by following compliance with 

the DJI operating manual prior to flight.

14 C.F.R. 91.9(b)(2): Civil Aircraft Flight Manual in the aircraft.

This regulation provides: No person may operate a US registered civil aircraft...for which an airplane or

rotorcraft flight manual is not required by 21.5 of this chapter, unless there is available in the aircraft a 

current approved airplane or rotorcraft flight manual, approved manual material, markings, placards, or

any combination thereof.

The equivalent compliance will be achieved by keeping the flight manual in possession of the pilot 

flying the UAS enabling immediate access.

14 C.F.R. 91.107 Pilot/passenger restraint systems.

This regulation requires restraint systems for pilots/passengers.

This reg would not apply to UAS aircraft used by Advantage Aerials LLC

14 C.F.R. 91.109 Flight Instruction 

This regulation provides that no person may operate a civil aircraft (except for free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls. The UAS does 

not have dual controls. The FAA has approved exemptions in the past for experimental aircraft. Flight 

instruction for UAS would be with instructor standing next to student who can easily take control box 

from student to ensure safe flight of UAS. This would be an equivalent level of safety.

14 C.F.R. 91.121(a) Altimeter

This regulation requires an aircraft be operated referenced to an altimeter set to proper barometric 

pressure. This would not apply to UAS since it would not be at cruising altitudes and it would not be 

operated above 400 feet AGL. Altitude is controlled with GPS data transmitted to pilot of the UAS.

14 C.F.R. 91.319(a)(1) Flight Instruction

This regulation requires dual controls for flight instruction.

Although dual controls are not available, equivalent training can be accomplished with instructor 

standing next to student where the instructor is able to take control of UAS with hand held transmitter.

14 C.F.R 91.119 Minimum safe altitudes

Since our UASs are vertical takeoff and landing and can hover we request to operate in accordance 

with 91.119(d). Right of way will be given to all manned aircraft. All affected persons will be notified 

of flights including property owner.

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14 C.F.R. 91.151(a) Fuel Requirements for Flight in VFR conditions.

This regulation requires 30 min. of fuel (daylight) and 20 minutes (night) from point of intended 

landing. UAS equivalent safety can be obtained by landing when 25% battery power remains which is 

transmitted to the UAS pilot from the aircraft. There is no pilot on board the UAS, so even if it lost 

power, the risk of injury or damage is slight compared to full size aircraft.

14 C.F.R. 91.203(a) & (b) Carrying Civil Aircraft Registration

This regulation requires an airworthiness certificate to be displayed in the aircraft.

The UAS is too small to carry such documents. Any certificate or document required from the FAA 

would be in possession of UAS pilot and can be presented to anyone needing to see it.

14 C.F.R 91.405(a), 407(a)(1), 409(a)(2), 417(a) Maintenance Inspections

Section 91.405 requires that an aircraft owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter...” Section 91,407 makes 

reference to requirements in Part 43, Section 91.409(a)(2) requires an annual inspection for the 

issuance of an airworthiness certificate.

Advantage Aerials LLC will maintain and inspect the UAS by complying with manufacturer (DJI) 

recommendations in manual and applying any software updates. Logs will be kept of any maintenance 

completed. A pre-flight checklist will be used before each flight to insure the UAS is safe to fly. 

 

 

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Advantage Aerials LLC Operating and Safety Procedures

UAS operated will be DJI Phantom 2 and DJI Phantom 3 Each has a weight of 2.82 lb. with an ascent 

speed of 11 mph and max horizontal speed of 35 mph. Dimensions are approximately 12 in. long, 12 

in. wide and 8 inches high.

Compliance with all pertinent federal, state and local regulations. 

A pre flight inspection of the UAS and checklist will be performed before each flight.

All flights will remain in line of sight of the operator.

Verbal or written permission will be obtained from property owners and persons involved.

UAS will not hover directly over people or property that could be damaged by catastrophic loss of 

power of UAS.

 

Maximum flight time is 30 minutes. Flights will be terminated when battery reaches 25% power to 

enable safe return.

Most flight will be below 200 ft. and none above 400 feet.

If flights occur closer than 5 mile radius of an airport , the airport authority or tower will be notified as 

necessary to advise of location, height and duration of flight.

Crew for typical flight will include the operator and visual observer.

If the UAS losses signal from transmitter, it will have the ability to return to pre-determined location.

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Features of DJI Phantom 3

GPS-enabled “geofence” prevents UAS from accidentally flying into unwanted areas or obstacles. 

Phantom 3 can be set to fly only within a given distance and altitude from operator for safety and 

protecting and making it automatically stay inside desired limits.

Auto-Takeoff. With one tap in the DJI Pilot app, Phantom 3 will turn on its motors and rise to a pre-set

height. It will then hover perfectly in place until you operator directs it where to go.

Auto return home. With GPS Phantom 3 remembers the exact spot that it took off from. Wherever it is 

flying, tap a button to have it return right back home. 

Fail safe. If the Intelligent Flight Battery is running low, or if Phantom 3 loses the connection with 

remote controller for any reason, the aircraft will automatically return to the takeoff point and land 

safely.

Meets all FCC compliance and complies with Class B digital device pursuant to part 15 of FCC rules.

Any further information about the UAS being used can be found at: 

http://www.dji.com/product/phantom-3

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Why this exemption will benefit the public

Taking photographs using small UAS has advantages over using conventional aircraft.

• UAS can take close in photographs at lower altitude for increased sharpness of detail.

• UAS can take photographs in areas that would be inaccessible to manned aircraft.

• UAS can take photographs in weather conditions that would be inadvisable to manned aircraft.

• UAS can be dispatched quickly for rapid response needs.

• UAS is cost effective making aerial photographs available to more of the public.

• UAS use increases safety to public by eliminating need to dispatch manned aircraft into 

National Air Space. 

• UAS are environmentally friendly using small batteries for power.

• UAS are relatively quiet compared to manned aircraft.

• UAS would be more available to the public due to low cost and simplified operation.

• UAS use would provide income opportunities for more people.

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