Andrew Fabitz

3052 N. Humboldt BLVD.

Milwaukee, WI 53212

ajfabitz@gmail.com

www.bitzproductions.com

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

Federal Aviation Regulations from: 14 CFR 21 subpart H 

14 CFR 45.23(b) 

14 CFR 61.113(a) and (b) 

14 CFR 91.7(a) 14 CFR 91.9(b)(2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a)

14 CFR 91.203 (a) and (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2) 

14 CFR 91.417(a) and (b) 

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

Act”) and 14 CFR Part 11, Andrew Fabitz, operator of Unmanned Aircraft Systems (UAS), 

hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of designated UAS, provided such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. Commercial operation of an UAS, as described herein, which are 

equipped with camera(s) and sensors, would provide professional services in the following 

areas: 

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

architecture, land surveying, mapping, engineering and other related professional 

activities. 
2. Aerial video and/or photography for public and/or private use including television, 

public events, cinematography and newsgathering. 

3. Aerial inspection/photography/video of residential/commercial structures under 

contract with the owners or local government authority. 

4. Aerial inspection/photography/video of residential/commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

6. Aerial video/photography of special events like concerts and music festivals under 

contract by the band or festival promoter.

7. Training to persons individually or belonging to both private and/or public 

organizations to increase awareness and improve safety for current and future UAS 

operations within the NAS. 

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

designated UAS as set forth in this document under controlled conditions in the NAS that 

would be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption 

would increase public awareness of UAS operations and enhance safety to aid in fulfilling 

the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system.” 

I plan to operate a UAS, the DJI PHANTOM 3 Professional which is comprised of an 

unmanned aircraft (UA or Phantom 3) and a transportable ground station. The Phantom 3 

is referred to as a quad-copter with a maximum gross weight of about 3 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 

Also, given the small size of the UAS’s involved and the restricted controlled environment 

within which they will operate, the applicant fits within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of UASs to commence immediately. Also due to the size of the UASs 

and the controlled areas in which the relevant UASs will operate, approval of the 

application presents no national security issue. Given the following, the grant of the 

requested exemptions is clearly in the public interest: James Bender proposes that the 

exemption requested herein apply to civil aircraft that have the characteristics and that 

operate with the limitations listed herein. These limitations provide for an exceptional level 

of safety to operations. These limitations and conditions to which Andrew Fabitz agrees to 

be bound when conducting commercial operations under an FAA issued exemption 

including: 

1. The UAS will weigh less than 55 lbs. 
2. Flights will be operated within line of sight of operator. 

3. Maximum total flight time for each operational flight will be 30 minutes. 

4. Flights will be terminated at 15% battery power reserve. 

5. Flights will be operated at an altitude of no more than 400 feet AGL 

6. UAS operator will be trained and certified in the proper safety and operations of the UAS. 

7. The UAS will only operate within a controlled area as defined in the Procedures. 

8. The operator will post advisor notice around the controlled area. 

9. The operator will have been trained in operation of UAS generally and received up-todate information on the particular UAS to be operated as required. 

10. If the UAS loses communications or loses its GPS signal, the UAS will have capability to 

return to a pre-determined location within the Security Perimeter and land. 

11. The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

If you have any questions or need any further information, please contact me at 

ajfabitz@gmail.com or (262) 389-9756.

Sincerely,

Andrew Fabitz