RE: Exemption Request Pursuant to 

Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation 

Regulations

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com

Vladislav Popov - PIC

Empire Production

5532 Andrea blvd,

Sacramento, CA 95842

916-494-3677

www.empireofmotion.com
Dear Sir or Madam

Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (the “Reform Act”) and 14 CFR Part 11, I Vladislav Popov, referred to hereafter as the petitioner, request exemption from the 

following section of Title 14, Code of Federal Regulations §§

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)

Empire Production is a video ad production agency based in the 

Sacramento, California. We offer clients video ad production and

video animation. Empire Production would like to open new service to 

our clients which is Aerial Photography or Videography throughout the 

United States to enhance video production quality. We make the 

following representations of operational features which we propose to 

abide by to ensure this exemption will provide a full level of safety.

Empire Production would plan to operate The Unmanned Aircraft (UA) 

in several ways: 

• Aerial photography and/or video for public and/or private use 

including real estate, architecture, land surveying, engineering and 

other related professional activities.

•Aerial video and/or photography for public and/or private use 

including television, public events, commercials, cinematography and 

news gathering.

•Aerial inspection/photography of residential/commercial structures 

under contract with the owners or local government authority.

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•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.

In doing so we consider all safety precautions and regulations as 

foremost with each flight.

Background:

The Unmanned Aircraft (UA) described herein is smaller,lighter and 

more maneuverable than conventional aircraft running on combustible 

fuel, operates at lower altitudes with no people on board and will there 

by reduce current risk levels and enhance safety. With a small payload 

and maximum flight time of only 22 minutes, this offers little or no risk 

to national security.

Aircraft: DJI PHANTOM 3 PROFESSIONAL

Empire Produciton will operate the DJI Phantom 3 Professional, with a 

total weight of 1280g or 2lbs 13 oz. The dimensions are 40.36cm x 

40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. Under still air the

maximum speed is no more than 16m/s or 35 mph with a 

cruising-speed of 11m/s or 25mph. The DJI Phantom 3 Professional

has the ability to hover and move along a vertical and horizontal plane 

simultaneously. The DJI Phantom 3 Professional has four motors, 

Motor Model DJI 3510, powered by a 4480 mAh 4s LiPo Lithium

Polymer battery. There are four propellers, Propeller Model DJI 1345, 

in use. The DJI Phantom 3 Professional will be controlled with the C3

remote controller with an operating frequency of 

2.400GHz - 2.483GHz. 

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The live video feed will have an operating frequency of 2.4 GHz ISM 

with maximum range of 1.2 miles. The applicant will operate the UAS 

in line of sight within a closed off and predetermined area owned

and/operated by the property representative

GENERAL FEATURES

•Ready to fly

•Weight: 1280g

•Diagonal Size: 590mm

•3-axis camera stabilization

•Precision flight and stable hovering

•GPS/GLONASS positioning & auto return home

•Onscreen real-time flight parameters

•High Definition 4k Camera

•Camera tilt control

•Film straight down

•Supports Adobe DNG RAW

•Adobe lens profile support

•Camera parameter settings

•Album synchronization

Camera

•Sensor: Sony EXMOR 1/2.3” Effective pixels: 12.4 M

•ISO range: 100-3200 (video) 100-1600 (photo)

•Shutter speed: 8s-1/8000s

•Video Recording Modes: 4k 24/25p, Full HD 24/25/30/48/50/60p, HD 

24/25/40/48/60p

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Remote Control

•Operating Frequency: 2.400 GHz-2.483 Ghz

•Working Distance: 2000m

•Battery 6000 mAh LiPo 25

•Receiver Sensitivity: -101dBm +-2dBm

•Working Voltage: 1.2A @7.4V

Aircraft and Equivalent Level of Safety

 The operation limitations proposed for an equivalent or higher level of 

safety because operations will further enhance the safety of the 

persons and/or property using conventional aircraft.

 These limitations and conditions to which the applicant agrees to 

adhere to when conducting commercial operations under the FAA 

issued exemption as set forth in the Flight Operations Manual (FOM) 

include:

•The UAS will weigh less than 55 lbs.

(DJI Phantom 3 Professional weighs 1280G or 2lbs 13oz)

•The UAS will have a maximum operating speed of no more than 35 

mph.

•Flights will be operated within line of sight of the Pilot in Command 

(PIC) and/or Visual Observer(VO).

•Maximum flight time for each operational flight will be 22 minutes. 

Flights will be terminated at 25% battery power reserve or 22 minutes 

of flight time whichever occurs first.

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•Flights will be operated at an altitude of no more than 400 feet Above 

Ground Level (AGL) and not more than 200 feet above an elevated 

platform from which filming is planned.

•Minimum crew for each operation will consist of the UAS Pilot, the 

Visual Observer (VO) and may include but not limited to a Camera 

Operator.

•The UAS pilot will be a designated Pilot in Command (PIC) and will 

take and pass all necessary certifications and license currently being 

approved by the FAA administration for commercial use.

•A briefing will be performed regarding the planned UAS 

operations prior to each day’s flight consisting of all the 

days’ production activities.

•All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

•The flights will occur no closer than a 5 mile radius of the geographic 

center/Airport Reference Point(ARP) of a tower controlled or uncontrolled airport.The DJI Phantom 3 Professional has built in software for 

all FAA regulated ‘No Fly Zones’ and was uploaded by DJI (February 

2015) for all DJI drones to download and prevent any possible flights 

occurring within no-fly zones. DJI Phantom 3 Professional has installed software (code) that denies flights within the FAA no-fly zones.

•If operations will be within a 5 mile radius of the geographic center/

Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport the respective airports will be contacted advising them of the 

estimated flight time, flight duration, elevation of flight and other pertinent information.

•The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the particular UAS to be operated.

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 5
•The PIC and VO will be able to communicate by voice, radio, and/or 

text at all times.

•Written and/or verbal permission and permits will be obtained from 

territorial, state, county or city jurisdictions, including law enforcement, 

fire or other appropriate governmental agencies.

•If the UAS loses communications with the remote controller or loses 

GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

•The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 

§91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1).Given the size and limited operating 

area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular UAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional 

aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. 

Empire Production T 916-494-3677 no_reply@apple.com www.empireofmotion.com 6
The UAS to be operated hereunder is less than 55 lbs.(3 lbs.)fully 

loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a 

secured and designated area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both 

the operator and under the requirements and in compliance with local 

public safety requirements. The FAA will have advance notice of all 

operations. These safety enhancements provide a greater degree of 

safety to the public and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 C.F.R. Part 

21, Subpart H. Lastly, application of these same criteria demonstrates 

that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a

substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited,restricted or light-sport 

category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to 

the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption will be needed as the UAS will have no entrance to the cabin, 

cockpit or pilot station on which the word “Experimental” can be 

placed. 

Given the size of the UAS, two-inch lettering will be impossible. The 

word “Experimental” will be placed on the fuselage in compliance with 

§45.29 (f).

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The equivalent level of safety will be provided by having the UAS 

marked on its fuselage as required by §45.29 (f) where the pilot, 

observer and others working with the UAS will see the identification of 

the UAS as “Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: 

Pilot in Command. 

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private 

pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. An equivalent 

level of safety can be achieved by current Regulations because the 

applicant’s UAS do not carry any pilots or passengers nor property. 

The risks attendant to the operation of UAS is far less than the risk 

levels inherent in the commercial activities outlined in 14 CFR 61. 

The operation and limitations set forth in the FOM will equate to the 

safe operation of the UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft for maintenance and use of safety check 

lists prior to each flight an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides: No person may operate a U.S. -

registered civil aircraft ... (2) 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, and placards, or any 

combination thereof. The UAS, given its size and configuration has no 

ability or place to carry such a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no

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room or capacity to carry such an item on the aircraft. The equivalent 

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

ground control point where the pilot flying the UAS will have 

immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions 

before flight to insure the safety of flight. As FAA approved rotorcraft 

flight manuals will not be provided for the aircraft an exemption

will be needed. The PIC will take all actions as stated in the

manufacturer FOM in the pre-flight inspection section, including but 

not limited to reviewing weather, flight battery requirements, landing 

and takeoff distances and aircraft performance data before initiation of 

flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls. UAS and 

remotelypiloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. 

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety provided by the 

fact that neither a pilot nor passengers will be carried in the aircraft 

and by the size and speed of the aircraft.

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14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

Section 91.119 (d) allows helicopters be operated at less than the 

minimums prescribed, provided the person operating the helicopter 

complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or 

not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As 

set forth herein, the UAS will never operate at higher than 400 AGL 

with the exception that in circumstances where the UAS is used to 

survey or photograph a structure whose height exceeds 400 feet

AGL, the UAS will not be operated more than 200 feet above the 

highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, 

speed of the UAS as well as the location where it is operated. No flight 

will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and 

participants in the filming activity, all affected individuals will be aware 

of the planned flight operations. Compared to flight operations wi

the aircraft or rotorcraft weighting far more than the maximum 55lbs. 

proposed herein and the lack of flammable fuel, any risk associated 

with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the 

low-altitude operations of the UAS will ensure separation

between these UAS operations and the operations of conventional 

aircraft that must comply with Section

91.119.

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14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be 

needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS

altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

Section 91.151 (a) prohibits an individual from beginning “a flight in an 

airplane under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point 

of intended landing, and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or (2) At 

night, to fly after that for at least 45 minutes.” 

The battery powering the UAS provides approximately 25 minutes of 

powered flight. To meet the 30 minute reserve requirement in 14 CFR 

§91.151, UAS flights would be limited to approximately 10 minutes in 

length. Given the limitations on the UAS’s proposed flight area and the 

location of its proposed operations within a predetermined area, a 

longer time frame for flight in daylight or twilight VFR conditions is 

reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls 

within the scope of prior exemptions. Operating the UAS, in a tightly 

controlled area where only people and property owners or official

representatives who have signed waivers will be allowed, with less 

than 30 minutes of reserve fuel, does not engender the type of risks 

that Section 91.151(a) was intended to alleviate given the size and 

speed of the small UAS. Additionally, limiting UAS flights to 10 minutes 

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would greatly reduce the utility for which the exemption will be 

granted. Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 20 minutes or 25% of battery power —

whichever happens first. This restriction would be more than adequate 

to return the UAS to its planned landing zone from anywhere in its 

limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil 

aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operated 

without an onboard pilot. As such, there is no ability or place to carry 

certification and registration documents or to display them on the 

UAS. 

An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS 

will have immediate access to them;to the extent they are applicable 

to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections.

These regulations require that an aircraft operator or 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...,” and others shall inspect or

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maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because 

the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical 

issues arise the UAS can land immediately and will be operating from 

no higher than 400 feet AGL. The operator will ensure that the UAS is 

in working order prior to initiating flight, perform required maintenance, 

and keep a log of any maintenance performed. Moreover, the operator 

is the person most familiar with the aircraft and best suited to maintain 

the aircraft in an airworthy condition to provide the equivalent level of 

safety. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the 

UAS Manufacturer's User Manual. As provided in the FOM, the 

operator will ensure that the UAS is in working order prior to initiating 

flight and perform required maintenance needed

Additional information.

We state that aerial videography and photography for brands, events, 

and television has been around for a long time through manned fixed 

wing aircraft and helicopters, but for small business owners, its

expense has been cost-prohibitive. Granting this exemption to

Empire Production would allow our company to provide this service at 

a much lower cost.

Best Regards,

Vladislav Popov - PIC

Empire Production (www.empireofmotion.com)

5532 Andrea Blvd, Sacramento, CA 95842, USA

916-494-3677

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