Jesse W Ballard 

1207 South Clinton Ave

St. Johns, MI 48879

989-640-5621

Ballar22@mail.nmc.edu

November 4th, 2015

U.S. Department of Transportation

Docket Operations

1200 New Jersey Ave.,

SE Washington, DC 20590 

Re: Submission of Request for Determination under Section 333 of the FAA Modernization and 

Reform Act and Exemptions under 14 C.F.R. Section 11.81

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, a person that owns and operates Small Unmanned Aircraft Systems (UAS),

requests to be exempted from the Federal Aviation Regulations (FAR) as listed below so that they 

may operate UAS commercially in airspace regulated by the FAA. As long as such operations are 

conducted within and under the conditions outlined herein or as maybe established by the Federal 

Aviation Administration (FAA) as required by Section 333. 

In order to operate small UAS commercially in airspace regulated by the FAA I seek an exemption 

from the FARs as listed below to allow for commercial operation for:

 Agricultural aerial photography and videography

 Photography and videography for real estate

 Land surveying and survey-grade construction mapping

 Monitoring and videography of golf courses

 Advertising

 Videography and photography for law enforcement

 Flight operations over public roads with the Department of Transportation

 Any other applicable infrastructure applications

 Other flight operations that could be performed safely and more cost effectively 

with the use of small UAS at low altitude within the U.S. national airspace system 

as compared to a manned aircraft. 

Operations will be performed only at the request of and with the authorization and permission of 

clients or their authorized agents in order to facilitate, commerce, and raise awareness of the 

beneficial uses of small unmanned aircraft. So long as such operations are conducted within and 
under the conditions outlined herein or as may be established by the FAA as required by Section 

333. 

Aircraft Number One Type & Specifications:

Make: DJI

Model: Phantom 3 Professional 

Weight: 2.82

Diagonal Size: 23.22 in 

Aircraft Number Two Type & Specifications:

Make: DJI 

Model: Inspire 1 

Weight: 6.47

Dimensions: 17.24 x 17.75 x 11.85 in

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H

14 CFR part 47

14 CFR part 45, Subpart C

14 CFR § 1.1

14 CFR 45.23 (b)

14 CFR § 61.56

14 CFR § 61.51(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 91.203 (a) and (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) and (b)

Extent of relief I seek, and why

14 CFR Part 21 subpart H - The UAS carries neither pilot nor passenger and carries no explosive 

materials or flammable liquids. Given the size, weight, speed, and limited operating area 

associated with the aircraft to be utilized, I request exception from this regulation. In a restricted 
environment and under the conditions proposed, operation will be at least as safe, or safer, than a 

conventional aircraft operating with an airworthiness certificate.

14 CFR part 47 - All aircraft operated in accordance with this exemption must be identified by 

serial number, registered with an identification (N Number) markings in accordance with 14 CFR 

part 45, Subpart C. Markings must be as large as practicable for the designated aircraft.

14 CFR § 1.1. - UAS operations may not be conducted during night. All operations must be 

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules 

(SVFR) are not authorized.

14 CFR 45.23 (b) - Due to the size of this UAS it does not have a cockpit, cabin, or pilot station on 

which to market certain words or phrases. Lettering would be very difficult to place on such a small 

aircraft and dimensions would need to be smaller than required minimum. Understanding the 

importance of lettering I will mark my UAS with the largest possible letters by placing the word 

"Experimental" or assigned number or name, based on request/ruling of FAA, on the UAS fuselage

14 CFR § 61.56 - Under this grant exemption, a pilot in command must hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate and a valid U.S. driver’s license issued by a state, the 

District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC 

must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate. 

14 CFR § 61.51(b) - The operator may not permit the pilot in command to operate unless the pilot 

in command demonstrates the ability to safely operate the UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be 

logged in a manner consistent with 14 CFR § 61.51(b).

14 CFR 91.7 (a) - As there will be no airworthiness certificate for the UAS, 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 list prior to each flight an equivalent level of 

safety will be followed.

14 CFR 91.9 (b) (2) - Given the size and configuration, there is no room, capacity, or pilot on board 

to adequately carry a flight manual. An equivalent level of safety will be maintained by keeping the 

flight manual at a ground control point where the pilot will have immediate access to it. 

14 CFR 91.103 - As FAA approved flight manuals will not be provided for the aircraft an exemption 

will be needed. Normal procedures including but not limited to; reviewing weather, flight battery 

checks, and determining landing and takeoff distances requirements. An equivalent level of safety 

will be provided by preflight protocol to properly match the aircraft. 
14 CFR 91.109 - UAS and remotely piloted aircraft do not have fully functional dual controls. Flight 

control is achieved through the use of a transmitter that communicates with the aircraft via radio 

communications. The equivalent level of safety will be provided because neither a pilot nor 

passenger will be carried in the aircraft, and by the limited speed and size of the aircraft. 

14 CFR 91.113 (a) and (b) - I can achieve an equivalent level of safety, or safer as achieved by 

current regulations because my UAS does not carry a pilot nor passengers. 

14 CFR 91.121 - The UAS may not have a barometric altimeter, but does have a GPS altitude 

read out. I believe an exemption may be needed. An equivalent level of safety is achieved by the 

operator receiving live flight data and monitoring and confirming current altitude along with the

altitude of the launch site as shown on GPS altitude indicator.

14 CFR 91.203 (a) and (b) - Similar to 14 CFR 91.9 (b) (2), given the size and configuration, the 

UAS has no ability to carry certificate and registration documents on the aircraft. There is no room, 

capacity, or pilot on board to adequately manage such documents. An equivalent level of safety 

will be achieved by keeping these documents, to the extent they are applicable to the UAS, at the 

ground control point where pilot has immediate access to them. 

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

Given these sections only apply to aircraft with an airworthiness certificate, theses sections do not 

apply. As a safety precaution, operator will perform preflight inspections and ensure the UAS is in 

working condition before initiating each flight. 

Additionally: 

I (the petitioner) am seeking relief from all FARs presented above that effectively prevent me from 

conducting aerial photography and videography at levels less than 400ft.

The UAS to be used is a DJI Phantom 3 Professional and a DJI Inspire 1. At 2.82 pounds, and 

6.47 pounds the weight of the UAS meets the definition of "small unmanned aircraft" found in 

section 331 "The Reform Act". The maximum speed of the DJI Phantom 3 Professional is 33.5 

mph. The DJI Inspire 1’s maximum speed is 49.2 mph. The UAS is battery powered with no 

combustible fuels onboard. Maximum flight time for this DJI Phantom 3 Professional is 23 minutes, 

The DJI Inspire 1 is 18 minutes. All flights are to be terminated with 25% battery life remaining. 

The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in 

the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center 

of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of 

agreement with that airport’s management is obtained or otherwise permitted by a Certificate of 

Authorization issued to the exemption holder.

The DJI Inspire 1 will be upgraded to carrying a DJI Zenmuse X5 camera as its upgraded payload. 
All flights will be operated within visual line of sight (VLOS) of a pilot and/or observer, and that the 

UAS flights will be limited to a maximum altitude of 400 feet above ground level.

Given the size, weight, speed, and limited operating area associated with the aircrafts to be utilized 

I find this exception request to be reasonable with an equivalent, or greater, level of safety to be 

reached by the operator.

Public Interest:

Aerial imagery is made possible with the use of a UAS. It can provide their customers with 

viewpoints only available from an elevated position. This type of imagery when combined with a 

marketing strategy, boosts revenues and stimulates local, regional and national economies. It can 

also indirectly benefit other businesses in the area by encouraging tourism. Through the use of a 

UAS, aerial imagery can now be captured much more efficiently and cost effectively than 

traditional aviation methods saving time, fuel, emissions and improving safety. 

Thank you for your consideration,

Jesse Ballard