Petition of Crane Creative, LLC

for Exemption Pursuant to Section 333

of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11,

Crane Creative, LLC is hereby requesting an exemption from the listed Federal Aviation

Regulations to operate a small Unmanned Aircraft System for the purpose of recording

photography and videography for compensation or hire.

This exemption would permit commercial operation by Crane Creative, LLC, using a DJI

Phantom 3 Professional UAS in order to provide the following services:

• real estate advertising

• land surveying

• agricultural surveying

• commercial advertisement

• personal event photography and videography

• commercial event photography and videography

• industrial inspections

Crane Creative, LLC’s operation under the exemption will be subject to strict operating

requirements and conditions to ensure an equivalent level of safety to currently authorized

operations using manned aircraft and under conditions as may be modified by the FAA as

required by Section 333.

Crane Creative, LLC respectfully submits this request for an exemption due to its use of

sUASs/UASs. Approval of this exemption would enhance safety and fulfill the Secretary of

Transportation’s responsibilities under Section 333(c) of the Reform Act to “establish

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

Crane Creative, LLC has organized this exemption request as follows:

I. Petitioner’s Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations from which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX. Conclusion

I. Petitioner’s Description
Crane Creative, LLC, headquartered in St. Louis, MO, is a company that provides aerial

drone footage for consumers and businesses alike. The services we provide include but are

not limited to:

• real estate advertising

• land surveying

• commercial advertisement

• personal event photography and videography

• commercial event photography and videography

• industrial inspections

Crane Creative, LLC’s goal is to operate in an accident-free environment while serving our

community. 

Crane Creative, LLC is owned/operated by one managing member with 2 years of combined

UAS/UAV/Drone experience:

Paul Crane

6031 Kingsbury Avenue

St. Louis, MO, 63112

(314) 243-2486

paulgcrane@gmail.com

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333(a)

through (c) of the Reform Act. Congress has directed the FAA “to safely accelerate the

integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain

unmanned aircraft systems may operate safely in the National Airspace (“NAS”) before

completion of formal UAS legislation, based on the following considerations:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator.

If the Secretary determines that such vehicles “may operate safely in the National Airspace

System, the Secretary shall establish requirements for the safe operation of such aircraft in

the National Airspace System.”

Additionally, the FAA Administrator has general authority to grant exemptions from its safety

regulations and minimum standards, and has done so on numerous occasions, when the
Administrator decides a requested exemption is in the public interest. A party requesting an

exemption must explain the reasons why the exemption: (1) would benefit the public as a

whole, and (2) would not adversely affect safety (or how it would provide a level of safety at

least equal to the existing rules).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined

under 40101 of the Act, from the requirement that all civil aircraft must have a current

airworthiness certificate and those regulations requiring commercial pilots to operate aircraft

in commercial service:

The Administrator may grant an exemption from a requirement of a

regulation prescribed under subsection (a) or (b) of this section or

any of sections.

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under

Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are

satisfied.

The proposed operations would permit Crane Creative, LLC the use of small unmanned aircraft

systems under controlled conditions in airspace that is: (1) predetermined; (2) access

controlled; (3) enhanced with an increased level of safety beyond that existing when fixed or

rotor wing aircraft are used to accomplish the same purpose.

Crane Creative, LLC uses a UAS (DJI Phantom 3 Professional) that is multi-rotor, weighing less

than 55 pounds, including payload. Under normal conditions, it operates at speeds less than 50

mph and has the capability to fly, hover, and move in the vertical and horizontal plane. 

Crane Creative, LLC’s UASs will operate in line of sight, during daylight hours, and will only

operate within a sterile area. Crane Creative, LLC will operate at or below 400 feet above

ground and will file a NOTAM for each flight operated in controlled airspace. All required

permissions and permits would be obtained from territorial, state, county, or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies prior to operating a UAS.

Given the small size of the UAS’s involved and the restricted sterile environment within which

they will operate, Crane Creative, LLC’s exemption falls within the zone of safety and

demonstrates an equivalent level of safety, in which Congress desired the FAA to permit

commercial UAS operations by exemption pending the completion of formal legislation. Also,

due to the size of the UASs and the confined area in which they will operate, approval of the

exemption presents no hazard in the National Airspace System.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in

the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed

operations, and the significant public benefit, the grant of the requested exemptions is also in

the public interest.

IV. Description of Proposed Operations
To assist the FAA in its safety assessment of Crane Creative, LLC’s proposed UAS operations,

below is a summary of operational limitations and conditions that will ensure an equivalent

or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS will weigh less than 55 pounds,

2. Flights will be operated within line of sight of the PIC and observer.

3. Maximum total flight time for each operational flight will be limited to the amount of time

the UAS can be flown and still maintain a reserve battery power of no less than 25%.

4. Flights will be operated at an altitude of no more than 400 feet above ground.

5. Minimum crew for each operation will consist of the UAS Pilot in Command and a Visual

Observer.

6. Prior to the operations at a particular location, a site inspection will have been conducted.

7. All UAS’s will be maintained in accordance with inspection programs specified in the

manufacturer’s guidelines.

8. The PIC and VO will at all times be able to communicate by voice.

9. The PIC, VO, and any other operational personnel will have been fully trained prior to

having any operational responsibilities.

10. All required permissions and permits would be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire or other appropriate governmental

agencies.

11. If the UAS loses communication signal, the UAS will have the capability to return to a predetermined location with the sterile area and land.

12. The UAS PIC has the capability to abort a flight in case of unpredicted obstacles or

emergencies.

13. Crane Creative, LLC, by following FAA, NTSB, and AFS-80 best practices, will assure no

individuals’ privacy is violated.

14. Procedures have been established by Crane Creative, LLC to contact ATC prior to

operating in airspace other than G.

V. Regulations from which Exemption is Requested

To use a UAS for data collection, Crane Creative, LLC requests relief from the following

sections of Title 14 of the Code of Federal Regulations:

• §61.101(e)(4) and (5) and §61.113(a) Private Pilot Limitations: Pilot in Command

Sections 61.101(e)(4) and (5) and 61.113(a) limits private pilots to non-commercial

operations. However, because the aircraft will not carry pilots or passengers and is limited in

the type of operation and the area of operation, a private pilot can achieve the equivalent

level of safety for the proposed operations as a commercial pilot. First, unlike conventional

manned aircraft, UASs are remotely controlled by a ground based pilot operator in a

controlled and restricted area. Second, the aircraft is much smaller than a manned aircraft

that the level of risk associated with its’ operation is diminished from the level of risk

associated with commercial operations contemplated by part 61. Therefore, allowing aircraft

use by a private pilot as the PIC meets or exceeds the present level of safety sought by 14

CFR 61.101(e)(4)&(5) and 61.113(a).

• §61.315(a) Sport Pilot Limitations
Section 61.315(a) limits sport pilots to non-commercial operations. However, because

the aircraft will not carry pilots or passengers and is limited in the type of operation and the

area of operation, a private pilot can achieve the equivalent level of safety for the proposed

operations as a commercial pilot. First, unlike conventional manned aircraft, UASs are

remotely controlled by a ground based pilot operator in a controlled and restricted area.

Second, the aircraft is much smaller than a manned aircraft that the level of risk associated

with its’ operation is diminished from the level of risk associated with commercial operations

contemplated by part 61. Therefore, allowing aircraft use by a private pilot as the PIC meets

or exceeds the present level of safety sought by 14 CFR 61.315(a).

• §91.7(a) Civil Aircraft Worthiness

Section 91.7(a) requires a civil aircraft to be in an airworthy condition for operation,

which accordingly includes an airworthiness certificate in accordance with 14 CFR part 21,

Subpart H. To maintain an equivalent level of safety, the PIC will ensure that the aircraft is in

compliance with the Operating Manual and the FOPM prior to each flight. Additionally, the

Pilot will still comply with 91.7(b) and ensure that the aircraft is in condition for a safe flight.

• §91.119(c) Minimum Safe Altitudes

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other

than congested areas. Crane Creative, LLC requests authority to operate up to 400 AGL over

uncontested areas. The aircraft will operate in a limited area within pre-defined boundaries

with the consent of the landowner/controller and require that all non-essential persons

remain clear of the flight area during operations. The PIC will make a safety assessment of

the risk of operating the aircraft and ensure no undue hazard is present for persons or

property. Considering the size, weight and speed of the aircraft, these protections will ensure

the equivalent level of safety of minimum safe altitudes. Compared to flight operations for

manned aircraft and the lack of flammable fuel, any risk associated with the proposed aircraft

operations is far less than conventional aircraft operating at or below 500 ft AGL. In addition,

the low-altitude operations of the aircraft will ensure separation with conventional aircraft.

• §91.121 Altimeter Settings

Section 91.121 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.” The DJI Phantom 3 Professional

does not have a barometric altimeter, but instead uses GPS altitude data. Crane Creative,

LLC establishes an equivalent level of safety by requiring the pilot to confirm that the GPS

altitude is set to zero before every flight.

• §91.151(a)(1) Fuel Requirements for Flight in VFR Conditions

Section 91.151(a)(1) requires all day VFR flights to operate with enough fuel to fly to

first point of intended landing and then for at least an additional thirty minutes.
The batteries that power Crane Creative, LLC unmanned aircraft systems provide

approximately 23 minutes of powered flight time and therefore is unable to meet this

requirement. However, the DJI Phantom 3 Professional has a low battery alarm along with a

critical battery limit that automatically sends the aircraft back to its departure point. Also,

because the aircraft will be flying in a confined area without the presence of non-essential

persons and with landowner/controller permissions, an equivalent level of safety can be

achieved by flight planning all flights to return to intended landing site with a minimum of

25% reserve power in accordance with the FOPM.

• §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) Maintenance

Inspections

Sections §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) 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 maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to Crane Creative, LLC operations. Maintenance will

be accomplished by Crane Creative, LLC in accordance with the operations manual and FOPM.

The Pilot in Command will ensure that the aircraft is in working order prior to flight and will

perform some maintenance and inspection of the aircraft and “be authorized to approve the

aircraft for return to service.” Additionally, the Pilot in Command will conduct detailed

inspections of the aircraft every 10 hours of flight. Maintenance performed by the PIC is

limited to repairing small cracks, replacing propellors, and updating software and firmware.

All other maintenance will be performed by the manufacturer.

Crane Creative, LLC will keep a log of maintenance performed. Moreover, Crane 

Creative, LLC and the PIC are most familiar with the aircraft and best suited to maintain it in

an airworthy condition.

An equivalent level of safety will be achieved because the DJI Phantom 3 Professional

is limited in size, will carry a small payload and operate only in restricted areas for limited

periods of time. If mechanical issues arise, the aircraft can land immediately and will be

operating no higher than 400 feet AGL.

VI. Privacy

There is little concern that the proposed flights will cause invasions of privacy because

flights will occur over private or controlled access property with the land owner’s prior

consent and knowledge.

VII. Public Interest

Use of the DJI Phantom 3 Professional drone is in the public interest because it is safer

for people and structures than conventional manned aircraft. First, risk to the flight crew is

virtually eliminated by using an unmanned aircraft. Second, by flying a small aircraft weighing

less than 55 pounds and carrying no fuel, risk to persons and structures on the ground is
greatly reduced. Finally, use of the DJI Phantom 3 Professional benefits the public because it

is better for the environment through reduction in noise and environmental pollution.

VIII. Federal Registry Summary

Crane Creative, LLC seeks an exemption from the following sections of Title 14 of the

Code of Federal Regulation: 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a),

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a)

and (b) to commercially operate an unmanned aircraft system for commercial purposes

including but not limited to: aerial photography, aerial videography, land surveying, and

industrial inspections.

As established by the UAS exemptions already granted by the FAA, allowing commercial

operations of UASs for aerial photography and videography will enhance safety by reducing

risk. Conventional aerial photography, aerial videography, aerial surveying, and aerial

inspections using manned aircraft present avoidable risks to flight crew and persons and

structures on the ground because the aircraft is flying at low altitudes with large amounts of

fuel. In contrast, a UAS weighing less than 55 pounds and powered by batteries eliminates

virtually all of that risk given the small size and lack of combustible fuel. Environmental risks

are also eliminated by using an aircraft that does not have emissions. Therefore, by using an

UAS for the purposes outlined by Crane Creative, LLC, the risk to persons and structures will

be significantly reduced.

IX. Conclusion

Crane Creative, LLC requests an exemption from the aforementioned sections of 14

CFR. The exemption is in the public interest because it will increase safety for persons and

structures and Crane Creative, LLC will provide an equivalent or greater level of safety as

provided for in the applicable 14 CFR sections.