January 29, 2016 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

-~:.: ~ J 

·, .. , 

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 

and Part 11 of the Federal Aviation Regulations. 

Name and Address of Petitioner: 

Nichol Davis 

Love one another photography 

31569 Silver Spruce 

Running Springs, CA 92382·1902 

951-907-3293 (Cell) 909·867-9812 (Home) njchol@loyesphotos.net 

Dear Sir or Madam: 

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

and 14 C.F.R. Part 11, Nichol Davis, the Petitioner, request exemption from the following Federal 

Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the 

National Airspace System. 

Regulations from which the exemption is requested: 14CFR 21 H 

14 CFR 45.23 (b) 

14 CFR 61.113 (A) 7 (b) 14 CFR 91.7 (a) 

14 CFR 91.9 (b)(2) 

14 CFR 91.103 (b) 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14CFR91.151 (a) 

14 CFR 91.203 

14 CFR 91.405 (a) (a) & (b) 

14 CFR 91.407 

14 CFR 91.409 

14 CFR 91.417 

14 CFR Title 14 Chapter 1 Sub D Part 60 thru 67-61.1 to 61.429 (1) (a) & (b) (a) & 

(b) 

The Petitioner wishes to be granted the exemption for use of the UAS of commercial operations 

list below. 

Applications and Operations: 

Wedding photography 

• Aria! photographs/videos of ceremonies 

• Arial photograph/videos of the receptions 

• Group photographs/videos of wedding parties 

Real Estate photography 

• Arial photographs/videos of house/land for advertising purposes. 

Advertising 
• Promotional photographs/videos for businesses. 

Landscape Photography 

• Arial photographs/videos of nature 

• Arial photographs/videos of landscapes 

Youth Camp Promotions 

• Large group photographs/videos for youth camps 

• Arial photographs/videos of camp activities. 

Small sporting events 

• Arial photography of little league and high school games as requested by the 

authorities/organizations. 

The Petitioner believes the use of the UAS's is more economical and safer to use for the 

aforementioned purposes. Use of the UAS rather than a manned aircraft is more economical to 

the consumer, and beneficial to the general public due to its small size, low noise and minimal 

potential for accident. 

Characteristics of the Aircraft: 

The UAS to be used is the DJI PHANTOM 3 which has a small22 inch wingspan and ultra-light 

making this platform perfect for aerial photographs of youth camp groups, real estate properties 

and other promotional media. Thanks to the on-board GPS and the real time monitor, this allows 

the operator to plan safely and. The onboard camera takes and collects high definition still 

images and videos that are later used to by the consumer for personal and promotional purposes. 

The four main characteristics of the DJI PHANTOM 3 are: 

1. Light Weight 

The DJI PHANTOM 3 is so light the operator can launch it by hand and let it land on almost any 

surface without requiring a parachute or landing net. Its low impact energy (in the case of a 

controlled emergency landing) also significantly reduces the risk of hazardous situations. 

2. Electric-powered 

The DJI PHANTOM 3 is electric powered. A brushless engine technology makes it silent and 

reliable. 

3. Semi-automatic flight 

The artificial intelligence incorporated within the DJI PHANTOM 3 autopilot system continuously 

analyzes data from the onboard GPS and takes care of all aspects of the flight under the 

supervision of the operator. 

4. Safety features 

Additionally, the DJI PHANTOM 3 provides an override capacity that allows the operator to use 

an option during the flight (Go to Home) which allows the UAS to automatically find it's way back 

to the ground starting point. Other safety features include a Go to Home automatic over-ride in 

case of lost signal from the remote or a critical low battery. Because of the GPS system, the UAS 

will hover in place should the operator become disoriented on flight commands until the operator 

re-orients himself/herself. It also has limiting parameters that the operator can control so ~s not 

to loose site of the aircraft. 

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation 

Regulations: The Petitioner requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of UAS's. 
-------------------

14CFR21H: Airworthiness Certificates 

Certification Procedures for Products and Parts 

Reason for Exception 

It has been determined that similar UAS's do not require an airworthiness certificate as granted in 

Exemption No. 11623, 11650, 11664 and 11734. 

14CFR45.23(b): Marking of the Aircraft 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. 

Reason for Exception 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS will have not entrance to the cabin, cockpit or pilot station on which the work 

"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). 

The FAA h~s issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 

10167 and 10167A. 

14 CFR 61.113 (A) 7 {b): Private Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person: (1) has a pilot certificate or special purpose 

authorization 

issued under this part in that person's physical possession or readily accessible. (2) The flight is 

only incidental to that business or employment. (3) The aircraft does not carry passengers or 

property for compensation or hire. 

Reason for Exception 

The Petitioner will follow all manufacturers' training program and safety manual. I also believe 

these requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA 

proposals have omitted this as a future requirement for small UAS's. 

14 CFR 91.7 (a): Civil Aircraft Airworthiness 

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy 

condition. 

Reason for Exception 

lthas been d~termined that similar UAS's do not require an airworthiness certificate, however the 

petitioner will ensure airworthiness through the combined use of the manutacflire1s Ofjeratioris 

Manual and preflight checks. 

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation; the 

documentation would not be available to the crew. 

Reason for Exception 

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. The FSS has issued 

the following exemptions to this regulation: Exemption #8607, 8737,8738, 9299, 9299A to list a 

few. 

14 CFR 91.1 03 (b): Preflight Instruction 

This regulation requires each pilot in commend 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 petitioner will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before initiation 

of flight. 

14CFR91.1 09: Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." 

Reason for Exception 

UAS's and remotely piloted aircraft; by their design so 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. 

See exemption Nos. 5778K & 9862A. The equivalent level of safety provided by the fact that 

neither a pilot nor passenger will be carried in the aircraft and by the size and speed of the 

aircraft. 

14 CFR 91.119: Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a 

maximum of 400 feet AGL, we cannot comply with this requirement. 

Reason for Exception 

The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing 

residential areas that may be considered congested areas. That will not always be the case when 

providing a 'Property Survey' flight because they could be conducted over empty lots or acreages 

with no structures. In the case of flying over or near existing private property while providing aerial 

imagery, property inspections, and property assessments, landowners will be notified in person 

by the Petitioner, or by a card left behind by the Petitioner if requested. The Petitioner will review 

with the landowners of associated risks to people and property. Due to the small size of the UAS 

the associated risk to persons, vessels, vehicles and structures is not comparable to manned 

aircraft and should be taken into consideration. 

14 CFR 91.121: Altimeter Settings 

This section requires that each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18,000 feet MSL. 

Reason for Exception 

Most UAS do not have a barometric altimeter. If does have a GPS that will calculate altitude. The 

Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 

11623, 11664, and 11734. 

14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions 

Fuel requirements for flight in VFR conditions: (a) No person may begin 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. 

Reason for Exception 

The UAS provides a low battery warning to indicate when you should return the UAS to the 

launch point. In addition, a "low" and "critical" battery level warnings and implemented a "return to 

Home" (or "Go land") action in these situations. The Petitioner will not initiate a flight unless 

(considering wind and forecast weather conditions} there is enough power to fly at normal cruising 

speed to the intended landing point and all flights will be conducted during daylight hours and at 

times not to be a nuisance to others. 
.-

14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation 

provides as follows: 

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness 

certificate. 

• 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 19.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. 

Reason for Exception 

To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be 

housed at a ground control point where the pilot is flying the UAS for immediate access to the 

extent they are applicable to the UAS's. In doing some research the FAA has issued numerous 

exemptions to this regulation. 

14 CFR 91.405 (a): Maintenance Inspections 

Each owner or operator of an aircraft- (a} shall have that aircraft inspected as prescribed in 

Subpart Eof 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. 

Reason for Exception 

The Petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow the 

manufacturer's recommended preflight checklist and make any repair necessary before flights 

occur. The Petitioner will also maintain a log of any maintenance or repairs performed. 

14 CFR 91.407 {a) {1 ): Maintenance 

Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person 

may operate any aircraft that has under gone maintenance, preventative maintenance, rebuilding, 

or alteration unless (1) it has been approved for return to service by a person authorized under 

43.7 of this chapter. 

Reason for Exception 

The Petitioner who has the responsibility for the operation and safety of the UAS will follow the 

manufactures suggested replacement parts. 

14 FR 91.409 (a}{l) & (2): Inspections 

Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had (1) an annual inspection in 

accordance with part 43 of this chapter and has been approved for return to service by a person 

authorized by 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. No inspection performed under paragraph 

(b) of this section may be substituted for any inspection required by this paragraph uriless it is 

performed by a person authorized to perform annual inspections and is entered as an "annual" 

Inspection in the required maintenance records. Reason for Exception 

The Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for 

safe flight at all times. 

14 CFR 91.417 (a) & (b): Maintenance Records 

Except for work performed in accordance with 91.411 and 91.413 each registered owner or 

operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(ili)(iv)(v)(vi) for the periods specified 

in paragraph (b) of this section: (1) (2) (3) 

Reason for Exception 

The Petitioner will keep a record of aU repairs and modifications. The Petitioner also proclaims to 

use approved manufactured parts for all repairs and modifications. 

14CFR Title 14 Chapter 1 Subchapter 0 Parts 60 thru 67-61.1 to 61.429: Pilot Certification 

This section pertains to flight rules, pilot certificate requirements, manuals, etc. 

Reason for Exception · 
--------------------

The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights 

and current FSS proposals have omitted this as a future requirement for small UAS's. 

In Conclusion: 

I, Nichol Davis, the Petitioner, request for exemption from the above mentioned Federal Aviation 

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National 

Airspace System in order to perform the Applications and Operations pertaining to my 

photography industry in a safe and controlled environment. The Petitioner hopes for a timely 

consideration as I have made a considerable investment in time and finances on this project. 

Sincerely, 

Nichol Davis \ 

\ 

\~ 

(\"' ~ 

31569 Silver Spruce 

Running Springs, CA 92382 

951-907-3293 (Cell) 909-867-9812 (Home) njchol@lovesphotos.net