Request for Section 333 Exemption Videography and Photography 

02/29/2016

by/for

John Tellez

This document constitutes an exemption Request under Section 333 of the FAA 

Modernization and Reform Act of 2012 for Aviation Unmanned to perform Aerial 

Photography & Videography by/for John Tellez.

The main use of this UAS would be taking real estate and golf course photos and 

videos. The UAS that I plan to use is a DJI PHANTOM 3 ADVANCE.

1. The safe operation to the UAS and/or persons and/or property will be kept to a 

minimum by always flying the UAS within visual eye contact, less than 400 ft above 

ground and never directly above persons or public places. The orientation of flights will 

be such that the pilot in command (PIC) always has a visual on the rear mounted LED 

flight Indicator. Additional safety features on the DJI PHANTOM ADVANCE 3 include 

return to home, low voltage, enhanced fail-safe. All operations will include a visual 

observer (VO) aiding the PIC.

2. Preflight inspection would consist of checking battery condition/level in both the 

transmitter and UAS. The binding/link feature will not let the UAS start if 

communication is not established. A check for power---lines, antennas and other overhead 

objects would be performed. Wind conditions would be monitored and be a factor for

flying.

3. The radio frequency of the DJI PHANTOM 3 ADVANCE is in 2.400GHz-2.483GHz 

range. Maximum takeoff weight less than 1280g. Max Ascent speed 5 m/s, max descent 

speed 3 m/s. Maximum flight speed 16 m/s (ATTI mode, no wind).

4. The PIC will only be myself. I have approximately 40 plus flights with the DJI 

PHANTOM 3 ADVANCE in a hobbyist manner. I currently hold a Small UAS 

Certificate of Registration (FA3WMECWPX) that expires February 15, 2019. I have a 

valid Arizona driver’s license and in the process of obtaining a Sport Pilot Certificate

(SPC) along with a medical certification in accordance with 14 CFR part 67. The 

quadcopter will only be flown commercially when the SPC is obtained. Testing, 

updating, and programming the DJI PHANTOM 3 ADVANCE firmware would be 

done on a monthly schedule.

5. I am in good medical health and sound mental health.

6. The intended use of this DJI PHANTOM 3 ADVANCE is to provide aerial images

and video for real estate companies and golf courses --an option that had not been viable 

for these businesses until the recent boom in quadcopter popularity
7. All photo flights for hire would have the date, time, GPS coordinates along with the 

camera metadata recorded on a hard drive. This data would be kept readily available

for a period of 1 year after each aerial flight for hire.

8. In use flight time for UAS operation during real estate projects would be no more 

than 40 minutes. Each battery lasts approximately 20 minutes of uninterrupted flight 

and I own two batteries.

9. Proximity of local airports: there is one airport and three airfields in my area of 

operation- Tucson International Airport, Davis Monthan AFB, Ryan Airfield, and Avra 

Valley Airport. The UAS will not be operated within 5 miles all airports or airfields. 

Note: The latest firmware for the DJI PHANTOM 3 ADVANCE will not allow the 

quadcopter to operate within a no fly zone (airports, etc) in compliance to FAA rules 

and regulations.

Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21

Along with Sections: 14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R . 91.119 (a) (b) & (c)

14 C.F.R. 91.121

14 C.F.R. 91.405 (a)

14 C.F.R. 91.407 (a) (1)

14 C.F.R. 91.409 (a) (2)

14 C.F.R. 91.417 (a) & (b)

The petitioner requests relief from the following regulations:

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and 

changing design approvals, production approvals, airworthiness certificates, and 

airworthiness approvals.

Section 45.23 (b) prescribes, in pertinent part, that 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.

Reason for relief: The body of the DJI Phantom is too small to support this size of 

markings.

Action: The UAS will be marked with the business name, contact information and word 

“Provisional” made as large as possible. In addition the serial number is listed with the 
manufacture and searchable on the internet.

Section 61.113 (a) & (b) prescribes that—

(a) 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; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if:

Reason for relief: (A) & (B) The flights are only incidental to the business of 

photography. This UAS is too small to carry a pilot or passenger and will not carry or 

deliver any personal property for hire. In addition obtaining a private pilot certificate 

would be an unnecessary requirement and/or hardship for the purpose of unmanned 

aerial photography.

Action: The only payload for this exemption is a fixed camera. No other 

payload/payloads will be allowed.

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless it is in an airworthy condition.

Reason for Relief: Airworthy condition is not defined in the Phantom 3 Advance 

manual.

Action: An airworthy preflight inspection would be checking battery condition/level in 

both the transmitter and UAS. The binding/link feature will not let the Phantom 

Advance 3 start up if communication is not established. Check for power---lines, antennas, 

and other overhead objects would be performed. Wind conditions would be monitored 

and be a factor for flying.

Section 91.9(b)(2) prohibits operation of U.S.---registered civil aircraft 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.

Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft 

Flight Manual.

Action: There is a “Checklist before every flight” instruction tag attached to the body of 

the Phantom 3 Advance that will be followed and on page 44 of the user manual.

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, 

no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on thesurface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or 

over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft.

Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated 
closer than 500 feet to any person, vessel, vehicle, or structure. 

Reason for relief: This UAS Phantom quadcopter at most times would be operated at 

less than the minimums prescribed in paragraph (b) or (c) of this section. The regulation 

states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the typical photo assignment 

would be photography of real estate structures and or vacant land it would be 

necessary to operate closer than 500 feet.

Action: Operations will only be flown over property where permission has been 

obtained and careful pre---planned has been performed. If/when the low battery LED 

flashes the UAS will be landed in a safe manner.

Due to the small size and weight of the Phantom 3 Advance, the hazard to persons, 

vehicles and structures is minimal compared to manned aircraft.

Section 91.121 requires, in pertinent part, 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. 

Reason for relief: The Phantom 3 Advance is not equipped with an altimeter and can 

hover within a 10 foot radius in all directions. There is no minimum cruising speed and 

it will not be launched from an airport.

Action: The above ground level height will be less than 400 feet programmed into the 

firmware and never flown out of visual eye contact or at night.

Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall 

have that aircraft inspected.

Reason for relief: There is no certified inspection facility, and the Phantom 3 Advance 

will not power on if it fails the POST (power on self-test).

Action: In the event that the Phantom 3 Advance needed inspection for any major or 

intermittent problems it would be safer to replace the entire UAS.

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or alteration 

unless it has been approved for return to service by a person authorized under section 

43.7 of the same chapter.

Reason for relief: Replacement of props, motors, and batteries should be allowed by 

the operator. In addition updating firmware when required should be allowed. Action: 

Parts will be genuine factory replacement. Only manufacture approved firmware will 

be uploaded.

Action: Parts will be genuine factory replacement. Only manufacture approved 

firmware will be uploaded.

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had an inspection for the 

issuance of an airworthiness certificate in accordance with part 21 of this chapter.
Reason for relief: There is no certified inspection facility or process for the Phantom 3 

Advance. Estimated flight times for photo shoots would be less than 30 minutes 

possibly 2 times a week which would be approximately 60 minutes of flight time per 

week.

Action: When any flight or intermittent problem become apparent and is not remedied 

by a simple repair the entire UAS would be replaced by the same model or as close to 

the DJI Phantom 3 Advance.

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator 

shall keep the following records for the periods specified in paragraph (b) of this

section:

Reason for relief: Due to the popularity, simplicity, size and limitation of the Phantom 

3 Advance this could become an overburden for the owner/operator and any 

regulating agency.

Action: All photo flights for hire would have the date, time, GPS coordinates along with 

the camera metadata recorded on a hard drive and also backed up to a DVD. This data 

would be kept readily available for a period of 1 year after each aerial flight for hire.

Public Interest: Granting my request would be in the public interest by giving an 

opportunity for real estate and golf course photographers to offer safer and more 

competitively priced aerial photography and videography to the general public.

Adversely affect safety: This exemption would not adversely affect the safety of the 

general public due to the size, weight and keeping the UAS in visual sight. In 

comparisons to aerial photography from a manned aircraft, low altitude photography 

from a UAS would be safer and have less of an environmental impact.

Additional view/comment: As an avid golfer the need to offer photography from a 

UAS is something that will help my business and clients. Granting an exemption would 

empower me to lead by example and promote responsible UAS piloting and etiquette. 

The DJI PHANTOM 3 ADVANCE will not be flown at night and never in the flight path 

of manned aircraft. Being vigilant and always maintaining visual eye contact on the 

22mm LED flight indicator is of utmost importance to responsible UAS piloting. My 

goal is to offer aerial real estate and golf course photography/videography at a 

competitive rate for the general public in the safest way possible.

Sincerely, 

John Tellez J.D.

5350 N. Mesquite Bosque Way, Tucson, AZ 85704. CELL: 520-305-5212