Via the online Federal Docket Management System (FDMS)

June 14, 2015

United States Department of Transportation

Federal Aviation Administration

800 Independence Ave, SW

Washington, DC 20591

Re: Exemption Petition under Section 333 of FAA Modernization and Reform Act

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Public Law 

112-95), and 14 C.F.R. 11.81, I am requesting a Section 333 exemption authorizing my

company’s commercial use of small unmanned aircraft systems (UAS) in the National Airspace 

(NAS). This request contains six major sections: (1) proposed operator identifying information 

and planned commercial use of unmanned aircraft (UA); (2) specific information on the UA

platform I intend to use; (3) specific information on the pilot-in-command (PIC) for my intended 

use; (4) specific information on the operating parameters for all UA flights; (5) a statement on 

why an exemption will benefit the public as a whole; and (6) a detailed list of Title 14 C.F.R. 

provisions that I seek an exemption from.

Section 1 – Proposed operator and planned commercial use of the UA

My name is Mark Garrison, and I am the owner of Audio Video Installation, LLC, 507 

7

th Street, Shenandoah, Virginia 22849. My e-mail is mark@audiovideoinstallationsinc.com. I 

have an extensive background using UAS. I have been a remote control enthusiast for 

approximately twenty-five years. I have hundreds of recreational flying hours with both 

unmanned helicopters and quadcopters. I own and recreationally fly several variants of the 

Blade CFX series helicopter, and I also build and maintain my own helicopters and quadcopters. 

I am also familiar with, and have flown, the DJI Phantom. I am an electronic technician by 

trade, with a vast knowledge of electronics and software, including the hardware and software 

systems used to operate a UA.

I am requesting this exemption in order to provide aerial photography services in the 

following areas: real estate marketing; commercial advertising/marketing; construction/utility

inspections; and agricultural surveys/inspections. I also intend to provide academic community

awareness about the safe and proper use of a UA, both recreationally and commercially. The 

region I live in, the Shenandoah Valley, is predominantly rural and agricultural, but is 

experiencing strong economic growth in its seven counties and five independent cities. Based on 

my interaction with numerous commercial clients in the region, I know that many of them are 

 

 AUDIO VIDEO 

 

 INSTALLATIONS
looking for the aerial photography services I intend to provide. Currently, the only options for 

these businesses are cost-prohibitive manned aircraft or an unauthorized commercial use of a 

UA. I intend to fill this community need for commercial UA aerial photography with trained and 

certified individuals, as explained in more detail in the following sections.

Section 2 – The UA Platform

For the purposes of this exemption request, I intend to use a DJI Phantom 3. The FAA 

has previously approved exemptions for the Phantom 2 (Exemption No. 11373, No. 11384), 

Phantom 2 Vision (No. 11373, No. 11457), and Phantom 2 Vision Plus (No. 11300, No. 11138). 

The Phantom 3 is the newest version of these platforms. It weighs approximately 2.8 pounds and 

offers the following features: GPS location capability, a “Return to Home” feature that can be 

triggered manually or automatically activate if the UA loses communication with the PIC or 

detects a low battery, the ability to provide “live view” to the PIC, a 2.4 GHz working frequency, 

a max speed of approximately 31 knots (35 mph), and approximately 23 minutes of flight time 

per battery. Further information on the Phantom 3 can be found in the enclosed Phantom 3 User 

Manual.

Section 3 – The PIC of the UA

One of my employees, Jordan Robison, possesses a private pilot’s license (#2734195) 

and third class medical certificate, copies of which are enclosed with this petition. Mr. Robison 

has over 157 hours of flight experience with 433 VFR take-offs and landings. Mr. Robison will 

be the PIC for all flights until I am able to obtain a recreational or private pilot’s license. 

Based on my experience with operating UA, I believe that additional training is required 

before a PIC can safely operate a UA. I have therefore conducted recreational familiarization 

and training flights with Mr. Robison on both the Ares Spectre X UA and Helimax 230Si 

quadcopter UA platforms. Using two different systems provides a variety of different situations 

that greatly increases a PIC’s proficiency in UA operations. The Ares Spectre X does not 

contain GPS stabilization, which requires advanced PIC proficiency. The PIC must demonstrate 

the ability to perform evasive and emergency procedures, and maintain appropriate standoff 

distances from persons, vessels, vehicles and structures. All commercial training with the 

Phantom 3 will be conducted in accordance with the operating parameters listed below.

Section 4 – UA Operating Parameters

To ensure safe operation of UA in a commercial manner, I intend to use the following 

“Operating Parameters” for all commercial uses of UA under this requested Section 333 

exemption:

 At all times

o I, as the “operator” under the requested exemption, will be responsible for the proper 

performance of all of the below listed conditions, including confirmation that the UA

is safe to operate.
o Any Phantom 3 used under a granted exemption will be marked with serial number 

(14 C.F.R. part 47) and an identification number, or N-number (14 C.F.R. part 45, 

Subpart C).

 Pre-flight

o Mandatory training for the PIC on a UA and the Phantom 3. There will be no 

commercial use of the Phantom 3 until PIC has ten hours of UA flight time that 

includes three hours of Phantom 3 flight time.

o Mandatory training of the visual observer (VO). The VO must have ten hours of noncommercial UA flight time that includes three hours of Phantom 3 flight time.

o Functional flight checks more than 500 feet from people or structures following any

maintenance or alteration to the UA.

o Pre-flight checklist:

 Ensure required maintenance is conducted, and recorded, in accordance with 

Phantom 3 User’s Manual. Verify no new Safety Bulletins for the Phantom 3.

 Conduct a site visit to determine any risks to safe operation of the UA, and 

review the weather forecast.

 Do not fly the UA if winds exceed 15 mph. Do not fly the UA less than 500 

feet below or less than 2000 feet horizontally from a cloud, or when visibility

is less than 3 statute miles from the PIC.

 Ensure PIC possesses signed permission forms from property owners of any 

structures, vessels, or vehicles within 500 feet of the UA flight.

 The PIC and VO will be designated in writing in a flight event log.

 Ensure user’s manual, training and maintenance logbooks, exemption 

approval, and applicable COAs are taken to flight location.

 The UA must have a 100% full battery, with a spare battery available.

o For flights within five miles of an airport, the PIC will notify the airport and seek 

permission prior to the flight.

 Flight

o All flights will be controlled by a PIC with private pilot’s license and medical 

certificate. All flights will also have a VO. The VO and PIC will be in visual line of 

sight (VLOS) with each other and the UAS at all times. Once designated, a VO and 

PIC cannot transfer duties or designation during a flight. The PIC will not operate the 

UAS from a moving vehicle.

o Signs will be posted that say “Caution – Unmanned aerial vehicle in operation. Stay

100 feet from aircraft.”

o The UA will not be operated at speeds above 15 mph. Most flights will be at speeds 

significantly lower than 15 mph, or at a hover, to capture suitable imagery.

o No flights will be over 400 feet AGL; I believe the vast majority of flights will be 

below 200 feet AGL.

o All flights will be conducted during daytime hours.

o The PIC will not operate the UA within 500 feet of non-participating persons, vessels, 

vehicles, or structures unless the owner of such vessel, vehicle, or structure grants

permission and the PIC makes a specific finding that operating within the 500 feet 

limit does not pose an undue hazard.
o If communication is lost with the UA, it will automatically execute its Return to 

Home feature. If the PIC encounters an unexpected condition that creates an unsafe 

operating environment, the PIC will manually trigger the Return to Home feature.

o If the UA reaches a battery level of 20%, the PIC will end the flight.

o The PIC will cease flight operations if he encounters manned aviation activities at the 

scene.

 Post-flight

o Log flight data in PIC logbook.

o Log hours and flight data in the UA log book.

o Review flight telemetry in Phantom 3 software application.

o Perform any required maintenance.

Section 5 – Benefit to the Public as a Whole

The requested exemption will benefit the public as a whole in three ways. First, I will be 

able to provide sought-after services that will help facilitate economic growth with minimal risk 

to the community. Manned aircraft, including helicopters, weigh significantly more than a UA, 

and carry crew members and large fuel loads. Any failure of mishap involving one of these 

aircraft could be catastrophic and put many lives at risk, as well as cause significant 

environmental damage. A UA can accomplish this same aerial service with a shorter flight 

duration (take-off and landing at the scene of the image capture), a much reduced distance 

traveled, and significantly less risk of catastrophic injury due to its size and lack of combustible 

fuel. Second, UA-based aerial imagery can be provided at a significantly reduced cost to 

consumers, especially small businesses and farmers, compared to the rental of a manned aircraft. 

Third, because there are very few to no businesses operating with Section 333 exemptions in this 

region, I would be able to share lessons learned about the commercial operation of UAs with 

local commerce support groups and UA enthusiasts. 

Section 6 – Requested exemptions

Following is a list of relevant rules I request an exemption from, along with how I will 

provide an equivalent measure of safety:

 14 C.F.R. Part 21 – Airworthiness Certificates

o I request relief from the aircraft certification procedures in 14 C.F.R. Part 21, and 

any associated noise certification and testing requirements of part 36. The UA I 

intend to operate does not carry fuel, property or passengers. The UA’s size, 

weight, speed, limited operating area, and the conditions and limitations that 

would be present in a granted exemption will provide an equivalent level of safety 

under Section 333 of P.L. 112-95, 49 U.S.C. § 44701(f), and 49 U.S.C. § 44704.

 14 C.F.R. 61.23(a) and (c)

o This subsection requires a private or recreational PIC to possess a third-class 

medical certificate. Initially, this requested exemption will not be needed because 

my PIC possesses a third-class medical certificate, but I intend to apply for a 

recreational pilot’s license so I can also act as the PIC. The FAA has previously

determined that a recreational pilot can safely perform commercial operations of 
the type I am requesting without a third-class medical certificate if he possesses a 

valid U.S. driver’s license. See Exemption No. 11213 (Aeryon Labs).

 14 C.F.R. 61.101(e)(4) and (5) – Recreational Pilot Privileges

o These subsections prohibit a recreational pilot from acting as a PIC “for 

compensation or hire” or “in furtherance of a business.” Initially, this requested 

exemption will not be needed because my PIC has a private pilot’s license, but I

intend to apply for a recreational pilot’s license so I can also act as the PIC. The 

FAA has previously determined that a recreational pilot can safely perform

commercial operations Exemption No. 11213 (Aeryon Labs).

 14 C.F.R. 61.113(a) and (b) – Private Pilot Privileges

o This regulation limits private pilots to non-commercial operations. My UA will 

not carry a crew, passengers, or property and weighs significantly less than a 

manned aircraft, and thus carries much less risk to the public. The risks addressed 

by this regulation can met with an equivalent or better level of safety through the 

use of the Operating Parameters identified in this petition. The FAA has 

previously determined that a private pilot can safely perform commercial 

operations of the type I am requesting, without adversely affecting operations in 

the NAS, in Exemption Nos. 11300 (Extreme Media Productions) and 11062 

(Astraeus Aerial).

 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

o This regulation requires an aircraft to have an airworthiness certificate. I believe 

this regulation is inapplicable to UAS, which do not have standards for 

airworthiness in the FARs. The preflight checks and Operating Parameters 

identified in this petition request will provide an equivalent level of safety. The 

FAA has previously affirmed an exemption to this requirement in No. 11300 

(Extreme Media Productions) and No. 11373 (The Dobbins Company).

 14 C.F.R. 91.9(b)(1) – Required Manual on Aircraft

o This regulation requires that an approved Flight Manual be located “in the 

aircraft” during operation. Because there is no pilot in the UA, this regulation is 

inapplicable. I intend to provide an equivalent or better level of safety by 

requiring the PIC to have the UA’s user manual with him at the ground control 

station during all flights. 

 14 C.F.R. 91.119(c) – Minimum Safe Altitudes

o This regulation identifies the minimum safe altitudes for civil aircraft in various 

condition; the lowest allowable altitude being 500 feet above the surface. I 

request an exemption because my UA will never operate at an altitude greater 

than 400 feet AGL. My intent to operate my UA away from public areas and 

traffic, along with the size, weight, maneuverability and speed of my UA, will 

ensure an equivalent or better level of safety than this regulation. Additionally, 

the Operating Parameters identified in this petition will further ensure protection 

of the public. The FAA has previously affirmed an exemption to this requirement 

in No. 11300 (Extreme Media Productions) and No. 11373 (The Dobbins 

Company).

 14 C.F.R. 91.121 – Altimeter Settings

o This regulation requires aircraft to contain an altimeter. The regulation is 

inapplicable to my UA, which used electronic global positioning systems and a 
barometric sensor for altitude information. The FAA has previously affirmed an

exemption to this requirement in No. 11300 (Extreme Media Productions) and 

No. 11373 (The Dobbins Company).

 14 C.F.R. 91.151(a)(1) – Fuel Requirements in VFR

o This regulation establishes fuel requirements for operating an aircraft in VFR 

conditions. The regulation is inapplicable to my UA because it operates on 

battery power and not fuel. I intend to ensure an equivalent or better level of 

safety than this regulation by only beginning flights with a 100% charged battery, 

and using the Return to Home feature when the battery level reaches 20%. 

Additionally, the Phantom 3 possesses an Intelligent Flight Battery that will 

automatically trigger the Return to Home feature if it detects a situation where 

remaining battery power could affect the safe return of the UA.

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) –

Maintenance Required

o These regulations establish inspection and maintenance parameters for aircraft 

that possess airworthiness certificates. The regulations are inapplicable to my

operation of a UA which will be exempt from requiring an airworthiness 

certificate. I intend to provide an equivalent or better level of safety by 

complying with the manufacturer’s user manual for maintenance and inspection 

of my UA. I will also conduct pre-flight checks and inspections as identified in 

the Operating Parameters listed in this petition.

Conclusion

I believe my proposed commercial use of a UA for various forms or aerial photography 

will not create a hazard to users of the national airspace system or the public or pose a threat to 

national security. I intend to make safety the number one priority of my commercial UA use, 

and intend to abide by the Operating Parameters identified in this petition. I also believe my 

commercial UA use will benefit the public as a whole because I will be able to offer a safer and 

less expensive option for small businesses to take advantage of the many wonderful uses of 

aerial photography. Providing this service will also meet the Congressional intent to “safely 

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

Sec. 332 of the FAA Modernization and Reform Act of 2012. I therefore respectfully request 

approval of my petition for a Section 333 exemption.

Respectfully submitted,

Mark Garrison

Audio Video Installation, LLC

507 7th Street

Shenandoah, Virginia 22849

mark@audiovideoinstallationsinc.com