Aug 10, 2015 

Dear Sir or Madam: This application is being submitted on my own behalf without legal counsel or 

consulting services. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Phantom Aerial Solutions, operator of Small Unmanned Aircraft Systems (“SUASs”) 

equipped to conduct aerial photography and videography, hereby applies for an exemption from the 

listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its SUASs, 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 333.1 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive SUAS under controlled conditions in airspace that is 1). Limited 2).

Predetermined and 3). controlled. The proposed exemption, if granted, would allow Phantom Aerial 

Solutions to conduct commercial operations of small unmanned aircraft systems (“UAS”) meeting or 

exceeding all of the operational and safety requirements Congress has set forth in Section 333. 

Phantom Aerial Solutions is an Aerial Photography company that plans to exploit the capabilities of 

Unmanned Aerial Systems to offer a multitude of services, including: 

- Aerial surveying - Search and Rescue - Event Photography /Videography - Agriculture purposes -

Real Estate Photography - Aerial filmmaking and photography - Construction site inspections and 

monitoring - Wildlife and forestry monitoring - Educational and research operations - Business 

Advertising 

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides 

a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 

333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in 

the national airspace system before completion of the (comprehensive) plan and rulemaking required 

by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), 

Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” 

if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS 

operations. 

The Petitioner Requests Relief From the Following: Regulations from which the exemption is requested: 

14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14

C.F.R. 91.205 (b) 

2 

14 C.F.R. 91.215 14 C.F.R. (91.401 - 91.417) 

Unmanned Aircraft System 

SUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and 

personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public 

safety. 
We are petitioning for exemption to enable Phantom Aerial Solutions, to operate a DJI Phantom 2 Vision 

Plus or DJI Phantom 3 equipped with three-axis gimbals and using High-Def. cameras. These SUAS have a 

built- in capability to limit the height it flies above the ground, to limit the radius of the distance it flies 

from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature. The 

Phantom 2 Vision + and the Phantom 3 have the failsafe function of the Naza-M autopilot system, 

which means when the communication between the Main Controller and the transmitter is 

disconnected, the outputs of all command sticks from controller will go to the center position. If the GPS 

signal is good enough, the system will automatically trigger Return to Home and will land safely. 

The above specifications meet with the Model Aircraft Operating Standards as set below: 

• Phantom Aerial Solutions, will only operate its SUAS in line of sight of a pilot and/or observer and will 

operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in 

the FOPM. Such operations will insure that the SUAS will "not create a hazard to users of the national 

airspace system or the public." 

• When flying SUAS within 3 miles of an airport, airport operators will be notified and the operator will 

give the right of way to avoid flying in the proximity of full-scale aircraft. • Maximum flight time for 

each operational flight will be 30 minutes. • Flights will be terminated at 25% battery power reserve 

should that occur prior to the 30 minute limit. 

• The SUAS will be programmed so that it will not be operated at an altitude of no more than 500 feet 

AGL, and not more than 200 feet above an elevated platform from which filming is planned. 

• Minimum crew for each operation will consist of the SUAS Pilot, and Visual Observer. 

 

• The SUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, 

lens, and gimbal). 

• The SUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move 

vertically and horizontally. 

• Given the small size of the SUAS and the restricted sterile environment within which they will operate, 

our SUAS operations adhere to the Reform Act's safety requirements. 

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on 

combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current 

risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With 

a small payload and maximum flight time of only 25 minutes, this offers little or no risk to national 

security. 

Low level oblique photos and video from several angles are far more effective than ground based 

imagery for displaying the characteristics of large, complex properties with several buildings and large 

trees. The applicants in the past have chartered 2-seat full-sized helicopters for this purpose, which has 

proven more costly than many potential clients have been able to afford. The benefits of reduced cost 

and improved quality of presentation from the UA will be valuable to and benefit many buyers and 

sellers of real property. 
Additionally, we request that we be allowed to use our system to benefit first responders nearby who 

might require assistance, including fire fighters, the police, the sheriff, etc. all while remaining subject to 

all limitations cited in this application as we do so. 

 a. No flight will be made with a Gross weight exceeding 55 pounds; 

 b. All operations must occur in FAA Class G airspace at no more than 500 ft. AGL, at an airspeed of no 

more than 50 knots and no further than 1.5 NM from the PIC; 

 c. All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by 

voice at all times during a flight operation. 

 d. Operations will be restricted to flights over private property with the permission of the property 

owner. 

 e. All required permits/licenses will be obtained from state and local government prior to operation.

f. Phantom Aerial Solutions will not operate over densely populated areas 

 g. Phantom Aerial Solutions will not be operating over any open-air assembly of people.

 h. Phantom Aerial Solutions, will not be operating within 5 NM of an airport or heliport. 

We respectfully request exemption under Section 333 to enable Phantom Aerial Solutions, to operate 

efficient, limited, low-risk commercial SAUS operations for the activities stated respecting at all times 

the space and privacy of citizens and property whilst keeping our skies safe. 

Sincerely, 

Troy Ballard - Owner Phantom Aerial Solutions 520-269-3062