July	6th, 2015

Federal	Aviation	Administration

U. S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave,	SE

Washington,	DC	20590

RE:	Exemption	Request	under	Section	333	of	the	FAA	Reform	Act	of	the	Federal	Aviation	

Regulations	

Dear	Administrator,

I,	Whitney	Hassett,	am	writing	to	petition	for	exemption	from	the	Federal	Aviation	

Regulations listed	in	accordance	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	

of	2012 in	order	to	conduct	unmanned	aircraft	system (UAS) operations	as	described.

The	requested	exemption	would	permit	the	applicant to	pursue	professional	services	to	

private	and	public	entities	within	the	State	of	Oregon	and	adjoining	states	for	the	use	of a

UAS for	the	following	purposes:

• Aerial	Photography	and	Videography

• Photogrammetry

Name and	Address of	the	Applicant:

Whitney	Hassett

3011	SE	Brooklyn	St.	

Portland,	OR	97202

whitneyhassett@gmail.com

970.422.6674

Intended	UAS	Operations

The	intended	operation	is	to	photograph	and	film	natural	and	conserved	lands	for	nonprofit,	academic,	and	environmental	organizations.		Prior	to	flying,	detailed	maps	and	GIS	

data will	be	obtained,	and	site	walks	will	be	performed.	The	UAS	to	be	utilized	is	a	quadrotor	aircraft,	the	DJI	Phantom	3	Professional	(see	Appendix	A).	The	DJI	Phantom	3	will	

only	be	operated	in	safe,	open	environments	with	minimal	obstructions,	away	from	heavily	

populated	areas,	power	lines,	buildings	and	other	infrastructure.	Operation	will	not	occur	

near	any	airports.	The	UAS	will	always	be	operated	within	visual	line	of	sight	in	accordance	

with	the	statutory	mandate	under	Section	333	(1).	A	pre-flight	safety	risk	assessment	will	

be	carried	out	in	accordance	with the	user	manual	(see	Appendix	C).	 Flight	operations	will	

be	subject	to	strict	operating	protocols	and	conditions	to	ensure	at	least	an	equivalent	level	

of	safety	is	achieved	as	authorized	operations	using	manned	aircraft.	
Public	Interest	and	Benefit

The	petitioner	is	currently	in	a M.S.	program	in	Ecology	at	Washington	State	University,	and	

has	worked	with	a	variety	of	environmental	organizations	in	the	Pacific	Northwest.	The	

intent	of	the	proposed	services	are	for	enhancing	conservation	projects	throughout	the	

Northwest	by	providing	film,	photography	and	photogrammetry	to various environmental,	

academic,	and	non-profit	agencies. The	petitioner	will	provide	much-needed	services	to	

these	organizations	in	order	to	collect	data	(photogrammetry)	as	well	as	provide	visual	

media	for	public	outreach	and	marketing	campaigns.		The	use	of	an UAS	will	provide	an	

unobtrusive	way	to	photograph	and	film	natural	areas	from	a	perspective	not	possible	

through	manned	aircraft,	and	at	a	much	lower	cost.

Aircraft	Specifications	and	Safety	Considerations	

The	UAS	to	be	utilized	is	a	quad-rotor	aircraft,	the	DJI	Phantom	3	Professional (see	

Appendix	A). The	DJI	Phantom	3	is	equipped	with	a	three-axis	gimbal	and	4K,	12	megapixel	

camera.		The	aircraft	weighs	less	than	three	pounds	and	is	controlled	via	a	ground	

transmitter	connected	to	a	tablet	or	smartphone.		It	is	an	advanced	UAS	with	important	

safety	features	such	as GPS	lock,	position	hold	stabilization,	and	automatic return	to	home	

when	the	battery	life	is	low	or	the	GPS	signal is	lost.	The DJI Phantom	3 is	battery-powered	

and	uses	no combustible fuel.

The	ground	station	relays	altitude,	groundspeed,	GPS	location,	and	battery	life	for	both	

ground	transmitter	and	aircraft,	with	visual	and	audible	alerts	for	low	battery,	loss	of	GPS	

signal,	and	communication. The operating frequency of the ground transmitter is 2.400 GHz2.483 GHz. The	UAS	has	speed	and	altitude	limitations,	restricting	flight	to no	more	than	

400	vertical	feet,	a	max	ascent	speed	of	5	meters/second,	and	max	horizontal	flight	speed	

of	16	meters/second.	Pre-flight	inspection	and	protocols	will	be	completed	before	every	

flight according	to	the	flight	manual	(see	Appendix	C),	and	a	strong	GPS	signal	will	be	

established	before	taking	flight. Maintenance	and	repair	will be	carried	out	according	to the	

flight	manual.

The	petitioner,	or	pilot	in	command	(PIC), has	become	familiar	with	aerial	film	and	

photography	over	the	past	two	years,	and	has	accumulated	over	100+	hours	of	flying time	

using the	DJI	Phantom	UAS’s in	a	variety	of	environments	and	conditions,	and	50	hours	of	

flight	time	specifically	with	the	DJI	Phantom	3.	The	PIC	would	utilize a	visual	observer	to	

aid	in	flight planning	and	operation,	and	the	UAS	would	be	operated	in	the	visual	line-ofsight	of	both	the	PIC	and	observer.	The	UAS	would	only	be	operated	by	the	PIC,	and	only	

within	daylight	hours.	

Exemptions	Requested	for	the	following	regulations	of	Title	14:
The	requested	exemptions	would	permit	the	operation	of	a	DJI	Phantom	3	Professional	

UAS to	capture	still	images	and	video.

14 CFR Part 21

14 CFR §21.173

14 CFR §45.23(b)

14 CFR §61.113(a)(b); 61.133(a)

14 CFR §61.113 (a)

14 CFR §61.133

14 CFR §91.7(a)

14 CFR §91.9(b)(2)

14 CFR §91.109(a)

14 CFR §91.119

14 CFR §91.121

14 CFR §91.151(a)

14 CFR §91.401 - 91.417

Extent	of	Requested	Relief

Part 21, Subpart H

§21.173 Eligibility.

Any registered owner of a U.S.-registered aircraft (or the agent of the owner) may apply for an 

airworthiness certificate for that aircraft. An application for an airworthiness certificate must be 

made in a form and manner acceptable to the FAA, and may be submitted to any FAA office.

The DJI Phantom 3 is a compact, light, battery-powered UAS equipped with flight limitations 

and safety features. It will not carry any passenger, pilot, fuel or cargo, and operations will be 

within line-of-sight of the PIC. Operation of the DJI Phantom 3 will not adversely affect safety 

compared to manned aircraft that have been issued an airworthiness certificate under 14 CFR 

part 21, Subpart H.

§45.23(b) Display of marks; general.

(b) 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.

Given the nature and size of the aircraft, no cabin, cockpit or pilot station exists on which labels 

could be placed. The UAS will be labeled with the name of the organization, visible to the pilot, 
observer, and anyone in the vicinity of the aircraft. 

§61.113(a)(b); 61.133(a) Private pilot privileges and limitations: Pilot in command.

§61.113 (a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as 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:

***

§61.133 Commercial pilot privileges and limitations.

(a) Privileges—(1) General. A person who holds a commercial pilot certificate may act as pilot 

in command of an aircraft—

(i) Carrying persons or property for compensation or hire, provided the person is qualified in 

accordance with this part and with the applicable parts of this chapter that apply to the operation; 

and

(ii) For compensation or hire, provided the person is qualified in accordance with this part and 

with the applicable parts of this chapter that apply to the operation.

***

Given the UAS size, speed, lack of fuel, and operational capacity (inability to carry passengers, 

cargo, or travel outside line-of-sight), the risks associated are substantially lower than private or 

commercial pilot operations. The FAA has previously decided that an equivalent level of safety 

for the operation of a UAS can be reached if the operator has a valid driver’s license. 

§91.7(a) Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Given the pre-flight inspection and protocols conducted before flight, an equivalent level of 

safety could be achieved.

§91.9(b)(2) Civil aircraft flight manual, marking, and placard requirements.

(b) No person may operate a U.S.-registered civil aircraft—

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

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.

Given the small size of the DJI Phantom 3, there is insufficient room and capacity to carry a 

flight manual on the aircraft. A hard copy of the flight manual will be carried with the operator 

at all times, and a digital copy is available in the application software.

§91.109(a) Flight instruction; Simulated instrument flight and certain flight tests.

(a) No person may operate a civil aircraft (except a manned free balloon) that is being used for 

flight instruction unless that aircraft has fully functioning dual controls. However, instrument 

flight instruction may be given in an airplane that is equipped with a single, functioning 

throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls, 
when—

(1) The instructor has determined that the flight can be conducted safely; and

(2) The person manipulating the controls has at least a private pilot certificate with appropriate 

category and class ratings.

***

The DJI Phantom 3 is a remotely operated aircraft that is not equipped with fully functioning 

dual controls. Flight control is accomplished by remote control that communicates to the aircraft 

over radio communications. The controls could be taken over from a pilot in training if needed, 

and would provide an equivalent level of safety.

§91.119 Minimum safe altitudes: General.

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 the surface.

(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.

(c) 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.

***

The requirement that the aircraft not be flown at an altitude of 500 feet above the surface cannot 

be met, as the maximum altitude of the aircraft is only 400 feet. However, prior to any flight, the 

flight radius, altitude and path will be pre-determined and communicated to any persons in the 

flight area. Operations will only conducted over property or persons when permission has been 

granted. The small size of the UAS, low operating speed, methodical pre-planning prior to 

flight, and built-in safety features would provide an equivalent level of safety. 

§91.121 Altimeter settings.

(a) 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—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure; or

***

Altitude information is generated by the on-board GPS during flight, and is relayed in back to 

ground control in real-time. The DJI Phantom 3 will also be flying within line-of-sight of the PIC 

at low altitude, providing an equivalent level of safety.
§91.151(a) 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; or

(2) At night, to fly after that for at least 45 minutes.

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.

An equivalent level of safety is maintained through the limitation of the DJI Phantom 3 batteries, 

which only have a life of 20 minutes. All flights will be completed with 20% battery life 

remaining, and the both “low” and “critical” battery warnings are integrated into the flying 

application. There is also an automatic return to home when the battery reaches a critical level 

or the GPS signal is lost. Additionally, the DJI Phantom 3 does not carry any cargo, passengers 

or fuel, enhancing its safety.

§91.401 - 91.417 Maintenance, Preventative Maintenance, Rebuilding and Alterations

This regulation requires that the operator is responsible for maintaining the aircraft in an 

airworthy condition with records of service. 

Given the size and nature of the aircraft, maintenance of the DJI Phantom 3 will be followed as 

indicated in the user manual (see Appendix C). If advanced maintenance or repairs are required, 

the DJI Phantom 3 will be sent to the manufacturer (DJI) for completion. The PIC will not 

operate the DJI Phantom 3 if any component is not functioning properly, and will maintain 

detailed records of service.

Thank	you	for	you	consideration	and	please	contact	me	with	any	questions.

Sincerely,	

Whitney	Hassett

Portland,	OR

whitneyhassett@gmail.com

970.422.6674
Appendix	A

Aircraft:	DJI	Phantom	3	Professional
Appendix	B

Summary for	Federal	Register	Publication

Petitioner:	

Whitney	Hassett	

3011	SE	Brooklyn	St.

whitneyhassett@gmail.com

Exemptions	Requested	for	the	following	regulations	of	Title	14:

14 CFR Part 21

14 CFR §21.173

14 CFR §45.23(b)

14 CFR §61.113(a)(b); 61.133(a)

14 CFR §61.113 (a)

14 CFR §61.133

14 CFR §91.7(a)

14 CFR §91.9(b)(2)

14 CFR §91.109(a)

14 CFR §91.119

14 CFR §91.121

14 CFR §91.151(a)

14 CFR §91.401 - 91.417

The petitioner seeks relief from the above requirements to perform aerial photography, film, and 

photogrammetry services to organizations in Oregon and surrounding states. Operations will 

primarily be carried out over open lands, away from urban infrastructure, airports, and congested 

areas. The aircraft will not be flown higher than 400 feet, and always within line-of-sight of the 

pilot in command and observer during daylight hours. Strict pre-flight	inspections	and	

protocols	will	be	completed	before	every	flight in order to achieve an equivalent level of 

safety to authorized	operations.
Appendix	C

DJI	Phantom	3	Professional	User	Manual (see	attached)