Federal Aviation Administration

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, S.E.

Washington, DC 20590

To whom it may concern:

The following application is being submitted on our own behalf. 

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

C.F.R. Part 11, Aviation Imaging LLC, hereby seeks and applies for an exemption to the Federal Aviation 

Regulations (FARs) to allow Aviation Imaging LLC to operate Unmanned Aircraft Systems (UAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA) under the conditions 

and limitations set forth in this petition or as may be established by the FAA as required by Section 

333.1. The requested exemption would permit Aviation Imaging LLC to operate UAS for the purpose of 

providing:

- Aerial photography and/or video for public and/or private use in real estate, construction, land 

surveying and other related professional activities.

- Aerial inspection with photography and/or video of residential and/or commercial real estate 

property that is existing and/or under construction.

- Aerial photography and/or video for public and/or private events.

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

under controlled conditions in airspaces that are 

1) Limited

2) Predetermined

3) Controlled in regards to access 

4) Would provide safety enhancements to the already best practices safety protocols followed by 

Aviation Imaging LLC. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s 

(the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such 

aircraft systems in the national airspace system.” Section 333(c) of the Reform Act. 

The name and address of the pursuant is as follows: 

Justin Pfalzgraff

Aviation Imaging LLC

3270 S. Dale Ct. 

Englewood, CO 80110

720-628-5980

jpfalzgr@gmail.com
Regulations from which the exemption is requested:

14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 14 C.F.R. §91.203 (a) and (b); 14 CFR 91.7(a); 

14 CFR 91.9 (b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 

(a); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the

Reform Act. In making this determination, the Secretary is required under Reform Act § 333(b) to 

determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat 

to national security in light of the following:

- The UAS size, weight, speed, and operational capability;

- Operation of the UAS in close proximity to airports and populated areas;

- Operation of the UAS within visual line of sight of the operator.

Lastly, if the Secretary determines under Reform Act § 333(c) that such vehicles “may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.”

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

that includes UASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

Applicant interprets this provision to place the duty on the Administrator to not only process

applications for exemptions under section 333, but for the Administrator to craft conditions for the safe 

operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the 

statutory requirements for approval.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1).

Description of Vehicle

The vehicle to be used will be the DJI Phantom 3 Professional. This vehicle weighs in at 1280 grams or 

2.82 pounds. The DJI Phantom 3 Professional has an operating frequency of 2.4 GHz to 2.483 GHz and 

has been approved by the FCC with FCCID SS3-WM3231503. The vehicle will be operated below max 

speed of 35 MPH due to the nature of the operations to take quality photos and videos. The vehicle will 

be operated consistently under 200ft in elevation staying in accordance to fly below 400ft in elevation.

The DJI Phantom 3 Professional uses a 6000 mAh LiPo 2S battery and therefore will not be using any 

combustible fuels. This vehicle has GPS to allow UAV to safely return to starting point in case of battery 

power loss or remote malfunction. No vehicle operated by Aviation Imaging LLC will be modified from 

the manufacturers design unless specifically directed by the same manufacturer.
Given the small size and weight of our UAS, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of UASs to commence immediately. Also due to the size of the UASs and the 

restricted areas in which the relevant UAS will operate, approval of the application presents no national 

security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, reduction in environmental 

impacts, including reduced emissions associated with allowing UASs for photography, the grant of the 

requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the 

FAA grant the requested exemption without delay.

Aircraft and Equivalent Level of Safety

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. Such operations will insure that the 

UAS will “not create a hazard to users of the national airspace system or the public.” These limitations 

provide for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the already 

safe filming operations conducted with conventional aircraft. These limitations and conditions to which 

Aviation Imaging LLC agrees to be bound when conducting commercial operations under an FAA issued 

exemption include:

1. Flights will be operated within line of sight of the pilot in command and/or observer;

2. The UAS will weigh less than 55 lbs.;

3. The UAS will have a maximum operating speed of no more than 100 mph;

4. Maximum flight time for each operational flight will be 25 minutes. Flights will be terminated at 25% 

battery power reserve or 25 minutes of flight time whichever occurs first;

5. Flights will be operated at altitude of no more than 400 feet AGL or no more than 200 feet above an 

equivalent platform from which filming is planned;

6. UAS Pilot will be Pilot in Command (PIC)

7. The UAS pilot designated as Pilot in Command (PIC) will have a minimum of 20 hours of flight time 

with the make and model of UAS being used, and will possess a current State Driver’s License;

8. No changes to PIC will be made from the time that pre-flight is to be performed through the landing 

of a given flight;

9. All flights will occur under visual flight rules meteorological conditions (VFR only);

10. The operator will obtain verbal/written consent of all persons involved with the planned operations 

and ensure only consenting persons will be allowed within 50 feet of the flight operation, and the radius 

may be reduced to 30 feet based upon an equivalent level of safety determination, as required under 

the FOM. With the advance permission of the FFDO, operations at closer range may be approved;

11. The PIC will have been trained in operation of UAS and receive up-to-date information for the 

particular UAS to be operated;

12. The PIC will be able to communicate by voice at all times;

13. Written and/or oral permission from the relevant property holders will be obtained;

14. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have 

the capability to return to a pre-determined location within a designated location and land;

15. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies;

16. PIC will set the UAS to automatically return home in event PIC is incapacitated.
As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below 200 feet to 

any UAS operator with a Section 333 exemption, provided the aircraft weighs less than 55 pounds, 

operations are conducted during daytime Visual Flight Rules (VFR) conditions and within visual line of 

sight of the PIC, and stay certain distances away from airports or heliports.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with 

the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular 

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 5 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by 

the operator. These safety enhancements provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to national 

security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft. The regulation requires:

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.

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

has no entrance to a cabin, cockpit or pilot station on which the word “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 equivalent level of safety will be provided by having the UAV marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the 

UAS as “Experimental.”

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 FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 32827, and 10700.
14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command 

Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations. However, I 

am able to achieve an equivalent level of safety through current FAA regulations of UAS operation 

without such a certification because of the above mentioned safety features of the DJI Phantom 3. 

According to Exemption No. 12045 in which the DJI Phantom 3 Professional was authorized for similar 

operation, "The FAA has previously declared that additional manned airship experience of a 

commercially certified pilot would not correlate to the airmanship skills necessary for similarly proposed 

operations in previously issued exemptions to this regulation through Exemption Nos. 11062 and 

11138." Therefore, bearing any pilot certification or license will not ensure remote piloting skills of a 

UAS; the risks of operating this UAS are far less than the risk levels inherent in commercial activities with 

traditional aircraft given the DJI Phantom's safety features and the limited range and speed of the UAS. 

The FAA has approved a similar exemption to the above rule as evidenced in Exemption No. 12058. 

14 C.F.R 91.7: Civil aircraft airworthiness 

Currently there is no certificate applicable to this UAS, and therefore it will be up to us, Aviation Imaging 

LLC, to determine the airworthiness of the DJI Phantom 3 in accordance with its official operating 

manual. Written and signed pre and post-flight inspections of the propellers, motors, frame, landing 

stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly ensured 

GPS locks as indicated by the DJI Phantom's display of "Safe to Fly" message will be performed before 

and after each flight, accurate records of which will be kept with the UAS's storage and transportation 

system at all times. These records will be dated and will include the total flight time of each flight. 

14 C.F.R. 91.9 (b) (2): Civil aircraft flight manual, marking, and placard requirements 

As evidenced in Exemption 12045, since there are "no pilots or passengers on board this aircraft, and 

given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining 

a safety/flight manual with the operator." In addition to the official safety/flight manual provided by DJI 

upon purchase of the Phantom 3, following the FAA regulations for UAS operations will ensure a high 

level of safety. 

14 C.F.R. § 91.103: Preflight action. This regulation requires each pilot in command 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. An equivalent level of safety will be provided by 

the PIC in checking the UAS before each flight for physical condition, calibration of instruments as 

required by the UAS manual, and ensuring that all flight surfaces and controls are consistent with safe 

flight. The PIC will take all actions including reviewing weather, flight battery requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction. Section 91.103 provides that 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. UASs and remotely piloted aircraft, by their design do 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 passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes. Section 91.119 establishes safe altitudes for operation of civil 

aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from 

which filming is planned, an exemption may be needed to allow such operations. As set forth herein, 

except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 

AGL. It will however be operated in a restricted area with security perimeter, where buildings and 

people will not be exposed to operations without their pre-obtained consent.

14 C.F.R. §91.121 Altimeter Settings. This regulation requires 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.” The DJI Phantom 3 Professional 

utilizes the latest GPS/GLONASS technologies as well as a barometric sensor with live data output to the 

tablet device attached to the transmitter. An equivalent level of safety and accurate altimeter telemetry 

will be achieved by using this.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. Section 91.151 (a) prohibits an 

individual from beginning “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.” The DJI Phantom 3 Professional uses lithium ion batteries 

which are made specifically for this model and therefore do not use any combustible fuels. The battery 

is rated to last around 30 minutes. Aviation Imaging LLC believes that an equivalent level of safety can 

be achieved due to our safe operating procedures that we will never fly a drone to max 30 minute flight 

time. As stated above, max flight time will be at 25% battery level or 25 minutes of flight time, 

whichever is sooner. Therefore, since we cannot possibly meet this regulation, we ask for exemption of 

91.151.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,

10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. The regulation 

provides in pertinent part:

a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it 

the following:

1) An appropriate and current airworthiness certificate. . . .

b) 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 §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The UAS fully-loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 
UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them, to the extent they are 

applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations 

require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E 

of 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...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to 

aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will 

be accomplished by the operator pursuant to the flight manual. An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry a small payload and operate 

only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein, including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people.

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Any people in the area that might be filmed will have also consented to being filmed or 

otherwise have agreed to be in the area where filming will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security – provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant’s UAS for the purposes and under the 

conditions stated above.

Sincerely,

Justin Pfalzgraff – Managing Member

Aviation Imaging LLC

3270 S. Dale Ct. 

Englewood, CO 80110

720-628-5980

jpfalzgr@gmail.com