Mark Burnette

5687 Davis Cir.

Rohnert Park, Ca. 94928

markburnette@yahoo.com

707-696-2474

January 18, 2016

U.S. Department of Transportation, Docket Operations

1200 New Jersey Avenue, SE

Washington, DC 20590

To Whom It May Concern:

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

C.F.R. Part 11, Mark Burnette seeks an exemption from the Federal Aviation Regulations listed below. 

Mark Burnette seeks exemption from the listed FARs to allow use of the DJI Inspire 1 or DJI Phantom 3 in 

commercial aerial videography, including but not limited to, aerial photography and/or video for public 

and/or private use including real estate, architecture, land surveying, engineering and other related 

professional activities. Aerial video and/or photography for public and/or private use including 

television, cinematography and newsgathering. Aerial inspection/photography of 

residential/commercial structures under contract with the owners or local government authority. Aerial 

video/photography or providing live video feed to assist with search and rescue operations in cases of 

an emergency or natural disaster only when the local authorities or government has requested it by 

contract or donation. The ability to offer training by Mr. Burnette, who is a Certified Flight Instructor, to 

persons individually or belonging to both private and/or public organizations that have interests in the 

use and application of sUAS for the purpose of the safe operation of sUAS will enhance the safety of the 

National Airspace System (NAS) as well as for the protection of the persons and property. 

The requested exemption would permit the operation of sUAS under controlled conditions in the NAS 

that would be a) limited, b) controlled, c) predetermined, and d) will provide safety enhancements to 

the already safe operations in the industry presently using conventional aircraft. Mr. Burnette will 

operate in conformity with the separately filed flight operations and aircraft flight manuals.

Operations under the exemption will be subject to strict operating requirements and conditions to 

ensure at least an equivalent level of safety to currently authorized operations using manned aircraft 

and under conditions as may be modified by the FAA as required by Section 333. 

The requested exemption would authorize commercial operations using the DJI Inspire 1 or DJI Phantom 

3, which with a maximum take-off weight of 6.4 pounds is small in size. The sUAS will be operated 

under controlled conditions at low altitude in airspace that is limited in scope; it will have automated 

control features. The sUAS will be operated by Mark Burnette who holds a Commercial Pilots License 

for single and multi-engine aircraft, Certified Instrument Flight Instructors rating, an Advanced Ground 

Instructors rating, Third Class Medical and a U.S. state issued driver's license. Mr. Burnette currently 

operates a sUAS under a corporate Section 333 exemption, and is well versed in performing sUAS 

operations under the FAA’s exemption.
REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016

Mark Burnette

Page | 2

Mr. Burnette has accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), more than 10 

hours of total time as a sUAS pilot and more than 5 hours logged as an sUAS pilot with a similar sUAS 

type. Mr. Burnette also has an excellent working relationship with the Oakland, CA. Flight Standards 

District Office (FSDO) and San Francisco International Airport Air Traffic Control Tower (KSFO ATCT).

Mr. Burnette hereby requests a blanket COA for flights up to 200 feet above ground level in the form 

approved by the FAA. Mr. Burnette acknowledges that under current FAA guidance, a separate 

Certificate of Waiver or Authorization ("COA") is required to fly at altitudes above 200 feet above 

ground level, and will apply for COAs when required. Mr. Burnette will also file Notices to Airmen 

(NOTAM) and Plans of Activity (POA) for flights, as required. 

Mr. Burnette respectfully submits that because these small, unmanned aerial vehicle the DJI Inspire 1 

and DJI Phantom 3, will be used in lieu of comparatively hazardous operations now conducted with fixed 

wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at 

least an equivalent level or greater level of safety. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation's (the FAA Administrator's)responsibilities under 

Section 333(c) of the Reform Act to "establish requirements for the safe operation of such aircraft 

systems in the national airspace system ." 

The name and address of the applicant are:

Mark Burnette

5687 Davis Circle

Rohnert Park, CA 94928

The regulations from which the exemption is requested are as follows:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 91.7 (a)

14 CFR 91.9

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(2)

14 CFR 91.417(a) & (b)

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 

of the Reform Act; the additional authority 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 and cost savings associated with transitioning to UASs for aerial videography 

and aerial data collection. The DJI Inspire 1 specified in this request is the same craft as the ones already 

approved in Exemptions 11458 and 11463. Accordingly, the applicant respectfully requests that the FAA 

grant the requested exemption without delay.
REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016

Mark Burnette

Page | 3

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Operations authorized by this grant of exemption are limited to the DJI Inspire 1 and DJI Phantom 3 

which weigh less than 55 pounds, including payload. 

The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case will the UAS 

be operated at airspeeds greater than the maximum UAS operating airspeed recommended by the 

aircraft manufacturer, which in this case is 43 knots (49 miles per hour). 

The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude 

must be reported in feet AGL. 

The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC 

to be able to use human vision unaided by any device other than corrective lenses, as specified on the 

PIC's FAA-issued airman medical certificate or U.S. driver's license. 

All operations must utilize a visual observer (VO). The UAS must be operated within the visual line of 

sight (VLOS) of Mr. Burnette and VO at all times. The VO may be used to satisfy the VLOS requirement as 

long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally 

at all times. The PIC must be designated before the flight and cannot transfer his or her designation for 

the duration of the flight. The PIC must ensure that the VO has been briefed can perform the duties 

required of the VO. 

The exemption and all documents needed to operate the UAS and conduct its operations in accordance 

with the conditions and limitations stated in the grant of exemption are hereinafter referred to as the 

operating documents. The operating documents must be accessible during UAS operations and made

available to the Administrator upon request.

Any sUAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, must undergo a functional test flight prior to conducting further operations under this 

exemption. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation.

Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition 

for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS 

is found to be in a condition for safe flight. 

The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and 

life limit requirements for the aircraft and aircraft components. 

Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

Under this grant of exemption, a PIC must hold an FAA issued pilot certificate. The PIC must also hold a 

current FAA airman medical certificate and a valid U.S. driver's license. The PIC must also meet the flight 
REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016

Mark Burnette

Page | 4

review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate.

The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles, and structures. PIC qualification flight hours and currency must be logged in a manner 

consistent with 14 CFR 61.51 (b). Flights for the purposes of training the operator's PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC's ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under this exemption are permitted 

under the terms of this exemption. However, training operations may only be conducted during 

dedicated training sessions. During training, proficiency, and experience-building flights, all persons not 

essential for flight operations are considered nonparticipants and the PIC must operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR 91 .119.

UAS operations may not be conducted during night, as defined in 14 CFR 1.1. All operations must be 

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) 

are not authorized.

The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the 

current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the 

airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement 

with that airport's management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available to the 

Administrator or any law enforcement official upon request.

The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud 

or when visibility is less than 3 statute miles from the PIC.

If the UAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a 

pre-determined location within a designated location, and land autonomously.

The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) 

there is enough available power for the sUAS to conduct the intended operation and to operate after 

that for at least five minutes or operate with the reserve power recommended by the manufacturer if 

greater.

All aircraft operated in accordance with this exemption must be identified by serial number, registered 

in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 

CFR part 45, Subpart C. Markings must be as large as practical.

Documents used by the operator to ensure the safe operation and flight of the UAS and any documents 

required under 14 CFR 91.9 and 91.203, must be available to the PIC.

The UAS must remain clear and give way to all manned aviation operations and activities at all times.
REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016

Mark Burnette

Page | 5

All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: 

A. Barriers or structures are present and sufficiently protect nonparticipating persons from the UAS 

and/or debris in the event of an accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises during which nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease immediately in a manner 

ensuring the safety of nonparticipating persons; and, 

B. The owner/controller of any vessels, vehicles or structures has granted permission for operating 

closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees, or 

essential persons are not considered nonparticipating persons under this exemption. 

All operations shall be conducted over private or controlled-access property with permission from the 

property owner/controller or authorized representative. Permission from property owner/controller or 

authorized representative will be obtained for each flight to be conducted. 

Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR 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 UAS to be utilized by the Petitioner, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 

11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the 

FMRA 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 55 lbs. fully loaded, is by definition unmanned and carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a limited flight area. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by the Operator and will also remain within the requirements of, and in 

compliance with, local public safety requirements. These safety enhancements, which already apply to 

civil aircraft provide a greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H. 
REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016

Mark Burnette

Page | 6

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 CFR 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 sUAS 

will have no entrance to the 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. 

14 CFR 91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained herein for the use of safety check lists prior to each flight, an equivalent level of 

safety will be provided.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual 

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is too small to carry documentation, the documentation would not be 

available to the crew during flight operations. 

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

UAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight.

14 CFR 91.119(c): Minimum Safe Altitudes. 

Section 91 .119 establishes safe altitudes for operation of civil aircraft. Specifically, 91 .119(c) limits 

aircraft flying over areas other than congested areas to 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. 

As set forth herein, the sUAS will never operate at higher than 400 feet AGL. It will, however, be 

operated to avoid congested or populated areas. Because aerial videography work must be 
REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016

Mark Burnette

Page | 7

accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from 

Section 91 .119(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with which the 

DJI Inspire 1 and DJI Phantom 3 is built. Also, no flight will be taken without the permission of the 

landowner or those who control the land as well as the permission of local officials, if required. Because 

of advance notice to the landowner, all affected individuals will be aware of the flights. 

Compared to commercial operations, such as aerial videography or aerial data collection, conducted 

with aircraft or rotorcraft weighing far more than seven pounds. and carrying flammable fuel, any risk 

associated with these operations will be far less than the risks currently posed by conventional aircraft 

operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will maintain 

separation between these sUAS operations and the operations of conventional aircraft that must 

comply with Section 91 .119.

14 CFR 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.” As the sUAS may not have an adjustable barometric altimeter, but instead a 

GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by 

the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions.

This regulation 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 batteries powering the DJI Inspire 1 and DJI Phantom 3 provide approximately 18 minutes of 

powered flight. Without an exemption from 14 C.F.R. 91 .151, the UAS's flights would not be possible. 

Given the limitations on its proposed operations and the location of those proposed operations, a longer 

time frame for flight in daylight VFR conditions is reasonable. 

Mr. Burnette believes that an exemption from 14 C.F.R. 91.151(a) is safe and within the scope of prior 

exemptions. See Exemption 11213. Operating the small UAS without 30 minutes of reserve fuel does not 

engender the type of risks that Section 91.151 (a) was meant to prevent given the size and speed at 

which the UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. In 

the unlikely event that the DJI Inspire 1 or DJI Phantom 3 achieves a low battery state, it would simply 

return to home and land. 

Mr. Burnette believes that an equivalent level of safety can be achieved by maintaining five minutes of 

reserve fuel, which, allowing 13 minutes of flight time, would be more than adequate to return the UAS 

to its planned landing zone from anywhere in its operating area.
REQUEST FOR SECTION 333 EXEMPTION Jan. 18, 2016

Mark Burnette

Page | 8

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

Section 91.405(a) requires 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....“

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner 

or operator to keep records showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return 

to service. 

Maintenance of the DJI Inspire 1 or DJI Phantom 3 will be accomplished by the owner/operator pursuant 

to the manuals separately filed as confidential exhibits. An equivalent level of safety will be achieved 

because the UAS is small in size, will carry a small payload, will operate only in restricted predetermined 

areas, and is not a complex mechanical device. 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 that is 

performed; moreover, the operator is the person most familiar with the aircraft and is best suited to 

maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. 

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. Please contact me at any time if you require additional information or clarification. I am the 

point of contact for this request and look forward to working with your office. 

Sincerely,

Mark Burnette

markburnette@yahoo.com

707-696-2474