A V I A T I O N L A W C E N T E R

205 Bulifants Blvd., Suite B | Williamsburg, Virginia 23188 | 757.229.0557

TGHaglund@AvLawUSA.com

18 June 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

RE: PETITION FOR EXEMPTION REQUEST UNDER SECTION 333 OF THE FAA 

REFORM ACT AND PART 11 OF THE FEDERAL AVIATION REGULATIONS

Dear Sir or Madam: 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the 

FMRA) and 14 CFR Part 11, Petitioner hereby applies for an exemption from the listed Federal 

Aviation Regulations (FARs) to allow commercial use of its small Unmanned Aircraft Systems 

(UAS), 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.

An exemption is being requested because (1) existing regulations will unduly burden 

Petitioner, (2) Some of the existing regulations are impossible to comply with, (3) Petitioner can 

provide a level of safety that is equal (or greater than in many cases) to those provided by 

existing rules, and (4) the request is in the public interest. The FAA's authority to issue 

exemptions from operating rules, and the Secretary's authority granted by Section 333 of P.L. 

112-95, Special Rules for Certain Unmanned Aircraft Systems, provide an opportunity to 

authorize certain UAS operations in the National Airspace System (NAS) prior to 

implementation of the UAS rule. This incremental step will allow Petitioner to safely and legally 
2

enter into the NAS. 

As described in the following petition, the requested exemption would support an 

application for a commercial Certificate of Authorization and permit the commercial operation 

of small, unmanned and relatively inexpensive aircraft under controlled conditions in the NAS. 

The company objective is to conduct aerial photography and videography in order to provide 

high quality digital imaging and video content to its clients for property owners and realty agents

for real estate marketing, to builders, contractors and inspectors for construction and inspection 

of commercial and residential property exteriors, and of weddings,	golf	tournaments,	and	sailing	

regattas.	 	 These operations would be conducted in airspace no more than 200’ AGL and the 

UAS will remain within visual line of sight of the Pilot in Command at all times. 

We can assure that the combination of the UAS’ light weight, historically demonstrated 

flight performance, on board GPS system, fully qualified flight personnel, and strict operations

under the guidelines established, the FAA can have confidence that Petitioner’s operations will 

have an equivalent or greater level of safety that of full sized, manned aircraft performing the 

same missions. 

The name and contact information of the Petitioner are: 

Hawk’s Point of View, LLC

William B. Barnes

120 North Turnberry

Williamsburg, Virginia 23188-8984

48barnesw@cardinalmail.cua.edu

Regulations from which the exemption is requested are as follows: 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 61.3

14 CFR 61.23

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103(b)(2) 

14 CFR 91.109 
3

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203(a) & (b) 

14 CFR 91.405(a) 1

4 CFR 407(a) (1) 

14 CFR 409(a) (2) 

14 CFR 417(a) & (b) A

Accordingly, the Petitioner respectfully requests that the FAA grant the requested 

exemption. Petitioner remains prepared to modify or amend any part of this request to satisfy 

the need for an equivalent level of safety. Please contact the undersigned at any time if 

additional information or clarifications are needed. 

Thank you for your time and attention to this request.

Yours truly,

AVIATION LAW CENTER

Terence G. Haglund

TGH/ss

Attachments
4

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR

EXEMPTION OF HAWK’S POINT OF VIEW, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM

THE REQUIREMENTS OF TITLE 14 OF THE

CODE OF FEDERAL REGULATIONS SECTIONS

14 CFR Part 21, 14 CFR 45.23(b), 14 CFR 61.3,

14 CFR 61.23, 14 CFR 91.7(a), 14 CFR 91.9(b)(2) 

14 CFR 91.103(b)(2), 14 CFR 91.109, 14 CFR 91.119 REGULATORY DOCKET 

14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.203(a) & (b) NUMBER ______________

14 CFR 91.405(a) 14 CFR 407(a) (1), 14 CFR 409(a) (2) 

14 CFR 417(a) & (b) CONCERNING COMMERCIAL 

OPERATIONOF THE DJI PHANTOM 3 UNMANNED 

AIRCRAFT SYSTEM PURSUANT TO SECTION 333 

OF THE THE FAA MODERNIZATION AND REFORM

ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on 18 June, 2015

TERENCE G. HAGLUND

AVIATION LAW CENTER

205 Bulifants Boulevard

Suite B

Williamsburg, Virginia 23188

Telephone: 757-229-0557

Email: TGHaglund@AvLawUSA.com

 Attorney for Petitioner
5

TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS..........................................................................................5

SUMMARY............................................................................................................................. ....7

BASIS FOR PETITION................................................................................................................7

INTRODUCTION AND INTERESTS OF PETITIONER...........................................................8

AIRCRAFT INFORMATION.......................................................................................................9

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS

EXEMPTION..................................................................................................9

SUMMARY OF REQUEST................................................................................9

OPERATION OVERVIEW................................................................................12

AIRCRAFT...................................................................................................13

EQUIVALENT LEVEL OF SAFETY....................................................................15

THE REASONS WHY GRANTING PETITIONER’S REQUEST WOULD BE IN THE 

PUBLIC INTEREST ....................................................................................................................24

REQUESTED EXEMPTIONS – EQUIVALENT LEVEL OF SAFETY...............................25

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........................34

CONCLUSION.............................................................................................................................35
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airmen

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System(s)

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
7

SUMMARY

Petitioner seeks exemption from the requirements of 14 CFR Part 21, 14 CFR 45.23(b), 14 CFR 

61.3, 14 CFR 61.23, 14 CFR 91.7(a), 14 CFR 91.9(b)(2), 14 CFR 91.103(b)(2), 14 CFR 91.109, 

14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.203(a) & (b), 14 CFR 91.405(a) 

14 CFR 407(a) (1), 14 CFR 409(a) (2), 14 CFR 417(a) & (b), to operate a small Unmanned 

Aircraft System (UAS) pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA). This exemption will permit Petitioner to operate an unmanned aerial system 

(“UAS”) within the National Airspace System (“NAS”) in order to provide high quality digital 

imaging and video content to its clients for property owners and realty agents for real estate 

marketing, to builders, contractors and inspectors for construction and inspection of commercial 

and residential property exteriors, and of weddings,	golf	tournaments,	and	sailing	regattas.

BASIS FOR PETITION 

Petitioner, by and through undersigned counsel, pursuant to the provisions of the Federal 

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 3 within the NAS, and for an exemption 

from the requirements of 14 CFR Part 21, 14 CFR 45.23(b), 14 CFR 61.3, 14 CFR 61.23, 14 CFR 

91.7(a), 14 CFR 91.9(b)(2), 14 CFR 91.103(b)(2), 14 CFR 91.109, 14 CFR 91.119, 14 CFR 

91.121, 14 CFR 91.151(a), 14 CFR 91.203(a) & (b), 14 CFR 91.405(a) 14 CFR 407(a) (1), 14 

CFR 409(a) (2), 14 CFR 417(a) & (b) . 

Relief from certain requirements of Section 61.3(a) entitled Requirement for certificates, 

ratings, and authorizations, is requested by Petitioner to the extent necessary to allow operation 

of the Phantom 3 UAS by a Pilot in Command (PIC) who has demonstrated, by meeting 

minimum training, flight-hour and currency requirements, including evasive and emergency 
8

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures, that 

the PIC is able to safely operate the Phantom 3 UAS in a manner consistent with this exemption.

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Petitioner’s operation of the Phantom 3 meets the conditions of 

FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. 

Accordingly, Petitioner requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply 

to aircraft with an airworthiness certificate. 

Petitioner submits that the requested relief is proper since an equivalent (or greater) level of 

safety will be ensured. Petitioner will perform maintenance, alterations, or preventive maintenance 

on the Phantom 3 using the methods, techniques, and practices prescribed in the operating documents 

(i.e., the Phantom 3 UAS User Manual, the Phantom 3 UAS Quick Start Guide, the Phantom 3 UAS 

Safety Guidelines, the OpenPilot Preflight Checklist, the Intelligent Flight Battery Safety Guidelines, 

and Petitioner’s SOP), or will utilize manufacturer authorized support services to perform 

maintenance, alterations, or preventive maintenance on the Phantom 3. Furthermore, Petitioner will 

document and maintain all maintenance records for the Phantom 3. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Hawk’s Point of View, LLC (hereinafter referred to as "Petitioner") is a Virginia limited liability 

company owned and operated by William B. Barnes. The company objective is to lawfully 

conduct aerial photography and videography in order to provide high quality digital imaging and 

video content to its clients, in particular to property owners, real estate agents, builders, 

contractors, and/or property inspectors for real estate marketing and inspections of home 
9

exteriors, and for weddings,	golf	tournaments,	and	sailing	regattas. The proposed aerial filming 

will be conducted in the NAS within controlled access over private property with the knowledge 

and permission of the property’s owner, or over open water.

AIRCRAFT INFORMATION

Petitioner seeks an exemption to operate the DJl Phantom 3 UAS (or similar should newer, safer 

and/or more advanced models become available) for compensation or hire within the NAS. The 

Phantom 3 is comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a 

transportable Ground Control Station (GCS). The Phantom 3 has a maximum gross weight of 2.6 

pounds, a diagonal size of approximately 17 inches including propellers, , and a maximum speed 

of approximately 35 miles per hour (no wind). The Phantom 3 is equipped with four horizontally 

mounted rotors, each driven by a Lithium Polymer battery powered electric motor. 

The Phantom 3 that will be operated by Petitioner will be registered in accordance with 49 

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and 

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS 

EXEMPTION

Summary of request

Petitioner is submitting this petition pursuant to the FAA Modernization and Reform Act 

of 2012 and the procedures contained within 14 C.F.R. 11, so that it may operate the DJI 

PHANTOM 3 (or similar should newer, safer and/or more advanced models become available) 

UAS for the limited purpose of conducting aerial photography and videography below 200 feet 

AGL and further than 5 miles from any airport or heliport, in order to safely and legally 
10

capture aerial photography and videography for use by owners of commercial and residential 

properties, building contractors and inspectors, developers, and realty agents, and for weddings,	

golf	tournaments,	and	sailing	regattas, for compensation or hire.

In Regulatory Docket No. FAA–2015-0280, Exemption No. 11783, (which is essentially 

identical to this request), an exemption was approved for the same aircraft and similar proposed 

operations.

Petitioner is supporting its request with the following information:

1) Uploaded Petition Exemption – Hawk’s Point of View LLC.pdf; 2) PHANTOM 3 Quick 

Start Guide V 1.0; 3) PHANTOM 3 User Manual v1.2; and 4) PHANTOM 3 Pre-flight 

Checklist.

Petitioner believes that its request for exemption as outlined in this uploaded Petition for

Exemption is warranted in this case and respectfully requests that it be granted without 

termination date for the reasons stated therein. Aerial photography and videography operations 

for private and/or commercial properties and businesses benefit the public with enhanced 

perspectives of characteristics, amenities, and benefit a property has that cannot be displayed 

through ground level photography and videography. UAS aerial videography and photography 

provides a much higher level of safety to the public and the structures at a fraction of the cost 

and without the burning of fossil fuels that contaminate the atmosphere. 

Approval of this exemption would thereby greatly enhance safety and fulfill the Secretary 

of Transportation's (the Secretary) responsibilities to " ... establish requirements for the safe 

operation of such aircraft systems in the national airspace system" per Section 333 (c) of the 
11

Reform Act.1

Petitioner is requesting exemption from the following regulations: 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 61.3

14 CFR 61.23

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103(b)(2) 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203(a) & (b) 

14 CFR 91.405(a) 1

4 CFR 407(a) (1) 

14 CFR 409(a) (2) 

14 CFR 417(a) & (b) A

This petition for exemption is expressly submitted to fulfill Congress' goal in passing 

Section 333 (a) through (c) of the Reform Act. This law directs the Secretary to consider whether 

certain unmanned aircraft systems may operate safely in the NAS before completion of the 

rulemaking required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UAS do not create a hazard to users of the 

NAS, to the public, or pose a threat to national security. 

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an 

unmanned aircraft system, as a result of its size, weight, speed, operational capability, proximity 

																																																							 1 Petitioner interprets this provision to place the duty on the Secretary to not only process applications for 
12

to airports and populated areas, and operation within visual line of sight (VLOS) does not create 

a hazard to users of the NAS or the public, or pose a threat to national security, and (2) whether a 

certificate of waiver, certificate of authorization, or airworthiness certification under 49 USC 

44704 is required for the operation of civil (nongovernmental) UAS. Therefore, if the Secretary 

determines 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". 2

Operation Overview 

Petitioner’s DJI Phantom 3 is a quadcopter weighing 2.6 pounds (including payload). The 

aircraft has the capability to hover and move in the vertical and horizontal planes 

simultaneously. They will operate only in visual line of slight (VLOS) and will only within 

tightly controlled and limited airspace. They are capable of operating at speeds of up to 35 miles 

per hour but will be routinely operated at much lower speeds. They will be operated 

commercially below 200 feet above ground level (AGL), unless and until regulations permit 

otherwise.

Aerial photography and videography services will be offered for use by property owners, 

commercial and residential real estate agents, builders, contractors, and/or residential and 

commercial property inspectors for real estate marketing and inspections of home exteriors, and 

for weddings, golf tournaments and sailing regattas. All operations will be conducted on private 

property and with the written and/or oral permission of the property owner(s) or over open 

waters. Operations will always be conducted in areas that are clear of people except for the pilot 

in command (PIC) and the PIC's helper(s). Such operations will ensure that the UAS will "not 

																																																							 2 Reform Act Section 333 (b)
13

create a hazard to users of the national airspace system or the public" 3

Any exemption granted pursuant to this petition and all documents needed to operate the 

UAS and conduct its operations in accordance with the conditions and limitations stated in such

grant of exemption, are hereinafter referred to as the “operating documents”. The operating 

documents will be accessible during UAS operations and made available to the Administrator 

upon request. If a discrepancy should exist between the conditions and limitations in such

exemption and the procedures outlined in the operating documents, the conditions and 

limitations in such exemption shall take precedence and will be followed. Otherwise, the 

Petitioner will follow the procedures as outlined in its operating documents. The Petitioner may 

update or revise its operating documents. It will be the Petitioner’s responsibility to track such 

revisions and present updated and revised documents to the Administrator or any law 

enforcement official upon request. The Petitioner shall also present updated and revised 

documents if it petitions for extension or amendment to any grant of exemption. If the Petitioner

determines that any update or revision would affect the basis upon which the FAA granted an

exemption, then it will petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS−80) will be contacted if questions arise regarding updates or revisions 

to the operating documents.

Aircraft 

Petitioner operates a Phantom 3 (“Phantom”) manufactured by DJI, a well-known leader 

in quadcopter technology. DJI strives to bring new perspectives to aerial work and helps

companies accomplish feats safer, faster, and with greater efficiency. They have an unparalleled 

																																																							 3 http://www.dji.com/product/phantom-2-vision-plus
14

commitment to R&D, a culture of constant innovation, and a focus on transforming complex 

technology into easy-to-use devices. 

The standard Phantom quadcopter package includes the Phantom itself, camera, gimbal, 

propulsion system, flight control system, 2.400-2.483 GHz remote controller, and 2.4 GHz Wi-Fi 

communication system. The remote uses a 5.8 GHz frequency to prevent interference with the 

video/telemetry channel. This second channel allows for a constant connection with the Phantom 

to monitor it via a smartphone or tablet that is attached to the remote controller. 

The Phantom is about 17 inches square in size, including rotors. It has a maximum ascent 

speed of 16.4 MPH, a maximum descent speed of 6.7 MPH, and a maximum flight speed of 

approximately 35 miles per hour. While operating within VLOS, the remote control has a range 

of 1.24 miles. The total weight (including the payload) is 2.6 pounds. 4

The Phantom flight control system provides for incredible ease of use and stability. Pilots 

can control the Phantom's movements in many directions - including forward and backward, up 

and down, and left and right turns and banks. The flight control system can also provide 

Intelligent Orientation Control (IOC), failsafe (return to home), battery level warnings, and 

show the aircraft's current heading, direction, speed, and approximate distance from home on the

on-screen radar. The built-in Global Positioning System (“GPS”) aids in stabilizing the aircraft,

and automatically and safely returns it back to its home point if communication between the

remote control and UAS is lost or the battery level becomes too low. 

The Inertial Measurement Unit (IMU) has a built-in inertial sensor and a barometric 

altimeter that measures both attitude (ATTI) and altitude. The inertial measurement tells the 

UAS how it's tilted and the gyros tell it if it is rotating in any particular direction. 

																																																							 4 http://www.dji.com/product/phantom-3/spec
15

The Phantom's compass reads geomagnetic information and assists the GPS to accurately 

calculate the position and height of the aircraft. The Phantom 3 maximum altitude is 6000 

meters.

The Phantom 3 has LED flight indicators beneath each of its four rotor arms. The LEDs 

illuminate to indicate the status of the flight control system and alert the PIC of any possible 

issues. 

Such highly advanced capabilities will ensure that the Phantom 3can be safely operated and 

"not create a hazard to users of the national airspace system or the public." 5

Equivalent Level of Safety 

In an effort to join the FAA in its mission to provide the safest, most efficient aerospace 

system in the world and to minimize the risk to the NAS or to persons and property on the 

ground, Petitioner agrees to be bound by the following limitations and conditions when 

conducting commercial operations under an FAA issued exemption: 

A. For the purposes of ensuring the aircraft will be operated within the standards that the 

FAA has allowed in the AMA National Model Aircraft Safety Code, except as modified or 

superseded by the proposed FAR Part 107: 

1. UAS will not be flown: 

a. In a careless or reckless manner. 

b. At a location where UAS activities are prohibited. 

2. UAS pilots will: 

a. Yield the right of way to all human-carrying aircraft. 

																																																							 5 Reform Act Section 333 (b)
16

b. See and avoid all aircraft and a Visual Observer will be used when 

appropriate. 6

c. Not conduct commercial operations higher than 200 feet above ground 

level or within five (5) miles of an airport or heliport without notifying the 

airport operator and obtaining a COA, until such time as the FARs have 

been written or revised to permit higher flights or flights closer to an 

airport. 

d. Not interfere with operations and traffic patterns at any airport, heliport 

or seaplane base except where there is a mixed-use agreement. 

e. Not exceed a takeoff weight of 55 pounds (including payload). 

f. Ensure that affixing the owner’s contact information to the outside of 

the UAS identifies the aircraft. 

g. Not operate UAS while under the influence of alcohol or while using 

any drug that could adversely affect the PIC's ability to safely control the 

model. 

h. Not operate UAS carrying pyrotechnic devices that explode or burn, or 

any device that propels a projectile or drops any object that creates a 

hazard to persons or property. 

3. UAS will not be flown unless: 

a. The aircraft, control system and pilot skills have successfully 

demonstrated all maneuvers intended or anticipated prior to the specific 

event. 

																																																							 6 AMA Document #540-D
17

b. An inexperienced pilot will be assisted by an experienced pilot. 

4. All pilots will avoid flying directly over unprotected people, vessels, 

vehicles or structures and shall avoid endangerment of life and property of others. 

5. A successful radio equipment ground-range check in accordance with 

manufacturer's recommendations will be completed before the first flight of a new or 

repaired model aircraft. 

6. UAS will use the radio-control frequencies allowed by the Federal 

Communications Commission (FCC). 

7. UAS will	not	knowingly	operate	within	five (5)	miles	of	any	preexisting	flying	site	without	a	frequency-management	agreement.7

8.		 Excluding	takeoff	and	landing,	no	UAS will be	flown	outdoors	closer	

than	at	least	500	feet	from	all	nonparticipating	persons,	vessels,	vehicles,	and	

structures.

9.		 Under	no	circumstances	will a	pilot	or	other	person	touch	a	UAS	in	

flight	while	it	is	still	under	power,	except	to	divert	it	from	striking	an	individual.	

10.	 The	PIC	of	the	UAS	shall:	

a. Maintain control during the entire flight, maintaining visual contact 

without enhancement other than by corrective lenses prescribed for the 

pilot. 

b. Fly using the assistance of a camera or First-Person View (FPV) only in 

accordance with the procedures outlined in AMA Document #550. 

c. Fly using the assistance of autopilot or stabilization system only in 

																																																							 7 AMA Documents #922 and #923
18

accordance with the procedures outlined in AMA Document #560. 

11. The flying area will be clear of all utility wires or poles and, except for 

utility line inspections, an UAS will not be flown closer than 50 feet to any aboveground electric utility lines. 

12. The flying area will be clear before the engines are started, except for PIC 

and the PIC's helper(s). 

B. In addition to the above rules outlined by the AMA National Model Aircraft Safety 

Code and in an effort to enhance the safety offered by the already safe operations 

mentioned above, Petitioner also agrees to be bound by the following limitations and 

conditions: 

1. Flights will be operated within VLOS of the PIC. All operations will

utilize a visual observer (VO). The UAS will be operated within the visual line 

of sight (VLOS) of the PIC 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 will be able to communicate verbally at all times; electronic 

messaging or texting will not be permitted during flight operations. The PIC will 

be designated before the flight and will not transfer his or her designation for the 

duration of the flight. The PIC shall ensure that the VO can perform the duties 

required of the VO. 

2. Maximum total flight time for each operational flight will be 17 minutes.

Flights will be terminated at 25% battery power reserve should that occur prior to 

the 17 minute limit. 

3. The UAS will only operate in tightly controlled and limited airspace. 
19

4. A briefing will be conducted in regard to the planned UAS operations 

prior to each flight. It will be mandatory that all personnel who will be performing 

duties within the boundaries of the safety perimeter be present for this briefing. 

5. The PIC and the PIC's helper(s) will have been trained in operation of 

UAS and received up-to-date information on the particular UAS to be operated. 

6. The pilot and the PIC's helper(s) will at all times be able to communicate 

by voice. 

7. If the UAS loses communications or loses its GPS signal, the UAS will 

have the capability to return to a pre-determined location within the security 

perimeter and safely land. 

8. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

9. All operations shall be conducted over private or controlled-access 

property with permission from the property owner/controller or authorized 

representative, or over open water. Permission from property owner/controller or 

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

10. All flight operations will be conducted at least 500 feet from all 

nonparticipating persons, vessels, vehicles, and structures unless (a) barriers or 

structures are present that sufficiently protect nonparticipating persons from the 

UAS and/or debris in the event of an accident. The Petitioner will ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the 

UAS, flight operations will cease immediately in a manner ensuring the safety of 
20

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. 

11. All flights will be conducted outdoors in visual meteorological conditions 

(VMC) and never during severe weather conditions. 

12. Flights will not occur in weather conditions that prevent the PIC from

operating within visual line-of-sight (VLOS) at all times or in weather conditions 

that dramatically affect the UAS’ flight (e.g. high winds). 

13. If an operation occurs in an area where people could inadvertently enter 

the area, an operational border will be established with traffic cones. If it is not 

feasible to use traffic cones due to interference with the 

photography/videography, the PIC's helper(s) will be responsible for keeping a 

safe perimeter around the operation. The operation will cease immediately and be 

rescheduled if it is impossible to establish a safe perimeter around the operation. 

14. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 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.

The operation of UAS weighing less than 3 pounds, conducted in the strict conditions as 

outlined above, will provide an equivalent or greater level of safety supporting the grant of 

exemptions requested herein, including exempting the applicant from the requirements of Part 21 
21

and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly 

controlled environment. As a result, they offer a much safer way to capture aerial photography 

and videography. Furthermore, the proposed operations represent a safety enhancement to the 

already safe operations that have been granted by the FAA for the establishment of the AMA 

National Model Aircraft Safety Code. 

Preflight Action Plan

The	Petitioner will be	responsible	for	maintaining	and	inspecting	the	UAS	to	

ensure	 that	it	is	in	a	condition	 for	safe	operation.		 Prior to each flight, the PIC shall

conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. 

The pre-flight inspection must account for all potential discrepancies, e.g., inoperable 

components, items, or equipment. 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. This	 pre-flight	 inspection	 checklist will	 be	 revised as	 needed	 in	 order	 to	

ensure	 all	 known	 safety	 precautions	 and/or	 safety	 precautions	 suggested	 by	 the	

manufacturer	are	being	accounted	for.			

1. Visual inspection for defects

2. Batteries fully charged and checked - Transmitter, UAS, iPad, iPhone, 

approved/compatible device

3. Props tightened and locked

4. SD card in camera
22

5. Run finger along the edge of edge of each rotor blade to check for any 

rough edges. 

6. Lens cap removed (as necessary)

7. Antennae up and parallel

8. Transmitter turned on (press once, release, then press and hold for 3 

seconds)

9. Ensure Transmitter is in P Mode

10. Verify that the damping absorbers are not broken and/or worn. 

11. UAS turned on (press once, release, then press and hold for 3 seconds)

12. Flick the transformation switch on transmitter up and down 4 times 

quickly to convert from travel mode to flight mode or use the app

13. DJI Pilot app quit and restarted, no other running apps on iPad

14. Tap bar at top of app (Safe to Fly GPS) for full status

15. Maps are cached (move the map around, zoom in an out)

16. Minimum return height adjusted (check for tallest object and set 

accordingly)

17. Home point reprogrammed via app

18. UAS placed in safe launch and recover position

19. Area clear of people / obstructions

Preventative Maintenance 

A	comprehensive	preventative	maintenance	plan	will	be	followed	in	order	to	ensure	

the	UAS software	is	 up-to-date,	 the	 batteries	 are	in	 good	 health,	 and	 the	 aircraft	itself	is	
23

always	ready	for	safe	flight.			Each	UAS	operated	under	this	exemption	shall comply	with	all	

manufacturer	safety	bulletins.		

In	seeking	this	exemption,	Petitioner	submits	that	the	equivalent	level	of	safety	with	

regard	to	the	regulatory	maintenance	and alteration	requirements	established	by	Sections	

91.405(a),	 91.407(a)(1),	 91.409(a)(1)	&	 (a)(2),	 and	 91.417(a)	&	 (b)	 will	 be	met	 because	

Petitioner	 will	 perform	 maintenance,	 alterations,	 or	 preventive	 maintenance	 on	 the	UAS

using	 the	methods,	 techniques,	and	practices	prescribed	in	 the	operating	documents	 (i.e.,	

the	Monthly	Maintenance	Log,	and	DJI	Phantom	3	User Manual).	 The	Petitioner will follow	

the	 UAS	 manufacturer’s	 maintenance,	 overhaul,	 replacement,	 inspection,	 and	 life	 limit	

requirements	for	the	aircraft	and	aircraft	components,	and	shall	document	and	maintain	all	

maintenance	records	for	the	UAS.

Since the UAS will be inspected as prescribed by the operating documents, Petitioner will 

maintain the equivalent or greater level of safety established by Sections 91.405(a), 91.409(a)(1), 

and 91.409(a)(2). 

Any UAS that has undergone maintenance or alterations that affect its operation or flight 

characteristics, e.g., replacement of a flight critical component, shall undergo a functional test 

flight prior to conducting further operations under this exemption. Functional test flights will

only be conducted by a PIC with a VO and shall remain at least 500 feet from other people. The 

functional test flight will be conducted in such a manner so as to not pose an undue hazard to 

persons and property. 

Pilot in Command (PIC) Qualifications 

The Petitioner, with over 80 flights to date operating the Phantom 3 as a hobbyist, has the 

requisite experience, skill and ability to safely operate an unmanned aerial vehicle conducting 
24

similar commercial operations below 200 feet within strictly controlled, pre-approved airspace. 

Since there are no standards for either private or commercial UAS pilot certificates, knowledge 

of airspace regulations and dexterity in the control and operation of the UAS acquired from 

actual operation of the aircraft will be the most important factors in establishing an equivalent 

level of safety.

The petitioner has accomplished the following:

1. Performed in excess of 80 flights with the Phantom. 

2. Studied and is familiar with all sections of the "Phantom 3 User Manual".

3. Successfully learned and demonstrated all flight maneuvers in the "Phantom 3 User 

Manual". 

4. Studied and is familiar with weather theory, aviation weather resources, and airspace,

Public Interest

Granting this exemption would benefit the public as a whole. UAS offer a strong 

equivalent or greater level of safety, a reduction in environmental impacts, and are free from the 

harmful emissions associated with the manned aircraft that are currently used for aerial 

photography and videography. Due to the small size of the UAS and the tightly controlled and

limited airspace in which the UAS will operate, approval of this application actually reduces the

risk to the public. Furthermore, the public will be able to legally acquire aerial photography and 

videography to help in advertising commercial, residential and agricultural property for sale or 

development, safely accessing high and/or awkward areas of building exteriors to assess damage 

that needs to be repaired, and to enjoy special events such as weddings or sporting events.
25

Privacy 

Since the areas being photographed or videoed will be on private property or over open 

water, accessed only after receiving written and/or oral consent by the property owner(s), and 

clear of people except for the PIC and the PIC's helper(s), approval of this application presents 

no risk to the public privacy. 

National Security 

Due to the small size of the UAS and the tightly controlled and limited airspace over 

private property or open waters in which the UAS will operate, approval of this application 

presents no risk to national security. 

Requested Exemptions 

Petitioner requests exemption from the following regulations since it is not, in some 

instances, possible to comply or comply fully with them, and since attempting to follow them for 

the purposes of operating a UAS would be unreasonably burdensome if not impossible: 

14 CFR Part 21, Subpart H Airworthiness Certificates 

Subpart H 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 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 Reform Act. The Federal Aviation Act (49 USC 44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 
26

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 

operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

The UAS to be operated hereunder is less than 3 pounds fully loaded, carries 

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

and operates exclusively within a controlled area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by the Petitioner. Lastly, 

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

security posed by the UAS, due to its diminutive size, relatively slow speed of operation, 

location of operations, 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 
27

have no airworthiness certificate, an exemption may be needed as the UAS 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. 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 UAS marked on its fuselage as 

required by §45.29(f) where the operator working with the UAS will see the 

identification of the UAS as "Experimental." The FAA has issued exemptions to this 

regulation to petition numbers 10700, 8738, 10167 and 10167A.

14CFR 61.3 Pilot Certification

This regulation requires that a person operating an aircraft in the NAS hold a pilot 

certificate. Relief from Section 61.3 entitled Requirement for certificates, ratings, and 

authorizations may be required to the extent that the operator of an UAS is deemed to be

a “required flight crewmember” of that aircraft (i.e.: a pilot is required to operate it). 

Relief is further requested to the extent required to allow Petitioner to operate the DJI 

Phantom 3 in the NAS without first obtaining any pilot certificate issued by the FAA or 

any other domestic or foreign licensing authority.

Petitioner is of the belief that obtaining any pilot certificate will not improve his 

ability to operate an UAS, whether within the NAS or otherwise. There is very little 

similarity between the flight characteristics of a Phantom 3 UAS and any full sized, 

passenger-carrying aircraft. The Phantom 3 cannot stall or spin, cannot taxi, is not 

adversely affected by crosswinds, does not need to make short or soft field takeoffs or 

landings like a fixed wing aircraft (due to its very light weight, short and soft field 

operations are unnecessary), and it typically climbs and descends vertically. The airspace 
28

within which the UAS will be operated will be at altitudes far lower than full-sized 

aircraft operate, and in obstructed areas in which full-sized aircraft cannot operate, so 

there will be no airspace conflicts or separation issues with them. A certificated pilot of a 

full-sized aircraft capable of carrying passengers, who is lacking UAS flight training and 

experience, would not be as successful or safe as an non-certificated UAS pilot with 

extensive UAS training and flight experience.

Petitioner also seeks the requested relief because the Phantom is not capable of 

carrying ANY flight crewmembers. 

Petitioner has studied those portions of the Private Pilot Handbook of 

Aeronautical Knowledge that pertain to the operations to be conducted by the UAS.

The equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft, and because the small size, light weight and 

slow speed of the aircraft do not require the airmanship skills required of a pilot of a fullsized aircraft, particularly if the aircraft were carrying passengers or cargo. Provided that 

the PIC maintain a high level of proficiency through initial and recurrent training and 

experience, the grant of this exemption would	 not	adversely	affect	 safety,	but	would	

provide	a	level	of	safety	at	least	equal	to	the	existing	rule.

14 CFR §91.7(a): Civil aircraft airworthiness. 

Petitioner seeks the requested relief because the DJI Phantom 3 does not require 

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 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 
29

exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft and the requirements contained in the 

Procedures for maintenance and use of safety checklists prior to each flight, an equivalent 

level of safety will be provided. 

Accordingly, relief from Section 91.7(a) entitled Civil aircraft airworthiness, is 

requested to the extent required to allow Petitioner to determine that the DJI Phantom 3 is 

in an airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the DJI Phantom 3 User Manual, and that the aircraft is in a condition for safe flight. 

Therefore, prior to every flight, Petitioner will ensure that the DJI Phantom 3 is in 

an airworthy condition based upon a visual inspection in order to determine that the 

aircraft and its components are in compliance with its type design and operating 

documents (i.e., the Phantom 3 User Manual and the requirements set forth herein), and 

that the aircraft can be operated safely pursuant to the conditions and limitations stated 

herein. 

14 CFR § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9(b) (2) provides: 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. The Phantom 3, given its size and configuration, has no ability or 

place to carry any flight manual on the aircraft, not only because there is no pilot on 

board, but because there is no room or capacity to carry such an item on the aircraft. The 

equivalent level of safety will be maintained by keeping the flight manual at the ground 
30

control point where the PIC 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, 95658, 10167, 10167A, 10602, 32827, 10700, and 11783.

14 CFR § 91.103(b): Preflight action 

This regulation requires that each pilot in command shall, before beginning a 

flight, become familiar with all available information concerning that flight. This 

information must include — (b) for any flight, runway lengths at airports of intended use, 

and the following takeoff and landing distance information... As FAA approved rotorcraft 

flight manuals will not be provided for the aircraft and because runways are not needed 

for takeoff and landing operations, an exemption will be needed. An equivalent level of 

safety will be provided as set forth in the operating documents. The PIC will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff 

locations and aircraft performance data before initiation of flight. 

14 CFR 91.109 Flight instruction 

This regulation 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. 

UAS and most other 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 
31

aircraft and for flight instruction in experimental aircraft. See	Exemption	Nos. 5778K	&	

9862A.	 	The equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the small size and slow speed of the 

aircraft. 

14 CFR §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 an UAS that is a 

helicopter and this petition requests authority to operate at altitudes up to 200 AGL, an 

exemption may be needed to allow such operations. As set forth herein, until future 

regulations permit otherwise the Petitioner’s UAS will never operate at higher than 200 

AGL. The equivalent level of safety will be achieved given the size, weight, and speed of 

the UAS as well as the location where it will be operated. In addition, the low-altitude 

operations of the UAS will ensure separation between these UAS 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 Phantom 3 does not 

have a barometric altimeter, but instead a is equipped with a barometric pressure sensor 
32

and GPS equipment that automatically ensures that a ground level pressure setting will be 

established prior to each flight, and provides the PIC with altitude information of the 

aircraft on the heads-up display of the remote controller, an exemption may be needed. 

The PIC will achieve an equivalent level of safety by 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 battery powering the Phantom 3 provides a maximum of 23 minutes of 

powered flight; that would make it impossible to meet the 30-minute reserve requirement. 

Given the limitations on the Phantom 3’s proposed flight area and the location of its 

proposed operations within a predetermined area, a shorter time frame for flight in daylight 

VFR conditions is reasonable. 

An equivalent level of safety can be achieved by limiting flights to 17 minutes or 

25% of remaining battery power (whichever occurs first). This restriction would be more 

than adequate to return the UAS to its planned landing zone from anywhere in its limited 

operating area. 
33

14 CFR §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 Phantom 3 fully loaded weighs approximately 2.6 

pounds and is operated without an on board pilot. As such, there is no ability or place to 

carry certification and registration documents or to display them on or in the UAS. An 

equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the PIC 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. 

Maintenance Inspections 

14 CFR 91.405 (a); 14 CFR 91.407 (a)(l); 14 CFR 91.409 (a)(l); 14 CFR 91.409 (a)(2); 

14 CFR 91.417 (a) and (b) 

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. 
34

 Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, they do not apply to the operation of this UAS. The Petitioner, pursuant to the 

aforementioned DJI Phantom 3 User Manual, will accomplish any required maintenance. 

An equivalent level of safety will be achieved because these UAS are small in size, 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 it will be operating from no 

higher than 200 feet AGL (until such time as regulations permit operations at higher 

altitudes). As outlined in the aforementioned Preventative Maintenance section, the PIC 

will ensure that the UAS is in working order prior to initiating flight and will perform 

maintenance as required. Moreover, the Petitioner 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. 

In accordance with 14 CFR Part 11, the following summary is provided for publication in 

the Federal Register: 

Petitioner seeks an exemption from the following rules: 14 CFR Part 21, 14 CFR 45.23(b), 

14 CFR 61.3, 14 CFR 61.23, 14 CFR 91.7(a), 14 CFR 91.9(b)(2), 14 CFR 91.103(b)(2), 14 

CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.203(a) & (b), 14

CFR 91.405(a) 14 CFR 407(a) (1), 14 CFR 409(a) (2), 14 CFR 417(a) & (b) to operate 

commercially a small, 3 pound unmanned aerial system (UAS) for the purpose of 

conducting aerial photography and videography for use by owners of commercial and 

residential properties, realty agents, builders, contractors, developers and/or inspectors, 

and for weddings, golf	 tournaments,	 and	 sailing	regattas and any other lawful purposes. 

Approval of exemptions allowing commercial operations of UAS will create a level of safety 

by reducing risk. Conventional elevated photography and inspections and associated tasks 

involve extreme risks to personnel physically climbing such structures and/or utilizing high 
35

rise equipment both of which create numerous and extreme risk to such personnel. In 

contrast, an UAS weighing less than 3 pounds and powered by batteries eliminates 

virtually all of that risk. The UAS will carry no passengers or crew nor burn any fossil fuel 

and, therefore, will not expose personnel to any of the risks described above. 

CONCLUSION

The operation of UAS conducted in the strict conditions outlined above, will provide an 

equivalent or greater 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 existing operations conducted with helicopters 

operating in close proximity to the ground, to people, or to buildings in the vicinity. 

Given the small size of the UAS involved, the slow speed at which they must be operated 

in order to capture photos and videos, and the restricted environment within which they will 

operate, the Phantom 3 demonstrates that it can be operated within an equivalent level of safety 

in which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UAS to commence immediately. Also, due to the size of the UAS and the restricted areas in 

which the Petitioner’s UAS will operate, approval of this application presents no threat to 

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

contained in the Federal Aviation Act, the strong equivalent level of safety surrounding the 

proposed operations, the significant public benefit - including enhanced safety, reduction in 

environmental impacts, no emissions, ability to legally obtain aerial photography and 

videography services - the grant of the requested exemptions is in the public interest. 

Accordingly, Petitioner respectfully requests that the FAA grant the requested exemption without 
36

delay.

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

speed, operating capability, proximity to airports and populated areas, operation within the 

visual line of sight, public safety, and national security - provide more than adequate justification 

to grant petitioner’s requested exemption, allowing for commercial operations as described 

herewith. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Petitioner respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 CFR Part 21, 14 

CFR 45.23(b), 14 CFR 61.3, 14 CFR 61.23, 14 CFR 91.7(a), 14 CFR 91.9(b)(2), 14 CFR 

91.103(b)(2), 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 

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

and permit Petitioner to operate UAS for the purpose of conducting aerial photography and 

videography for use by owners of commercial and residential properties, realty agents, builders, 

contractors, developers and/or inspectors, and weddings, golf	tournaments,	and	sailing	regattas

any other lawful purposes, for compensation or hire. 

Dated: 18 June 2015 

Sincerely, 

AVIATION LAW CENTER

Terence G. Haglund

Enclosures (4)