1

March 1, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations.

Attachments: These attachments are too large for submission via the submission portal.

They are available at this website for viewing or download.

http://www.dji.com/product/phantom-3/download

1. Phantom 3 Professional Quick Start Guide (EN) v1.0

2. Phantom 3 Professional User Manual (EN) v1.0

3. Phantom 3 Safety Guidelines and Disclaimer

Dear Sir or Madam:

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

"Reform Act"), David J. Cavanaugh, President of DCDIGITAL, Inc., (the "applicant"), 

operator of an Unmanned Aircraft Systems ("UAS") seeks an exemption from the 

Federal Aviation Regulations ("FARs") to allow for commercial operation for aerial 

imaging to be used in real estate cinematography.

Applicant

David J. Cavanaugh, President

DCDIGITAL, Inc.

1750 Castle Rock Road

Frederick, MD 21701
2

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) and (b)

Extent of relief I seek, and why

14 CFR Part 21 subpart H

The UAs to be operated carries neither pilot nor passenger and carries no explosive 

materials or flammable liquids. Given the size, weight, speed, and limited operating area 

associated with the aircraft to be utilized, I request exception. In the restricted 

environment and under the conditions proposed operation will be at least as safe, or 

safer, than a conventional aircraft operating with an airworthiness certificate without 

said restrictions.

14 CFR 45.23 (b)

Due to the size of this UAS it does not have a cockpit, cabin, or pilot station on which to 

market certain words or phrases. Lettering would be very difficult to place on such a 

small aircraft and dimensions would need to be smaller than required minimum. 

Understanding the importance of lettering I will mark my UAS with the largest possible 

letters by placing the word "Experimental" or assigned number or name, based on 

request/ruling of FAA, on UAS fuselage. The equivalent level of safety will be provided

by having the UAS marked on its fuselage as required.
3

14 CFR 91.7 (a)

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

granted, no FAA regulatory standard will exist for determining airworthiness. Given the 

size of the aircraft for maintenance and use of safety check list prior to each flight an 

equivalent level of safety will be provided.

14 CFR 91.9 (b) (2)

Given the size and configuration, the UAS has no ability to carry a flight manual on the 

aircraft. There is no room, capacity, or pilot on board to adequately carry flight manual. 

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

control point where the pilot will have immediate access to it.

14 CFR 91.103

As FAA approved flight manuals will not be provided for the aircraft an exemption will 

be needed. Normal procedures including but not limited to; reviewing weather, flight 

battery requirement, landing and takeoff distances, along will all of those found in 

attachment "DJI Pilot Training". An equivalent level of safety will be provided by 

preflight protocol to properly match the machine.

14 CFR 91.109

UAS and remotely piloted aircraft do not have fully functional dual controls. Flight 

control is achieved through the use of a control box that communicates with the aircraft 

via radio communications. The equivalent level of safety provided because neither a 

pilot nor passenger will be carried in the aircraft, and by the speed and size of the 

aircraft.

14 CFR 91.113 (a) and (b)

DCDIGITAL, Inc. can achieve an equivalent level of safety as achieved by current 

regulations because my UAS does not carry pilot nor passenger. While helpful, a pilot’s 

license will not ensure remote control piloting skills.

14 CFR 91.121

The UAS may not have a barometric altimeter, but instead does have a GPS altitude 

read out. I believe an exemption may be needed. An equivalent level of safety is achieve 

by the operator receiving live flight data monitoring and confirming current altitude 

along with altitude of launch site shown on GPS altitude indicator.

14 CFR 91.203 (a) and (b)

Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS has no ability to 

carry certificate and registration documents on the aircraft. There is no room, capacity, 
4

or pilot on board to adequately such documents. An equivalent level of safety will be 

achieved by keeping these documents, to the extent they are applicable to the UAS, at 

the ground control point where pilot has immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b)

Given these section only apply to aircraft with an airworthiness certificate, these

sections do not apply to this applicant. As a safety precaution, operator will perform 

preflight inspections and ensure UAS is in working condition before initiating each flight.

DCDIGITAL, Inc. is seeking relief from all FARs above preventing applicant from 

conducting aerial photography and video of real estate taken at levels less than 400ft, at 

a speed less than 33.5 mph, and with a maximum flight time of 25 minutes,. The drone 

to be used is a DJI Phantom 3 Professional Edition. At 2.82 pounds the weight of the UAS 

meets the definition of "small unmanned aircraft" found in section 331.

"The Reform Act". In order to obtain high quality photography and video the UAS will be 

used at speeds much less than its top speed of 33.5 mph. Due to the UAS being battery 

powered there are no combustible fuels on board. Maximum flight time for this 

particular UAS is 25 minutes battery life, flights to be terminated with 30% battery life 

remaining. Given the size, weight, speed, and limited operating area associated with the 

aircraft to be utilized I find this exception to be reasonable with an equivalent, or 

greater, level of safety to be reached by the operator.

Safety Precautions:

1) I do not operate within 5 miles of an airport unless prior contact to Air Traffic Control 

or the airport manager has been made.

2) I land my UAS prior to manufacturer recommended 30% minimum level of battery 

power.

3) I pilot my UAS through remote control by line of sight.

4) My UAS uses GPS and a flight safety feature whereby it returns to a preprogrammed 

position and then slowly lands if communication with the remote control pilot is lost. 

The Phantom 3 also has optic and proximity sensors to ensure a safe and accurate 

landing.

5) I actively analyze flight data and other sources of information to constantly update 

and enhance safety protocols.

6) I conduct extensive pre-flight inspections and protocol, during which safety carries 

primary importance.

7) I always obtain all necessary permissions prior to operation; and,
5

8) I have procedures in place to abort flights in the event of safety breaches or potential 

danger.

Public Interest

The use of an UAS in the real estate industry provides both buyers and sellers a higher 

level of service. For a buyer a higher level of marketing and advertising is achieved, 

appealing to more buyers, resulting in a quicker sale of their home. Quicker home sales 

also helps accelerate the economy as a whole.

Buyers experience the benefit of encompassing a whole property, sometimes several 

acres, in one photo or a short video. Not only does this benefit the specific home seller 

or home buyer, but it benefits the general public because it is much more efficient than 

traditional ways of using a plane or helicopter to achieve the same result. We can now 

provide this level of service while being conservative with fuel, time, emissions, noise, 

and other resources. Considering size, weight, speed, and absence of combustible fuels, 

my UAS will poses much less of a safety concern for the general public when compared 

to larger manned aircraft.

Thank you for your consideration.

David J. Cavanaugh, President

DCDIGITAL, Inc.

1750 Castle Rock Road

Frederick, MD 21701

240-415-9331

dcdigitalonline@mac.com