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January 25th, 2016

Bridget Elkin

114 Main Street

Greenport, NY 11944

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, SE., 

Washington, DC 20590-0001 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations 

To whom it may concern,

In accordance with the Public Guidance for Petitions for Exemption filed under Section 333, 

Bridget Elkin (“the applicant”) requests exemption from the Federal Aviation Regulations to 

allow for commercial UAS (“unmanned aircraft systems”) operations of a DJI Phantom 3 

Professional (“aircraft”), for the purpose of conducting aerial photography and aerial 

videography pertaining to:

● Agricultural communities, specifically the Long Island Wine Council and its member 

vineyards

● Evaluation and documentation of land preservation and conservation efforts, such as 

aiding efforts to control soil erosion and restore wetlands, as overseen by The Peconic 

Land Trust 

● The promotion of sustainable organic food production, specifically on the North Fork of 

Long Island, NY and in the Finger Lakes Region of NY

● Private and public events such as but not limited to weddings, reunions, fundraisers and 

local community sponsored events

● Clients looking to promote their local or small businesses

● Real estate marketing 

● News coverage and search and rescue efforts as under contract of the local government.

● Personal photography

Operators name and address: 

Bridget Elkin 

114 Main Street

Greenport, NY 11944 

516.330.6086

Email: bridgetelkinphoto@gmail.com
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Glossary of Abbreviations

AGL: Above Ground Level

AIRCRAFT: DJI Phantom 3 Professional

FAA: Federal Aviation Administration 

FAR: Federal Aviation Regulation 

GPS: Global Positioning System

PIC: Pilot in Command

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

UAS: Unmanned Aircraft System

VFR: Visual Flight Rules

VLOS: Visual Line of Sight

Make and model of the aircraft for proposed operations:

DJI: PHANTOM 3 PROFESSIONAL

Weight (including battery and 

propellers)

1280 g

Diagonal size (including 

propellers)

590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy ● Vertical: +/- 0.1 m (when Vision Positioning is 

active) or +/- 0.5 m

● Horizontal: +/- 1.5 m

Max Speed 16 m/s (ATTI mode, no wind)

Max Service Ceiling Above Sea 

Level

6000 m (Default altitude limit: 120 m above 

takeoff point)

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS
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The DJI Phantom 3 that I, Bridget Elkin will operate has been 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 on 

12/28/2015 as detailed below:

CERTIFICATE 

HOLDER: Bridget Elkin

UAS CERTIFICATE 

NUMBER: FA3PTE79PN

ISSUED:12/28/2015 EXPIRES:12/28/2018

Specific regulations from which relief is requested: 

14 CFR 21, Subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a) 

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 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (l) 

14 CFR 91.409 (a) (l) & (a)(2) 

14 CFR 91.417 (a) & (b) 

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

Given the size, weight, speed, and limited operating area associated with the aircraft and its 

operation, I the applicant request relief from 14 CFR part 21, Subpart H (airworthiness 

certificated), and §91.23 (a) & (b) (certificates required). 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.
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The UAS that the applicant is seeking exception to operate (DJI Phantom 3 Professional) is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, will never carry explosive 

materials or flammable liquids such as fuels, and operates exclusively within a secured and 

designated area. Operations under this exemption are intended to be both tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public 

safety requirements. The FAA will have advance notice of all operations. 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

14 CFR 45.23 (b): Marking of the Aircraft 

While the UAS will have no airworthiness certificate, an exemption may be needed and 

therefore, I the applicant request exemption from §45.23 (marking of the aircraft) as the UAS 

does not have a cabin, cockpit, or pilot station on which the word "Experimental" can be placed. 

Given the size of the UAS, two-inch lettering won’t be possible. The equivalent level of safety 

will be provided by having the UAS marked as required by §45.29 (f) where the pilot, observer 

and others working with the UAS will see the identification of the UAS as "Experimental." The 

UAS also has LED lights to be used during the day and night for aided visibility. 

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a): Private Pilot Privileges and Limitations, 

Pilot in Command

I the applicant am seeking exception from this clause as my UAS will not carry a pilot or 

passengers and because the equivalent level of safety can be achieved as the PIC (pilot in 

control) will not be allowed to operate the UAS in a manner consistent with the exemption, 

including reckless operation or maneuvering of the aircraft. The PIC will l keep the appropriate 

distance from people, vehicles, other vessels and structures while operating the UAS. 

Additionally, I do not feel that the additional manned airmanship skill of a commercially 

certified pilot correlates to the airmanship skills necessary to operate an UAS in the type of 

manner I, the PIC intend to uphold (as noted in exemption 13001).

The FAA has previously granted relief from section 61.113(a) and (b) in similar exemptions in 

all material respects to those presented herein ( e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066. 11067, 11080, 11109, 11110, 11112, 11136, 11150, 11153, 11156, 11158, 11159, 

11160, 11161).

14 CFR 91.7 (a): Civil Aircraft Airworthiness

As my UAS will not carry a pilot or passengers there will be no airworthiness certificate issued 

for the aircraft, should this exemption be granted, no FAA regulatory standard exists for 

determining airworthiness. In consideration of the size of the aircraft, maintenance, and use of 

safety checklist prior to each flight, an equivalent level of safety will be provided. All flights for 

each aircraft will be in accordance with the safety and maintenance recommendations found in 

the DJI Phantom 3 Professionals’ manual and as issued by the FAA in regards to UAS. I Bridget 

Elkin, intend to operate the UAS in a manner consistent with the exemption, if granted.
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14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

In consideration of 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 a flight manual. An 

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

where the UAS pilot will have immediate access to it at all times. 

14 CFR 91.103 (b) (2): Preflight Action

As no FAA approved flight manuals will be provided for the aircraft listed, an exemption is 

needed. Alternate procedures including but not limited to reviewing airspace, weather conditions, 

checking flight battery requirements, checking takeoff and landing distances, along with 

checklists found in the manufacturers’ manuals will be implemented. These actions will provide 

an equivalent or higher level of safety. 

14 CFR 91.109: Flight Instruction

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. An equivalent level of safety will be achieved using the real time ground 

station data since the UAS will carry neither a pilot or passengers and in consideration of its size 

and speed limits. 

14 CFR 91.119 (c): Minimum Safe Altitudes

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 

operation is planned, an exemption may be needed. The UAS will never be operated at an 

altitude higher than 400 feet AGL. The UAS will operate in safe areas away from public and 

traffic and only with permission of the property and structure owners. The UAS will also be 

restricted by the flight controller to a maximum vertical height of 400 feet AGL, and 1500 feet 

horizontal. In consideration of the size, weight, maneuverability and speed of the UAS, an 

equivalent or higher level of safety will be achieved. 

14 CFR 91.121: Altimeter Settings

As noted in exemption 11138, this clause is not applicable since the UAS does not have an 

altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information 

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

14 CFR §91.151 states UAS flights would be limited to approximately 10 minutes in length. 

Given the limitations on the UASs has a limited range and will be limited to operations in a 

controlled environment, a longer time frame for flight in daylight or twilight VFR conditions is 

reasonable. I, the applicant feels that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. The battery power the UAS above provide approximately 23 minutes 

of flight time which is under the 30-minute reserve requirement therefore requiring an 

exemption. An equivalent level of safety will be achieved by monitoring the battery through the 

ground station and landing with a minimum of 25% battery remaining. 
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14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

Given the size and configuration, the UAS does not have the ability or room to carry a flight 

manual on the aircraft. An equivalent level of safety will be maintained by keeping these 

documents both registrations and manual at the ground, both registration and manual on the 

ground where the PIC will have access to it at all times. 

14 CFR 91.405 (a), 14 CFR 91.407 (a)(1) , 14 CFR 91.409 (a)(l) & (a)(2) ,14 CFR 91.417 (a) 

& (b) : Maintenance Inspections

Given the above sections only apply to aircraft with an airworthiness certificate; these sections 

do not apply to my UAS. An equivalent level of safety will be achieved because the UAS 

seeking exemption is limited in size and weight and will only operate in restricted areas for a 

limited period of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will go through pre-flight safety 

check list to ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Maintenance and inspections will be 

performed in accordance with the UAS Manufacturer's User Manual.

Equivalent Level of Safety 

1. The UAS will not be operated within 5 miles of an airport. 

2. The UAS will stay away from other aircraft at all times.

3. The UAS will weigh less than 55lbs.

4. Yield the right of way to all human carrying aircraft.

5. Flights will not operate near emergency responders.

6. The PIC will never fly under the influence of drugs or alcohol.

7. THE UAS will only be operated in tightly controlled and limited airspace.

8. Flights will be terminated when either 25% battery power reserve or after 23 minutes of 

flight time has been logged on one UAS’s battery.

9. Flights will operate at an altitude of no more than 400 feet AGL.

10. Flights will not occur in weather conditions that prevent the PIC from keeping the UAS 

in line of PIC sight or conditions that impede the proper operation of the aircraft. 

11. The UAs must be operated within the visual line of sight of either the PIC or the VO at 

all times, unaided by any device other than corrective lenses.

12. Flights will not exceed airspeed of 87 knots or 100 mph.

13. UAS operations will not be conducted during night, as defined in 14 CFR§1.1. 

14. The UAS will utilize an internal flight safety feature that will return to a 

preprogrammed position and land if communication with the remote control is lost. 

15. The UAS will abort flight in the event of unpredictable obstacles or emergencies.
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Public Interest 

As many authors of previous exemptions have noted, the type of small UAS that I am proposing 

to have an exemption to operate herein is a viable alternative to traditional methods of aerial 

photography and videography in that no fuel is used, reducing the risk of harm to the public and 

the environment and that an equivalent level of service can be achieved while also reducing time 

and noise levels.

My personal interests in obtaining an exemption are aligned with many of my clients and the 

greater public interest in that:

1. I am located in a community, specifically the North Fork of Long Island, where there are 

currently no persons or LLC who are in possession of a FAA exemption. If granted, I 

would be in a position to better serve clients and community members by offering a safer 

and accessible alternative to existing services while discouraging those who have not 

been granted a FAA exemption from piloting UAS themselves or using UAS belonging 

to entities without an FAA exemption. This is especially true within the realm of real 

estate photography and videography.

2. Providing entities such as The Long Island Wine Council and The Peconic Land Trust 

with an affordable, environmentally friendly alternative to traditional aerial photography 

will aid them in expanding their efforts to protect the public’s interests. Both entities are 

partially funded by the public and tasked with enhancing their quality of life through the 

protection of the environment and industries vital to the region. Those positively affected 

include but not limited to farmers, vineyard owners and employees, residents, fisherman 

and public servants. 

3. Aerial photography and videography are fairly new to the commercial marketplace and 

the majority of material used in marketing efforts has been accessible only to larger 

corporations and individuals capable of making large monetary investments to employ 

such operations for their marketing tactics. By providing exemptions for individuals like 

me, you are allowing for smaller scale operations that will provide a similar service at 

favorable rates dictated by the local market place. Small business owners will have access 

to an additional tool to expand their marketing strategies and hopefully grow their 

business that was previously cost prohibitive or unavailable to them.

4. Lastly, photography and images have proven to be more powerful than ever in our age of 

digital news and social media sharing. Photographs, both on the ground and from the air 

have benefited important movements across the globe. There visual impact have 

encouraged many to donate after natural disasters, aided in search and rescue efforts and 

perhaps most importantly given world citizens a rare view of the earth we inhabit, giving 

human beings yet another way to gather information to better serve current and future 

generations. Providing a broader group of individuals with exemptions to fly UAS 

responsibly and safely will in turn allow for this visual perspective to be shared more 

often, expanding its positive impact locally and globally.
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Closing Statement

I, Bridget Elkin seek exemption as outlined in the above petition in order to operate a small 

lightweight DJI Phantom 3 Inspire aircraft for commercial hire within the borders of the United 

States of America, for the purposes explicitly stated above. I believe this exemption would allow 

me to safely serve my community with a great sense of accountability. 

Please do not hesitate to contact me if you have any questions regarding my petition.

Many thanks for your time and consideration,

Bridget Elkin

(Applicant)

References:

Long Island Wine Council:

Michael Falcetta, Vice President, 631-765-0200

Peconic Land Trust:

Russell C McCall, President’s Council, 631-283-3195/ 631-734-5764

Daniel Gale Sotheby’s International Realty:

Carol Szynaka, Manager North Fork Offices, 917-640-2622