Date: February 28, 2016 

Adam Johnston 

Balius Marketing & Web Design 

7900 International Drive – Suite 300 

Bloomington, MN 55425 

ajohnston@baliusmarketing.com  

Subject: Exemption Request‐ Section 333 of the Federal Aviation Administration 

Reform Act of 2012 ‐ The petitioner is seeking exemption from the below listed FARs under Section 333 

of the FAA Reform Act to allow the operation of the DJI Standard/Professional 3 and Bebop 2.0 sUAS 

commercially in airspace regulated by the Federal Aviation Administration (FAA). This grant of 

exemption will permit the petitioner to operate the UAS for commercial photography, videography, and 

live‐feed purposes. 

Dear Sir or Madam, 

This document constitutes an exemption Request under Section 333 of the FAA Modernization and 

Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography & Videography by/for 

Matthew Dutcher. The main use of this UAS would be taking real estate and golf course photos and 

videos. The UAS system that I plan to use is a DJI PHANTOM 3 STANDARD & DJI PHANTOM 3 

PROFESSIONAL and Bebop Drone 2.0.  

1. The safe operation to the UAS and/or persons and/or property will be kept to a minimum by always 

flying the UAS within visual eye contact, less than 400 ft above ground and never directly above persons 

or public places. The orientation of flights will be such that the pilot in command (PIC) always has a 

visual on the rear mounted LED flight Indicator. Additional safety features on the DJI PHANTOM 3 

PROFESSIONAL DJI PHANTOM 3 STANDARD & DJI PHANTOM 3 PROFESSIONAL and Bebop Drone 2.0 

include return to home, low voltage, enhanced fail‐safe. All operations will include a visual observer 

(VO) aiding the PIC.  

2. Preflight inspection would consist of checking battery condition/level in both the transmitter and UAS. 

The binding/link feature will not let the UAS start if communication is not established. A check for 

power‐lines, antennas and other overhead objects would be performed. Wind conditions would be 

monitored and be a factor for flying.  

3. The radio frequency of the DJI PHANTOM PROFESSIONAL 3 DJI PHANTOM 3 STANDARD & DJI 

PHANTOM 3 PROFESSIONAL and Bebop Drone 2 is in 2.400GHz‐ 2.483GHz range. Maximum take‐off 

weight less than 1280g. Max Ascent speed 5 m/s, max descent speed 3 m/s. Maximum flight speed 16 

m/s (ATTI mode, no wind).  
4. The PIC will be only myself and I have a minimum of 50 plus flights with the DJI PHANTOM 3 

PROFESSIONAL DJI PHANTOM 3 STANDARD & DJI PHANTOM 3 PROFESSIONAL and BeBop Drone 2 in a 

hobbyist manner. I’m former VFR pilot who was certified in a Piper Cherokee Warrior. 

5. I am in good medical health and sound mental health.  

6. The intended use of this DJI PHANTOM 3 PROFESSIONAL DJI PHANTOM 3 STANDARD & DJI PHANTOM 

3 PROFESSIONAL and Bebop Drone 2 is to provide aerial images and video to real estate companies and 

golf courses, ski slopes and commercial properties ‐ an option that had not been viable for these 

businesses until the recent boom in drone popularity.  

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata 

recorded on a hard drive. This data would be kept readily available for a period of 1 year after each 

aerial flight for hire.  

8. In use flight time for UAS operation during real estate projects would be no more than 50 minutes. 

Each battery lasts approximately 25 minutes of uninterrupted flight and I own two batteries.  

9. Proximity of local airports: there is one airport in my area of operation. Minneapolis/St Paul 

International Airport [MSP]. The UAS will not be operated within 5 miles of either airport. Note: The 

latest firmware for the DJI PHANTOM 3 PRO and STANDARD. Will not allow the drone to operate within 

a no fly zone (airports, etc) in compliance to FAA rules and regulations.  

Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21  

Along with Sections:  

14 C.F.R. 45.23 (b)  

14 C.F.R. 61.113 (a) & (b)  

14 C.F.R. 91.7 (a)  

14 C.F.R. 91.9 (b) (2)  

14 C.F.R . 91.119 (a) (b) & (c)  

14 C.F.R. 91.121  

14 C.F.R. 91.405 (a)  

14 C.F.R. 91.407 (a) (1)  

14 C.F.R. 91.409 (a) (2)  

14 C.F.R. 91.417 (a) & (b)  

The petitioner requests relief from the following regulations: 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness certificates, and airworthiness approvals.  

Section 45.23 (b) prescribes, in pertinent part, that 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. Reason for relief: The body of the DJI Phantom and BeBop 2.0 is too small to support this size 

of markings.  
Action: The UAS will be marked with the business name, contact information and word “Provisional” 

made as large as possible. In addition, the serial number is listed with the manufacture and searchable 

on the internet.  

Section 61.113 (a) & (b) prescribes that—  (a) no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command of an aircraft.  

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection 

with any business or employment if:  

Reason for relief: (A) & (B) The flights are only incidental to the business of photography. This UAS is too 

small to carry a pilot or passenger and will not carry or deliver any personal property for hire. In 

addition, obtaining a private pilot certificate would be an unnecessary requirement and/or hardship for 

the purpose of unmanned aerial photography.  

Action: The only payload for this exemption is a fixed camera. No other payload/payloads will be 

allowed.  

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an 

airworthy condition.  

Reason for Relief: Airworthy condition is not defined in the DJI PHANTOM 3 STANDARD & DJI PHANTOM 

3 PROFESSIONAL and Bebop Drone 2 manual.  

Action: An airworthy preflight inspection would be checking battery condition/level in both the 

transmitter and UAS. The binding/link feature will not let the Phantom Standard/Professional 3 or 

Bebop 2.o start up if communication is not established. Check for power‐lines, antennas, and other 

overhead objects would be performed. Wind conditions would be monitored and be a factor for flying.  

Section 91.9(b)(2) prohibits operation of U.S.‐registered civil aircraft 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.  

Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft Flight Manual.  

Action: I will follow the preflight checklist that is included in the user manual.  This includes a visual 

inspection of the UAS and all its parts.  Flight will be grounded if any parts are damaged or not in good 

working order. 

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over 

congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet 

of the aircraft. (c) Over other than congested areas. 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.  
Reason for relief: This UAS Phantom quad copter at most times would be operated at less than the 

minimums prescribed in paragraph (b) or (c) of this section. The regulation states that over sparsely 

populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. Since the typical photo assignment would be photography of real estate structures and or 

vacant land it would be necessary to operate closer than 500 feet.  

Action: Operations will only be flown over property where permission has been obtained and careful 

pre‐planned has been performed. If/when the low battery LED flashes the UAS will be landed in a safe 

manner. Due to the small size and weight of the Phantom Standard/Professional 3 and Bebop 2.0, the 

hazard to persons, vehicles and structures is minimal compared to manned aircraft.  

Section 91.121 requires, in pertinent part, 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.  

Reason for relief: The Phantom Standard/Professional 3 and Bebop 2.0is not equipped with an altimeter 

and can hover within a 10‐foot radius in all directions. There is no minimum cruising speed and it will not 

be launched from an airport.  

Action: The above ground level height will be less than 400 feet programmed into the firmware and 

never flown out of visual eye contact or at night.  

Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected.  

Reason for relief: There is no certified inspection facility and the Phantom 3 Standard/Professional and 

Bebop 2.0 will not power on if it fails the POST (power on self‐test).  

Action: In the event that the Phantom Standard/Professional 3 & Bebop 2.0 needed inspection for any 

major or intermittent problems it would be safer to replace the entire UAS.  

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved 

for return to service by a person authorized under section 43.7 of the same chapter.  

Reason for relief: Replacement of props, motors, and batteries should be allowed by the operator. In 

addition, updating firmware when required should be allowed.  

Action: Parts will be genuine factory replacement. Only manufacture approved firmware will be 

uploaded.  

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter.  
Reason for relief: There is no certified inspection facility or process for the Phantom 

Standard/Professional 3 or bebop 2.0. Estimated flight times for photo shoots would be less than 40 

minutes possibly 2 times a week which would be approximately 80 minutes of flight time per week.  

Action: When any flight or intermittent problem become apparent and is not remedied by a simple 

repair the entire UAS would be replaced by the same model or as close to the DJI Phantom 

Standard/Professional 3 and Bebop 2.0.  

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall keep the 

following records for the periods specified in paragraph (b) of this section:  

Reason for relief: Due to the popularity, simplicity, size and limitation of the Phantom 

Standard/Professional 3 and Bebop 2.0 this could become an overburden for the owner/operator and 

any regulating agency.  

Action: All photo flights for hire would have the date, time, GPS coordinates along with the camera 

metadata recorded and kept online via DropBox. This data would be kept readily available for a period 

of 1 year after each aerial flight for hire.  

Public Interest: Granting my request would be in the public interest by giving an opportunity for real 

estate, commercial properties and golf course photographers to offer safer and more competitively 

priced aerial photography and videography to the general public.  

Adversely affect safety: This exemption would not adversely affect the safety of the general public due 

to the size, weight and keeping the UAS in visual sight. In comparisons to aerial photography from a 

manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental 

impact.  

Conclusion: The petitioner is requesting this exemption for the purposes of “aerial photography, 

cinematography, videography, mapping, crop surveying, inspections and other flight operations”.  This 

will help me grow my business as the drone marketplace is an emerging market and a growth area for 

my business as well as many businesses that will utilize my drones.  I want the opportunity to work with 

in the real estate, golf courses and commercial building owners to offer a new perspective to their 

clients.  I plan on following fly my UAVs within my visual eye and not within the path of any manned 

aircraft. 

Sincerely, 

Adam Johnston 

Balius Marketing & web Design 

7900 International Drive – 300 

Bloomington, MN 55420 

952‐346‐9258 

ajohnston@baliusmarketing.com