U.S. Department of Transportation Docket Management System 

West Building, Ground Floor, Room w12-140

1200 New Jersey Avenue SE Washington, DC 20590 

Steven Rossi

SR Photo LLC

138 W. Cedar St Unit #1

Norwalk, CT 06854

203-831-8269 February 4, 2016

Re: Exemption to the Federal Aviation Administration (FAA) under 

Section 333 of the FAA Modernization and Reform Action of 2012 

(Public Law 112-95) and Part 11 of the FAA Regulations and certain 

parts of the FARs. 

Dear Sir or Madam: 

Request: 

In order to provide safe and environmentally-friendly aerial videography 

and photography for private and public business interests, I, Steven 

Rossi, SR Photo, LLC, pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 ("FMRA"), would like to 

formally submit for exemptions from the following Section 333 

regulations: 

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7(a)

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

14 C.F.R. 91.119(c), 
14 C.F.R. 91.121,

14 C.F.R. 91.151(a)(l),

14 C.P.R. 91.203(a) and (b), 14 C.F:R. 91.405(a),

14 C.F.R. 91.407(a)(l),

14 C.F.R. 91.409(a)(l) and (2), 14 C.P.R. 91.417(a) and (b) 

I am requesting these exemptions so that I may safely operate the DJI 

Phantom 3 Professional UAS, FAA Registration Number: 

FA3KXNHA34, commercially along the guidelines of the accompanying 

operator's manual as well as current FAA operating procedures. 

Proposed UAS and Operations 

The DJI Phantom 3 Professional weighs less than three pounds, will 

always be flown under 400 feet limited via software by its GPS and 

barometric sensors, is electrically powered by a lithium ion battery, 

carries no combustible fuel or crew, and will be transported in proper 

storage to and from all flight areas (in accordance with FAA November 

17, 2015 guidelines). The aforementioned proposed exemptions would 

allow me to operate the DJI Phantom 3 Professional UAS for 

commercial purposes of aerial videography and photography as a service 

to public and business interests, including: property managers real-estate 

photography and videography, public and commercial photography. 

As evidenced by recent Exemption Numbers 14582, 14589, 12045 and 

12058, the FAA recently approved similar use of the DJI Phantom 3 

Professional UAS. These particular UAS have been proven reliable and 

safe flying machines managed by gyroscopically-stabilized flight, 

ground detection, GPS-aided navigation, a built-in compass, blinking 

LED lights, a manual and automatic fail safe "Return To Home" mode 

for returning to the point of takeoff, and propeller guards in order to 

protect both the UAS and the environment. This particular model 

combines state-of-the-art, proven technology with high quality 
manufacturing and user-friendly control to ensure safe operation and 

easy maintenance and care. 

Specific section(s) of 14 CFR which I seek relief and the reason(s) I seek 

relief: 

14 C.F.R. Part 21: Airworthiness Certificates 

Given the size and limited operating area associated with the UAS to be 

utilized, an exemption from Part 21 meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform 

Act. As evidenced in Exemption No. 12045, "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 conventional 

aircraft operating with an airworthiness certificate without restrictions 

and conditions proposed." 

14 C.F.R. 45.23: Display of marks: general 

Because the DJI Phantom 3 Professional does not have a cabin, cockpit, 

pilot station, fuselage, boom, or tail on which to mark large words, 

numbers, or phrases, I request exemption from the above regulation. 

However, in efforts to comply with the above regulation I will affix a 

small label to the external hull of the UAS indicating my name, address, 

and my FAA Registration Number: FA3KXNHA34

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in 

command 

Under § 61.113 (a) and (b), certified private pilots are limited to 

noncommercial operations. However, I am able to achieve an equivalent 

level of safety through current FAA regulations of UAS operation 

without such a certification because of the above mentioned safety 

features of the DJI Phantom 3. According to Exemption No. 12045 in 

which the DJI Phantom 3 Professional was authorized for similar 
operation, "The FAA has previously declared that additional manned 

airship experience of a commercially certified pilot would not correlate 

to the airmanship skills necessary for similarly proposed operations in 

previously issued exemptions to this regulation through Exemption 

Numbers 11062 and 11138." Therefore, bearing any pilot certification or 

license will not ensure remote piloting skills of a UAS; the risks of 

operating this UAS are far less than the risk levels inherent in 

commercial activities with traditional aircraft given the DJI Phantom's 

safety features and the limited range and speed of the UAS. The FAA 

has approved a similar exemption to the above rule as evidenced in 

Exemption Number 12058. 

14 C.F.R 91.7: Civil aircraft airworthiness 

Currently there is no certificate applicable to this UAS, and therefore it 

will be up to myself, SR Photo, LLC, to determine the airworthiness of 

the DJI Phantom 3 Professional in accordance with its official operating 

manual. Written and signed pre and post-flight inspections of the 

propellers, motors, frame, landing stands, camera and gimbal unit, 

connected tablet devices, a compass calibration and properly ensured 

GPS locks as indicated by the DJI Phantom's display of "Safe to Fly" 

message will be performed before and after each flight, accurate records 

of which will be kept with the UAS's storage and transportation system 

at all times. These records will be dated and will include the total flight 

time of each flight. 

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard 

requirements 

As evidenced in Exemption Number 12045, since there are "no pilots or 

passengers on board this aircraft, and given its size, this regulation is 

inapplicable. A n equivalent level of safety will be achieved by 
maintaining a safety/flight manual with the operator." In addition to the 

official safety/flight manual provided by DJI upon purchase of the 

Phantom 3, following the FAA regulations for UAS operations will 

ensure a high level of safety. 

14 C.F.R. 91.119(c): Minimum safe altitudes 

I, Steven Rossi, SR Photo, LLC will ensure that the UAS does not 

operate any higher than 400 feet at ground level by setting the maximum 

altitude at 400 feet in DJI's pilot application and ensuring this is set 

before each flight as part of the pre-flight inspection. I will not fly over 

congested areas or directly above unprotected people or moving 

vehicles. I will plan operations before hand for proper flight safety and 

proper height analysis as to avoid collisions. The GPS and barometric 

sensors equipped on the DJI Phantom 3 will ensure accurate altitude 

readings, the output of which will be fed to my tablet device in real time 

as I operate the UAS. 

14 C.F.R. 91.121: Altimeter settings 

The DJI Phantom 3 utilizes the latest GPS/GLONASS technologies as 

well as a barometric sensor with live data output to the tablet device 

attached to the transmitter. An equivalent level of safety and accurate 

altimeter telemetry will be achieved by using this. 

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions 

The DJI Phantom 3 is electrically-powered by lithium ion batteries 

which are made by DJI specifically for this particular UAS. They are 

rated as providing no longer than 18 minutes of flight time. Therefore, 

due to the limitations of the batteries, it is currently impossible to 

comply with part 91.151. 

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required 
Currently, there are no procedures for providing airworthiness 

certificates for the mentioned UAS. I, Steven Rossi, SR Photo, LLC, 

however will always fly safely while having the manuals of the DJI 

Phantom 3 and abiding by FAA regulations for UAS operation and 

safety guidelines. 

14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): 

Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, 14 C.F.R. 91.409(a)(l) and (2): Inspections & 14 C.F.R. 

91.417 (a) and (b): Maintenance records 

Maintenance inspections may be required and should be granted since 

they apply to aircraft with an airworthiness certificate. However I, 

Steven Rossi, SR Photo, LLC, will perform both preflight and post-flight 

inspections of the UAS before and after each flight as outlined in the 

operating documents. I, Steven Rossi, SR Photo, LLC, will also follow 

manufacturer recommendations from said operating documents and keep 

a written record of any maintenance done to the UAS. 

Public Interest and Public Safety: 

SR Photo, LLC has over 30 years of professional photography 

experience and service, the past 19 years specializing in high end 

residential real estate. These estates can be from 2 acres up to 280 acres, 

therefore as a contract or work for hire photographer, the majority of 

our UAS operations would be on private property with the owners 

permission. It is in SR Photo, LLC’s best interests to maintain the 

highest level of professionalism, safety and follow all FAA laws and 

guidelines.

Aerial photography and videography services provided to both the 

public and private owners, allows for a more cost-effective, safe, and 

environmentally-friendly method to capturing imagery than its 

alternative: manned aircraft and helicopters. The latter are expensive to 

operate and maintain, create a high level of noise, and are much more 
hazardous due to size and combustible fuel - especially if flown at low 

altitudes required for some operations. 

I, Steven Rossi, SR Photo, LLC, in addition to using my UAS for 

commercial endeavors, will also gladly offer my services free of charge 

upon request and with proper coordination to any official search and 

rescue or emergency services organization to benefit the public. Because 

of this, an increase of commercial activity and a gaining of more detailed 

understanding of private and/or farm land would help local and area 

communities by: reducing pollution, risk, and operating costs by 

alternative aerial video and photography services such as manned 

airplanes and helicopters, reducing carbon emissions and traffic 

congestion by vehicles looking to view properties such as real-estate or 

farm land, and increase visibility to local attractions thereby bolstering 

local commerce and tourism. 

Given that there is no fuel and no crew on this UAS, that it weighs under 

three pounds and has propeller guards, as well as having a low 

maximum speed (less than 18mph), safe operation of this craft does not 

pose any immediate danger to the environment, wildlife, infrastructure 

or people. DJI has built in a "No Fly Zone" for major cities and points of 

interest that have registered as a "do not fly zone." Operation of the 

Phantom 3 cannot happen in these locations, as any flight capabilities 

becomes blocked by the UAS itself if within range and the operator is 

notified. Given its GPS and ground-sensing capabilities, a failsafe 

"Return To Home" mode will safely return the craft to the operator at the 

push of a single button or automatically when the craft is either low on 

power or operating outside of its transmitter's range. This ensures that 

the craft will not remain airborne in unsafe conditions and pose any 

public danger. 

Summary 

I, Steven Rossi, SR Photo, LLC, am seeking exemption from the 

following rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 
61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 

14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 14 C.P.R. 91.203(a) and (b), 14 

C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(l) and (2), 

14 C.F.R. 91.417(a) and (b). With the exemptions of the mentioned rules 

I, Steven Rossi, SR Photo, LLC will be seeking to make my UAS 

photography/videography services available to public and commercial 

interests. The FAA has authorized similar operations under Exemption 

Numbers 14582, 14589, 12045 and 12058. Alternatively, public and 

commercial interests had previously sought the use of manned aircraft to 

achieve what I can offer in a safer, more cost-efficient and 

environmentally-friendly manner by not using combustible fuel, flying at 

safe heights and strictly following the usage recommendations from DJI. 

These include but are not limited to: 

• Flying the DJI Phantom 3 safely in accordance with its operator's 

manual.

• Always flying below 400 feet, using the DJI Phantom's altitude limiter 

to ensure this.

• Completing thorough inspection of UAS before and after flights and 

keeping inspection records with the craft at all times

• All operations are conducted during daytime Visual Flight Rules 

(VFR) conditions within visual-line-of-sight (VLOS) of the pilot.

• Using an observer to assist if needed

• Remaining safely clear of and do not interfere with manned aircraft 

operations

• Not flying directly over unprotected persons or moving vehicles

• Not flying within 5 miles of an airport or control tower

• Not flying in adverse weather conditions such as high winds, rain, or 

impaired visibility

• Not flying under the influence of alcohol or drugs 

• Ensuring the operating environment is safe

• Not flying over sensitive infrastructure or property such as power 
stations, water treatment facilities, correctional facilities, etc.

• Checking and following all local laws and ordinances before flying 

over private property

• Not conducting surveillance or photographing persons in areas where 

there is an expectation of privacy without the individual's permission.

• Maximum total flight time for each operational flight will be 20 

minutes.

• Flights will be terminated at 20% battery power reserve.

5. UAS operator will be trained and certified in the proper safety and 

operations of the UAS. 

• The UAS will only operate within a controlled area as defined in the 

Procedures.

• The operator will have been trained in operation of UAS generally 

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

operated as required.

• If the UAS loses communications or loses its GPS signal, the UAS 

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

Security Perimeter and land.

• The UAS will have the capability to abort a flight in case of 

unpredicted obstacles or emergencies.

 SR Photo, LLC thanks you for your time and effort in processing this 

request and look forward to cooperating with the FAA in its continued 

commitment for the safe operation of UAS. 

Sincerely, 

Steven Rossi

SR Photo, LLC

www.steverossi.net

FAA Registration Number: FA3KXNHA34