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Addendum for: (Docket No. FAA-2014-0893)

Charles J. Lesowske

16176 Foothill Loop South

Sisters, OR 97759

DBA ColorPhoto 

541-549-2928

541-693-4111

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 lightsport 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 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.
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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 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 Phantom FC40 

manual.

Action: an airworthy Pre-flight inspection would be checking battery 

condition/level in both the transmitter and UAS. The binding/link feature will not 

let the Phantom FC40 start up 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.

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: There is a “Checklist before every flight” instruction tag attached to the 

body of the Phantom FC40 that will be followed. 
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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 FC40, 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 FC40 is 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 FC40 

will not power on if it fails the POST (pre on self test).
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Action: In the event that the Phantom FC40 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 FC40. Estimated flight times for photo shoots would be less than 20 

minutes possibly 2 times a week which would be approximately 35 hours of flight 

time. 

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 FC40. 

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 FC40 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 on a hard drive and also backed up to 

a DVD. This data would be kept readily available for a period of 1 year after each 

aerial flight for hire.
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Public Interest: Granting my request would be in the public interest by giving an 

opportunity for real estate photographers to offer safer and more competitively priced 

aerial photography 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. 

Additional view/comments. As a seasoned photographer the need to offer 

photography from a UAS is something that will help my business and clients. I believe 

that the public in general would not want a thousand drones delivering packages daily, 

drones flying over their child’s soccer game nor over a wedding ceremony. I’m in hopes 

that this exemption is granted so that I can assist in the ground floor education and lead 

by good example for the good of the people. 

Respectfully,

Charles J Lesowske