Scott W. Robinson - Section 333 Exemption Petition

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Scott W. Robinson - Section 333 Exemption Petition

2/19/2016

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave,

SE Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 

45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 

91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) 

Dear Sir or Madam: 

I, Scott W. Robinson, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, to request that I, Scott W. Robinson, an owner and operator of small 

unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Scott 

W. Robinson, may operate 

my small ultra-lightweight Unmanned Aircraft System (“UAS”) in commercially regulated 

airspace by the Federal Aviation Administration (“FAA”). 

Following exemption and approval by the FAA, I, Scott W. Robinson, will primarily use my professionally built

DJI Phantom 3 Professional UAS (equipped with cameras) for the following applications: augmentation of 

real estate listing videos, data collection, the creation of visual and topography layout videos for Search and 

Rescue (SAR) missions, building and construction zone inspections.

My exemption request would permit the operation of ultra-lightweight, unmanned (i.e. piloted by remote control) 

UAS’s for the development of community and government use videos, permissible within property boundaries 

for individual homeowners and within tightly controlled, limited airspaces. Predetermined in areas away from 

the general public, airports, heliports and vehicular traffic. Currently, similar lightweight, remote controlled 

UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to 

prevent catastrophe. Furthermore, it is my intent to assist future FAA safety protocols and regulations exclusive 

to lightweight UAS's for specific video and photography usage by sharing information with the FAA as I, Scott 

W. Robinson, record flight data and other pertinent information gained through permitted flight operations. 

In addition, granting my exemption request will comply with the Secretary of Transportation’s (FAA 

Administrator’s) instructions to not only integrate UAS's into the national airspace system, but to “...establish 

requirements for the safe operation of such aircraft systems (UAS's) in the national airspace system”. This

under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/realtor purposes, 

educational videos, Search and Rescue, land/trusts inspections, agricultural field monitoring, film/video 
Scott W. Robinson - Section 333 Exemption Petition

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productions, closed-set motion picture film operations and television, and structure inspections, to aid state and 

local agencies. 

Further, I will conduct my operations in compliance 

with the protocols described herein or as otherwise established by the FAA. 

For the reasons stated below, I, Scott W. Robinson, respectfully 

request the grant of an exemption allowing me to operate ultra-lightweight, remote controlled 

UAS’s to aid academic community awareness, to benefit/stimulate attraction to the greater Santa Barbara area

and to enhance personal and public video feeds. A grant that will ultimately 

allow UAS’s to play a more positive role in our local community by increasing employment 

opportunities, heightening security measures and decreasing government expenditures by 

reducing the need for heavier manned aircraft, containing costly, combustible fuel - a potential 

public hazard. 

I. Contact Information:

Scott W. Robinson,

912 N. Alisos St.

Santa Barbara CA, 93103

Phone: 805-896-7725

Email: abovesantabarbara@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations from Which 

Scott W. Robinson Requests Exemption are: 

14 CFR 21; 14 C.F.R. 45.23(b); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 

III. The Extent of relief Scott W. Robinson Seeks and the Reason He Seeks Such Relief: 

I, Scott W. Robinson, submit this application in 

accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any 

currently applicable FARs operating to prevent me, Scott W. Robinson, contemplated commercial cinematic, 

academic and other flight operations within the national airspace system. The Reform Act in Section 332 

provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the 

public’s interest to do so. My ultra-lightweight UAS meets the definition of “small unmanned aircraft” as defined 

in Section 331; therefore, the integration of my ultra-lightweight UAS is expressly contemplated by the Reform 

Act. I would like to operate my ultra-lightweight UAS prior to the time-period by which the Reform Act requires 

the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable 

information for formal regulation that can be administered uniformly to all related UAS aerial video and 

photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely 

in our national airspace system. Considerations include; the weight, size, speed and overall capabilities of the 

UAS's; whether the UAS will be operated near airports or heavily populated areas and whether the UAS will be 

operated by line of sight. 112 P.L. 95 § 333 (a). 
Scott W. Robinson - Section 333 Exemption Petition

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Each of these items reflect in favor of an exemption for me, Scott W. Robinson. My UAS’s utilize eight (8) or 

less rotating propellers for balance, control and stability. My UAS’s are equipped with the following via video 

and data telemetry:

1) Altimeter 

2) Attitude indicator 

3) Ground Speed indicator 

4) Magnetic compass 

5) Heading indicator 

6) Vertical speed indicator 

7) Course deviation indicator 

8) Radio magnetic indicator 

9) GPS location 

10) Battery consumption and Battery Left with approximate time. 

11) Loiter and circle mode. 

12) Auto safety or RTL (Return To Launch)

13) Auto landing technology. 

My UAS weighs less than six (6) pounds (far below the maximum 55-pound limit),

including a camera with a gimbal (a camera stabilizer). I, Scott W. Robinson, consider safety as foremost with 

each flight. My small-unmanned aircraft is designed to hover in place, circle in a specific place or loiter via GPS 

and can be operated in winds up to 30.4 knots (35mph) wind. For safety, stability and fear of financial loss I will 

not fly in winds exceeding 21.7 knots (25 mph). Built in safety systems include a GPS mode that allows my 

UAS to hover/circle in place or land when radio controls are released. 

With three (3) modes to choose from, I will fly with the modes safest to complete the videos for 

aerial videography/photography and have the ability to choose the safest, most reliable and 

stable mode to prevent accident and hazard. When pilot communication from the radio 

control is lost, my UAS is designed to slowly descend to point of takeoff and or to land at point of launch after 

ascending to a pre-set altitude to ensure the UAS will clear any obstacles that 

may be between the takeoff point and the current position of the UAS. This failsafe altitude 

will not be set more than 200ft and is determined before each flight. 

I, Scott W. Robinson, will not operate my UAS near airports, hospitals nor police heliports, and do not operate 

near areas where the general public is within fifty to one hundred (50-100) yards depending on location, 

conditions and weather. I am constantly on alert for any manned aircraft (police/medical helicopters, etc.) and 

prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach 

my location or should I suspect manned aircraft may approach near my location. My UAS is capable of vertical 

and horizontal operations, and is flown only within my line of sight, as the remote control pilot. My UAS is also 

flown with a second operator who aids in watching for any obstacles, including manned aircraft, within the flight 

zone of the UAS. Utilizing battery power rather than combustible fuels, flights generally last between ten (10) 

and fifteen (15) minutes, with an altitude under one hundred fifty (150) feet. Three (3) Smart Modes include, 

position hold, self-leveling, altitude command, GPS, return home feature, and safety control to return home or 

land in the event of communication interruption between RC transmitter and UAS.
Scott W. Robinson - Section 333 Exemption Petition

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I, Scott W. Robinson, utilize a fresh fully charged battery with each flight as a safety precaution; full flight time 

limit for each battery is twenty (20) to twenty three (23) minutes as tested. I do not operate my UAS at or below 

manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe 

operating range to insure adequate communication between radio control and UAS to eliminate potential for 

crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for 

sufficient safe level of operation. I do not believe in taking risk that may cause a crash that could create hazard 

to the public, property or manned aircraft, and have no desire to lose an investment. I have clocked numerous 

practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization 

with the characteristics of this specific UAS's performance under different temperature and weather conditions. 

I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the 

sake of safety. 

I, Scott W. Robinson, am extremely cautious when operating of my UAS/ultra-lightweight unmanned aircraft 

and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). 

Given the small size and weight of my UAS it falls well within Congress’s contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace 

system. My UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the 

general public or national security. 

IV. How Scott W. Robinson’s Request Will Benefit the Public as A Whole: 

Aerial videography for geographical awareness, education, search and rescue, land management, structure 

inspections and for real estate marketing has been around for a long time through manned fixed wing aircraft 

and helicopters. For small budget companies, average homeowners and property owners the expense of such 

aerial videography is cost prohibitive. Only large companies and high-end realtors or luxury homeowners can 

afford to absorb such expense, consequently depriving non-luxury owners and lower budget companies from a 

valuable marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash, 

something that the Santa Barbara community has experienced in the past. Numerous crashes of light aircraft 

and helicopters have sadly resulted in loss of life. A large contributing factor in these fatal accidents is 

combustible fuel that exploded and burned on impact. 

My UAS’s poses no such threat since size and lack of combustible fuel alleviates any potential threat to the 

public. Congress has already proclaimed that it is in the public’s interest (i.e. to integrate commercially flown 

UAS's into the national airspace system), hence the passing of the Reform Act. Granting my exemption 

request furthers the public interest through academic/visual awareness of the geographical benefits in and 

around the greater Santa Barbara area. My ultra-lightweight UAS is battery powered and creates no emissions 

that can harm the environment. The consequence and likelihood of my ultra-lightweight UAS crashing is far 

less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause 

catastrophic ecological, economic as well as physical devastation to the public. It is for these reasons it is in 

the public’s interest to allow my battery operated ultra-lightweight UAS the exemption. Permitting me to 

immediately fly within national air space furthers economic growth. Granting my exemption request 

substantially furthers the economic impact for Santa Barbara and the surrounding community for companies 

and individuals alike looking to relocate or build in or around the Santa Barbara area. Both of these serve as a 

stimulus to the community. 
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V. Reasons Why Scott W. Robinson’s Exemption Will Not Adversely Affect Safety or How the 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

My exemption will not adversely affect safety. Quite the contrary, for the reasons stated. Permitting me, Scott 

W. Robinson, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow 

me to contribute to the innovation and implementation of new, novel and, as of yet, undiscovered safety 

protocols for realtors, land and structure owners (developed in cooperation with the FAA). 

In addition, I submit the following representations of enhancements to current aerial videography and 

photography: My UAS’s weigh less than six (6) pounds complete with an integrated ultra-light weight camera. I

only operate my UAS below 200 feet (well within the 400-foot permissible ceiling set by the FAA Modernization 

and Reform Act of 2012). My UAS only operates for ten (10) to fifteen (15) minutes per flight. I land my UAS 

prior to the manufacturer’s recommended minimum level of battery power. I pilot my UAS through remote 

control only by line of sight; and have live video feed for a secondary pilot to monitor the video recording. I 

receive a live telemetry feed from my UAS during all flights that include remaining battery voltage, distance, 

altitude, and any anomalies that may occur during flight.

My UAS’s Command and Control utilizes spread spectrum 2.4Ghz-2.485Ghz frequencies in accordance 

with CFR 47, Part 15 for model aircraft use.

My UAS’s camera system utilizes 5.725Ghz-5.875Ghz frequencies in accordance with CFR 47, Part 15.

My UAS’s have a GPS controlled flight controller - a flight safety feature whereby the aircraft hovers or circles 

then lands at the GPS takeoff point if communication with the remote control pilot is lost. I actively record and 

analyze flight data through the DJI phantom 3 Flight Controller application to constantly update and enhance 

safety protocols. I only operate in a reasonably safe environment that is strictly controlled, and is away from 

power lines, elevated lights, airports and actively populated areas. I conduct extensive preflight inspections and 

protocol, during which safety carries primary importance. I always obtain all necessary permissions prior to 

operation. I have procedures in place to abort flights in the event of safety breaches or potential danger. My 

safety protocols provide a level of safety equal to or exceeding existing rules. 

VI. A Summary the FAA May Publish in the Federal Register: 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR §91.203(a)(1). The 

size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my UAS 

meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from 

the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. My current and projected UAS's meet or exceed 

each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 
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14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or 

passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will 

be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined. The FAA 

has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global 

positioning systems with a barometric sensor or controlled GPS “geofencing” 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are 

inapplicable for the same reasons described above. The equivalent level of safety will be achieved by 

maintaining any such required certifications and registrations by me, Scott W. Robinson. 

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be 

marked according to certain specifications. My UAS can be marked with the appropriate “N” number once this 

“N” number has been given.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), 

private pilots are limited to non-commercial operations. The UAS Pilot in Command must possess at least a 

sport pilot certificate and a driver's license. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in which the PIC is rated on his/her pilot certificate as outlined in 14 C.F.R. § 61.

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of 

civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never 

operate at an altitude greater than 200 feet AGL: safely below the standard of 400 AGL. I, Scott W. Robinson,

will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and 

speed of my UAS, an equivalent or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.1,2, Manual

The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter. . . .”These Regulations only apply to aircraft with an airworthiness certificate. Therefore, they will not 

apply to me, Scott W. Robinson, i.e. my UAS. However, as a safety precaution I inspect my UAS before and 

after each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness 

Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled 

Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area 

of my UAS permits exemption from Part 21 because my UAS meets an equivalent level of safety pursuant to 

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of 
Scott W. Robinson - Section 333 Exemption Petition

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legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of 

the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My 

UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an 

airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this 

regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the 

aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation 

is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The 

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software 

updates and curative measures for any damaged hardware. Therefore, an equivalent level of 

safety will be achieved. In summary, I, Scott W. Robinson, seek an exemption from the following regulations:14 

C.F.R. 21, subpart H; 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. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. §91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 

91.151(a); 14 C.F.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) (2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my

small unmanned, lightweight aircraft for community awareness, education, structural inspection land 

management, search and rescue and real estate marketing operations. Additionally to develop economic 

platforms for the aforementioned to enhance the experience of those seeking to relocate, rebuild and 

reevaluate in the greater Santa Barbara area. 

VII. Additional FAA Required Operating Conditions and Limitations

When not covered elsewhere in this Operations Manual, the following conditions and limitations apply:

1. The UA must weigh less than 55 pounds (25kg), including energy source(s) and equipment

2. The UA may not be flown at a speed exceeding a ground speed of 85 knots.

3. Flights must be operated at an altitude of no more than 500 feet above ground level (AGL), as 

indicated by the procedures specified in the operator's manual. All altitudes reported to ATC must be 

in feet AGL.

4. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC's state driver’s license.

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times.

6. If a discrepancy exists between these limitations and any procedure outlined elsewhere in this operations 

manual, the conditions and limitations herein take precedence and must be followed.

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station, if utilized, must be included in the preflight 

inspection. All maintenance and alterations must be properly documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in 

accordance with the operator's manual. The PIC who conducts the functional test flight must make an 

entry in the UAS aircraft records of the flight.
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9. The operator must follow the manufacturer's UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and inspection/maintenance

requirements must be established and identified in the operator's manual. At a minimum, the following 

must be included in the operator's manual:

a. Actuators / Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers

e. Electronic speed controller 

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and control

i. Ground control station (if used)

j. Any other components as determined by the operator

10. The Pilot in Command (PIC) must possess at least a sport pilot certificate and at least a current state 

driver’s license. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an 

aircraft in which the PIC is rated on his/her pilot certificate.

11. Prior to operations conducted for the purpose of motion picture filming (or similar operations), the PIC 

must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and 

at least ten hours logged as a UAS pilot with a similar UAS type (single blade or multirotor). Prior 

documented flight experience that was obtained in compliance with applicable regulations may satisfy 

this requirement. Training, proficiency, and experience-building flights can also be conducted under this 

grant of exemption to accomplish the required flight cycles and flight time. During training, proficiency, 

and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from non-participants in 

accordance with 14 CFR § 91.119.

12. Prior to operations conducted for the purpose of motion picture filming (or similar operations), the PIC 

must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of five hours as UAS pilot operating the make and model of UAS to be 

utilized for operations under the exemption and three take-offs and three landings in the preceding 90 

days. Training, proficiency, experience building, and take-off and landing currency flights can be 

conducted under this grant of exemption to accomplish the required flight time and 90-day currency. 

During training, proficiency, experience-building, and take-off and landing currency flights, all persons not 

essential for flight operations are considered non-participants, and the PIC must operate the UAS with 

appropriate distance from non-participants in accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this grant of exemption, the PIC and visual observer (VO) 

must have successfully completed a qualification process, as outlined in

the operator’s manual. As this is a requirement stipulated by the operator, the test must be developed 

and implemented by a qualified person designated at the sole discretion of the operator. A record of 

completion of this qualification process must be documented and made available to the Administrator 

upon request.
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14. Prior to operations conducted for the purpose of motion picture filming (or similar operations), a flight 

demonstration, administered by an operator-approved and -qualified pilot must be successfully 

completed and documented. This documentation must be available for review upon request by the 

Administrator. Because the knowledge and airmanship test qualifications have been developed by the 

operator, and there are no established practical test standards that support a jurisdictional FAA FSDO 

evaluation and approval of company-designated examiners, the petitioner will conduct these tests in 

accordance with the operator’s manual.

15. The UAS may not be operated directly over any person, except authorized and consenting production 

personnel, below an altitude that is hazardous to persons or property on the surface in the event of a UAS 

failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety mitigations for 

authorized and consenting production personnel. At all times, those persons must be essential to the 

closed-set film operations. Because these procedures are specific to participating persons, no further 

FSDO or Aviation Safety Inspector (ASI) approval is necessary for reductions to the distances specified 

in the petitioner’s manuals. This is consistent with the manned aircraft procedures described in FAA 

Order 8900.1, V3, C8, S1 Issue a Certificate of Waiver for Motion Picture and Television Filming.

17. Regarding distance from non-participating persons, the operator must ensure that no persons are 

allowed within 500 feet of the area except those consenting to be involved and necessary for the filming 

production. This provision may be reduced to no less than 200 feet if it would not adversely affect 

safety and the Administrator has approved it. For example, an equivalent level of safety may be 

determined by an aviation safety inspector’s evaluation of the filming production area to note terrain 

features, obstructions, buildings, safety barriers, etc. Such barriers may protect non-participating 

persons (observers, the public, news media, etc.) from debris in the event of an accident. This is also 

consistent with the same FAA Order 8900.1, V3, C8, S1. 18. If the UAS loses communications or loses 

its GPS signal, the UA must return to a pre-determined location within the security perimeter and land 

or be recovered in accordance with the operator’s manual.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined 

location within the security perimeter and land or be recovered in accordance with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with 

the operator’s manual.

20. Each UAS operation must be completed within 30 minutes flight time or with 25%

battery power remaining, whichever occurs first.

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations under this grant of

exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to the operation.

22. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. The operator must develop procedures to document and maintain a record of the UAS maintenance, 

preventative maintenance, alterations, status of replacement/overhaul component parts, and the total 

time in service of the UAS. These procedures must be added to the operator’s manual.

24. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria must be added to the 

operator’s manual.
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26. The preflight inspection section in the operator’s manual must be amended to include the following 

requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, 

items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS 

must comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

28. At least three days before scheduled filming, the operator of the UAS affected by this exemption must 

submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed filming. The 

3-day notification may be waived with the concurrence of the FSDO. The plan of activities must include at 

least the following:

a. Dates and times for all flights

b. Name and phone number of the person responsible for the UAS filming production 

under this grant of exemption

c. Name and phone number of the person responsible for the on-scene operation of the UAS.

d. Make, model and serial or N-number of the UAS to be used

e. Name and certificate number of the UAS PIC's involved in the filming production event 

f. A statement that the operator has obtained permission from property owners and/or 

local officials to conduct the filming production event, the list of those who gave 

permission must be made available to the inspector upon request.

g. Signature of exemption-holder or representative

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, 

and/or state over which filming will be conducted and the altitudes essential to accomplish 

the operation

29. The documents required under 14 CFR § 91.9 and § 91.203 must be available to the PIC at the ground 

control station of the UAS any time the aircraft is operating. These documents must be made available 

to the Administrator or any law enforcement official upon request.

30. The UAS must remain clear and yield the right of way to all other manned operations and activities at all 

times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang 

gliders, etc.).

31. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must 

be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules 

(SVFR) are not authorized.

32. The UAS cannot be operated by the PIC from any moving device or vehicle.

33. The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud 

or when visibility is less than 3 statute miles from the PIC.

34. The UAS may not operate in Class B, C, or D airspace without written approval from the FAA. The UAS 

may not operate within 5 miles of the geographic center of a non-towered airport as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management must be made available to the Administrator 

upon request.

35. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA must be reported to the Federal Aviation 

Administration’s (FAA) UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to 

the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 
Scott W. Robinson - Section 333 Exemption Petition

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www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or 

transgression is reviewed by AFS-80 and authorization to resume operations is provided.

Currently, the aforementioned aerial videography/photography relies primarily on the use of 

larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my request for 

exemption will reduce current risk levels and thereby enhance safety. My UAS craft do not contain potentially 

explosive fuel, is smaller, lighter and more maneuverable than conventional video and photographic aircraft 

with much less flight time. 

Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from 

established airfields. I, Scott W. Robinson, have been informally analyzing and recording flight information and 

will compile safety protocols and the implementation of a flight operations manual for usage that exceeds 

currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will 

enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform 

Act of 2012. There are no personnel on board my UAS and therefore the likelihood of death or serious bodily 

injury is significantly diminished. The operation of my UAS, weighing less than six (6) pounds and traveling at 

lower speeds and within limited areas low to the ground will provide an equivalent level of safety as that 

achieved under current FARs. Accordingly, I, Scott W. Robinson, respectfully request that the FAA grant my 

exemption request. I am willing to cooperate in sharing information to benefit the FAA, the safety of manned 

aircraft, and the general public at large. 

Respectfully submitted, 

Scott W. Robinson

912 N. Alisos St.

Santa Barbara CA, 93103

805-896-7725

Appendix A

My Aircraft

Make and Model Description Serial 

Number

FAA UAS 

Certificate

Number

DJI Phantom 3

Professional

Electric Powered, 4 Rotor Small 

Unmanned Multirotor Helicopter

P76DCH280

10469

FA3WCWYAKR
Scott W. Robinson - Section 333 Exemption Petition

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Appendix B 

DJI Phantom 3 

The operation of the DJI Phantom 3 system is as follows.

1. Build Materials

I. Plastic

II. Aluminum 

2. Motor Configuration

I. The Phantom 3 flight in a four motor quadcopter setup. 

3. Payload

I. The Phantom 3’s own integrated camera. 

II. Maximum All-up Weight- 4lbs

4. Maintaining the Phantom 3

I. Before each flight

1. Check all hardware to ensure it is securely tightened.

2. Check that the motor is level and locked in place.

3. Check the propeller to ensure it is tight and there are no visible signs of cracks or stress.

4. Check all wiring to motors, motor controllers, batteries, and flight controller for signs of 

damage, stress or needed maintenance.

5. Check all navigational lighting to ensure it is properly working.

II. After 45 hours of flight

1. Remove and check all motors and motor mounts and propellers for signs of wear and 

tear. Replace as necessary. 

2. Remove motor controllers and visually inspect and check for damage. Replace as 

necessary. 

3. Remove flight controllers and visually inspect and check for damage. Replace as 

necessary. 

4. Check for cuts, fraying, cracks, and/or loose/cold solder connections. Fix before flying.

5. Check for updates to flight controller firmware. If available, install and 

perform a minimum of 15 test flights before conducting commercial work.

Appendix C

Personal Protocols/Controls/Flight Manual/Protocols and Controls 

Personal Contact Information

Scott W. Robinson,

912 N. Alisos St.

Santa Barbara CA, 93103

Phone: 805-896-7725

Email: abovesantabarbara@gmail.com
Scott W. Robinson - Section 333 Exemption Petition

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Safety for public on the ground as well as manned aircraft above is an essential and 

utmost consideration for aerial videos and photography. As such, safety protocols and 

controls are implemented through 

Pre-Flight, In-flight and Post-Flight Protocols.

Pre-Flight Protocol

1. Check batteries with voltage meter to insure fully charged and ready for use. 

2. Inspect batteries for damage or leakage that may affect proper operation. 

3. Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion 

or unmanageable/uncontrolled flight. 

4. Check all GPS and Telemetry connections prior to flight. 

5. Check weather forecasts for wind advisory or other conditions that my impact flight. 

6. Consult Sky Vector aeronautical Charts (Skyvector.com) for airport vicinity and flight 

paths of possible air traffic.

7. Contact respective airport to advise of estimated flight time, estimated flight duration, 

estimated elevation of flight, and any other pertinent information. 

Inspect flight Area For:

1. The proximity of public safety helipads/heliports.

2. The proximity of medical helipads/heliports.

3. The proximity light poles or utility wires.

4. The proximity of trees or flocks of birds that may cause interference and 

potential flight impact.

5. The proximity of any elevated obstructions that may pose potential flight hazard.

6. The proximity of roadways with moderate to heavy traffic that can be distracting. 

7. Public gathering that may attract viewers. 

8. Optimal point of control for best visual site of UAS while in flight.

9. Emergency landing areas.

Takeoff and Landing 

1. Inspect area for best and safest point of takeoff and landing.

2. If in a subdivision or area that is within 150 feet of a residential street, post warning 

sign(s)/stand(s) "Attention Aerial Photography In Progress - Remain Back 150 Feet”.

Flight Protocol:

1. Takeoff and land from same location (have alternate landing areas in case of 

emergencies) remain alert to birds, sound or aircraft, curious public, and approaching 

vehicles. 

2. Do not allow anyone to engage in conversation or distract the remote control pilot. 

3. Restrict flight to minimal elevation sufficient to acquire desired results.

4. Remained prepared for emergency landing at all times. 

5. Pay attention to flight time – warning meter for low voltage. 

6. Set voltage meter alarm for low voltage and flight timer as a safety alert.

7. Land UAS and shut down propulsion immediately following landing. 
Scott W. Robinson - Section 333 Exemption Petition

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8. Remove or disconnect batteries.

Post flight: 

1. Disconnect battery to prevent accidental activation of propulsion system.

2. Secure UAS in a safe location.

3. Remove all warning signs from public access areas.

Immediately Land the UAS if Any of the Following Events Occur

1. Manned aircraft is heard or seen in vicinity of flight.

2. There is a public gathering within established safety boundary wanting to observe flight.

3. Pilot is being distracted from focusing on flight and safety.

4. Sudden change in weather (wind bursts).

5. Sudden increase in vehicular traffic in vicinity of flight.

6. Birds enter into proximity of flight.

7. Any sudden unsafe event that can cause collision, distraction or interruption of control.

Safety for public on the ground as well as manned aircraft above is an essential and of

utmost consideration for aerial videos and photography. 

Maintaining a record of safe flight for FAA request and for determining future UAS safety 

protocols is imperative. 

Flight Log

Flight & Safety Log

Client: Phone Number: ( ) Client Present:  Yes  No

Pilot in Command: Spotter/Assistant:

Date: / / Location: Pre-Flight Inspection Complete:  Yes  No

Elements: Comments:

Nearest Airport: Airport Notified:  Yes  No Proximity to Airport: 

Take Off Time: Final Landing Time: Total Time at Location:

Type of Aircraft: Make of Aircraft: Model of Aircraft:

Nearest Major Intersection: Proximity to Medium Traveled Road:

Proximity to Heavily Traveled Road: Proximity to Congested Population:

Visibility:  Good  Fair  Poor Comment: 

Weather:  Good  Fair  Poor Comment:

Location Neighbors Notified:  Yes  No Notice To Airman Filed:  Yes  No

Wind Speed: (average MPH) Wing Gusts: (MPH) Temperature at Takeoff:

Safety Concerns: 

Additional Comments: 

------------------------------------------------------ ------------------------------------------------------

Pilot in Command Spotter/Assistant 
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Appendix D

Aircraft Manuals

1. Phantom 3 Professional Manual V1.6

2. Phantom 3 Intelligent Flight Battery Safety Guidelines V1.6 (EN)

This Appendix includes UAS manufacturer's user manual, maintenance instructions, 

and illustrated parts catalogs. The manual contains information regarding design, 

aircraft performance, fail-safe features, operating limitations, normal and emergency 

procedures, maintenance and inspection procedures.

The manual (in PDF format) is attached to this docket.

For more information or questions about this manual, please contact:

Scott W. Robinson,

912 N. Alisos St.

Santa Barbara CA, 93103

Phone: 805-896-7725

Email: abovesantabarbara@gmail.com