U.S Department of Transportation March 12, 2016

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Filed with www.regulations.gov

Re: Petitions for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), P.L. 112- 95, "Special 

Rules for Certain Unmanned Aircraft Systems" and 14 C.F .R. Part 11, James Gray providing Real Estate and videography 

services, seeks an exemption from the Federal Aviation Regulations ("F ARs") and listed below:

14 C.F.R. Part 21

14 C.F.R. 45.23

14 C.F.R. 45.29

14 C.F.R. 61.3

14 C.F.R .61.23

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

14 C.F.R. 61.133(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9

14 C.F.R. 91.109(a)

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

14 CFR Subpart E (91.401 - 91.417)

Summarized for purposes of Federal Register publication:

Applicant seeks an exemption from the following rules:

. 14 C.F.R. Part 21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.3, 14 C.F.R . 61.23

, 14 C.F.R. , 1.113(a) & (b), 14 C.F.R. 61.133(a), 14 C.F.R. 91. 7(a), 14 C.F.R. 91.9, 14 C.F.R. 91.109(a), 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, 14 CFR Subpart E (91.401- 91.417)

to operate commercially a small unmanned vehicle (55lbs or less) augmenting its real estate photography and videography 

operations.
Contact for the Applicant is:

James A Gray

Mailing Address: 2545 42nd Ave S

St Cloud, MN 56301

Phone: 206-920-1237

Email: ja.gray@yahoo.com

The requested exemption would authorize commercial operations using the UAV for real estate photography and 

videography. These operations will be subject to strict operating conditions defined by the UAV manufacturer’s standards 

and procedures in order to ensure at least an equivalent level of safety to currently authorized operations using manned 

aircrafts.

Upon receipt of the exemption contemplated herein, I shall, if required, obtain a Certificate of Waiver or

Authorization (COA) from the FAA Air Traffic Organization prior to conducting operation(s) in the NAS.

Proposed Use

The main use of this UAS would be taking photos and videos for real estate photography. The UAS systems that I plan to use 

is a DJI PHANTOM 3 PROFESSIONAL which will be referenced in this document, and also in the attached user manual.

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

visual eye contact, less than 400 feet 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 include, return to home, low voltage, enhanced failsafe along 

with operating in the less populated 2.4-2.483 GHZ frequency range.

2. Pre-flight inspection would be 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 powerlines, 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 3 PROFESSIONAL is in the 2.4 - 2.483 GHZ range. The maximum take-off 

weight is less than 1200g. Max Ascent speed is 5 m/s, and the Max Descent speed it 3 m/s. The Maximum flight Velocity is 

16 m/s. The cruise speed is 5 m/s.

4. The PIC will be only James Gray who has a minimum of 80 hours flying time with the previous version of the Phantom 3

Professional model, the DJI PHANTOM 2 VISION PLUS model. Testing, updating and programming the DJI PHANTOM 3 

PROFESSIONAL firmware would be done on a monthly schedule

5. I am in excellent medical health and sound mental health. I have no misdemeanors or felonies, and a successful military 

career.

6. The intended use of this DJI PHANTOM 3 PROFESSIONAL is to expand my independent contracting business by 

offering aerial photography to realtors. The intention to offer these services would be to supplement my retirement income. 

UAS aerial photography is a relatively new industry, and my early entry into the market would provide a competitive edge.
7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata recorded on a hard 

drive and backed up to cloud storage services. This data would be kept readily available for a period of 2 years after each 

aerial flight for hire.

8. The proposed flight time will be the lesser of 30 minutes or the time-duration of the UAV battery.

I will also file for a Certificate of Waiver or Authorization (COA). In the event that a COA request is not granted the 

petitioner would ask that this request for exemption still be granted with a conditional use.

The DJI PHANTOM 3 PROFESSIONAL will never be flown in the flight path of manned aircraft. The first condition listed 

to always keep visual eye contact on the 22mm LED flight indicator is probably the most important. My main objective is to 

offer aerial real estate photography at a competitive rate for the real estate agents in the safest way possible.

Public Interest:

Granting my request would be in public interest by giving an opportunity for real estate photographers to offer safer and 

more competitively priced aerial photography to the real estate agents.

This exemption would not adversely affect the safety of the general public due to the size, weight, and keeping of the UAS in 

visual sight. The safety mechanisms of the herein described UAS provide further protections when the PIC is no longer in 

control of the UAS. In comparisons to aerial photography from manned aircraft, low altitude photography from a UAS would 

be safer and have less of an environmental impact.

Thank you for your attention to this matter.

Respectfully submitted,

James Gray

ANNEX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES

SUBJECT TO EXEMPTION

James Gray requests an exemption from the following regulations as well as any additional regulations that may technically 

apply to the operation of the DJI Phantom 3 Professional ("UAV”):

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required 

by FAR§ 91.203(a). Given the size of the UAV, its very light weight and the limited operating area associated with its 

utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve 

or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act 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 UAS involved. An analysis of these different 

criteria demonstrates that the UAV operated without an airworthiness certificate, under the conditions proposed in that 

exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches 
high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance 

to the cabin, cockpit, or pilot station. Given the size of the UAVs, this requirement is impossible to match.

14. CFR §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first-class medical certificate:

• When exercising the pilot-in-command privileges of an airline transport pilot certificate;

• When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or supplemental 

operation in part 121 of this chapter that requires three or more pilots; or

• When serving as a required pilot flight crewmember in an operation conducted under part 121 of this chapter if the pilot has 

reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations 

specified in paragraph (a)( 1 )(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAV, its structure, the limited flight area, and the safety features integrated in the autopilot (among 

others a flight termination system), James Gray believes that an Equivalent Level of

Safety can be reached if the operator has a valid driver's license.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in Command;

Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United 

States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or 

readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the 

aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also 

that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire.

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or 

employment if:

(1) The flight is only incidental to that business or employment;

(3) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the UAV, James Gray proposes that operators of the UAV should not be required to hold a 

commercial or private pilot certification. The equivalent level of safety will be achieved by having an operator trained UAV 

manufacturer, and using the integrated features of the aircraft to maintain a high level of safety during the different missions.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be 

utilized by the Applicant, 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. 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 a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in In close proximity to the 

operator.

The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by

§45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the

UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 

10167 and 10167A.

14 C.F.R. § 91.109(a): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that 

aircraft has fully functioning dual controls."

The equivalent level of safety during the in-flight training will be achieved by the manufacturer or affiliate providing the 

training as described in the manufacturer's training program and through the use of experienced and qualified instructors 

familiar with the UAV.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority to operate at 

altitudes up to 400 AGL, It will however be operated in a restricted area with security perimeter, where buildings and people 

will not be exposed to operations without their preobtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is 

operated. No flight will be taken without the permission of the property owner or local officials.

Compared to flight operations with aircraft weighing far more than those proposed herein and the lack of flammable fuel, any 

risk associated with these operations is far less than those presently presented with conventional aircraft.

14 CFR 91.121: Altimeter settings

This regulation requires 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." As the UAV may 

not have a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. An equivalent level of safety 

will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough 

fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. As the UAVs are electric-powered, 

this requirement is inapplicable. In any event, given the contemplated operations, James Gray believes that an equivalent 

level of safety is already achieved with the specific procedure preventing the UAVs accepting a take-off order if the battery 

level is below a given value. Moreover, the manufacturers have integrated low and critical battery level warnings and
implemented a "return to home" action in these situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate.

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a 

special flight authorization issued under §91. 715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying 

the UAV will have immediate access to them, to the extent they are applicable to such UAV. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 

9789A, 9797, 9797A, 9816A, and 10700.

14 CFR Subpart E (91.401 - 91.417): Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, 

including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 .409 require the aircraft to be "approved for return to 

service by a person authorized under 43.7" after maintenance and inspection. Section 91.409 requires an annual inspection 

for the issuance of an airworthiness certificate. Section 91 A 17 requires the owner or operator to keep records showing 

certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records 

of approval of the aircraft for return to service.

James Gray proposes that the maintenance of the UAVs will be accomplished by the owner or the operator according to the 

manufacturers user manual.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to 

the applicant Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as 

referenced herein. An equivalent level of safety will be achieved because these small UAVs are very limited in size and will 

carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAV can 

land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety.