Dale Ashby

5689 Chestnut Hill Road

Coopersburg, PA 18036

dashby1@comcast.net

240-888-7700

Website: www.OverheadPOV.com

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14 CFR 21 subpart H 

14 CFR 45.23(b) 

14 CFR 61.113(a) and (b) 

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203 (a) and (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2) 

14 CFR 91.417(a) and (b)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR 

Part 11, Dale Ashby, operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption from the 

listed Federal Aviation Regulations (“FARs”) to allow commercial operation of designated UAS, provided such 

operations are conducted within and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would provide professional services in the following areas: 

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public events, 

cinematography and newsgathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the owners 

or local government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not

limited to electrical power lines, wind turbines and cell towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue operations in 

cases of an emergency or natural disaster only when the local authorities or government have requested 

it by contract or donation. 

6. Training to persons individually or belonging to both private and/or public organizations to increase 

awareness and improve safety for current and future UAS operations within the NAS. 
As described fully below, the requested exemption would permit the operation of designated UAS as set 

forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) safe. Approval of this exemption would increase public awareness of UAS 

operations and enhance safety to aid in fulfilling the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” 

I plan to operate a UAS, the DJI PHANTOM 3 Professional which is comprised of an unmanned aircraft 

(UA or Phantom 3) and a transportable ground station. The Phantom 3 is referred to as a quad-copter 

with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by 

electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s. 

Also, given the small size of the UAS involved and the restricted controlled environment within which 

they will operate, the applicant fits within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the controlled areas in which the relevant 

UAS will operate, approval of the application presents no national security issue. Given the following, 

the grant of the requested exemptions is clearly in the public interest.

Dale Ashby proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for an 

exceptional level of safety to operations. These limitations and conditions to which Dale Ashby agrees to 

be bound when conducting commercial operations under an FAA issued exemption including: 

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of operator. 

3. Maximum total flight time for each operational flight will be 20 minutes. 

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

4. Flights will be operated at an altitude of no more than 300 feet AGL 

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

6. The UAS will only operate within a controlled area as defined in the Procedures. 

7. The operator will post advisor notice around the controlled area. 

8. 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. 

9. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a predetermined location within the Security Perimeter and land. 

10. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and are 

prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. We look forward to working with your office. Please contact me at any time if additional 

information or clarifications are needed. 

Sincerely, 

Dale Ashby