PETITION FOR SECTION 333 EXEMPTION –

Adam H. Guthrie

March 1, 2016

U.S. Department of Transportation

Docket Operations

800 Independence Ave., S.W.

Washington, DC 20591

Re: Petition of Adam H. Guthrie for Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 

14 C.F.R. Part 11, Adam H. Guthrie (individual) hereby applies for an exemption from the Federal 

Aviation Regulations (“FARs”) identified below, to allow civil operation of small unmanned aerial 

systems (“sUAS” or “UAS”) as part of daily business operations.

TABLE OF CONTENTS

I. Description of Petitioner

II. Description of Proposed Operation

III. Adam H. Guthrie Proposed UAS Operations Meet the Requirements of Section 333

 a. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational

 Capability

 b. Approval is Warranted Based on the Operational Restrictions Set Forth in the

 included UAS Standard Operating Guide

IV. Regulations From Which Exemption is Sought

 a. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

 b. 14 C.F.R. Part 27: Airworthiness Standards for Normal Category Rotorcraft

 c. 14 C.F.R. §§ 45.23(b) and 45.27(a): Marking of the Aircraft

 d. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

 e. 14 C.F.R. §§ 91.9(b)(2), 91.203(a) and (b): Civil Aircraft Flight Manual in the

 Aircraft

 f. 14 C.F.R. § 91.103: Preflight Actions

 g. 14 C.F.R. § 91.109(a): Flight Instruction
 h. 14 C.F.R. § 91.119: Minimum Safe Altitudes

 i. 14 C.F.R. § 91.121: Altimeter Settings

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

 k. 14 C.F.R. § 91.405, 91.407, 91.409, 91.417: Maintenance and Inspections

 l. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges

 and Limitations

V. Public Interest

VI. Privacy

VII. Federal Register Summary

VIII. APPENDIX A: Adam H. Guthrie UAS Standard Operating Guide

IX. APPENDIX B: FAA Advisory Circular

X. APPENDIX C: AMA Safety Code

I. Description of Petitioner

Adam H. Guthrie provides real estate services to clients that often require photographs and 

video tours. In recent months clients have requested aerial marketing that would require hiring an 

outsider to provide services related to taking said photographs and videos.

These photos and videos are often utilized for marketing purposes.

• Adam H. Guthrie is an independent contractor working as a licensed Georgia Real Estate Agent

• Services include real estate consultation and sales

• Adam H. Guthrie is properly licensed in the Georgia to provide said services.

• Adam H. Guthrie holds the following licenses/certifications; Realtor and Real Estate Agent

In accordance with 14 C.F.R. § 11.81(a), Adam H. Guthrie provides the following information in support 

of its Petition for Exemption.

Name and Address for Petitioner:

Adam H. Guthrie

4405 Huntington Pointe

Valdosta, Ga 31602

229-548-7719

adam@exitintouch.com
Point of contact for this Petition and specific contact information is as follows:

Adam H. Guthrie

4405 Huntington Pointe

Valdosta, Ga 31602

II. Description of Proposed Operation

Adam H. Guthrie proposes to conduct the operation of a UAS, specifically the DJI Phantom 3 

Standard or Advanced, within the parameters of providing aerial photographs of single family residences 

and or large acreage parcels of land.

The Pilot in Command (“PIC”) for each operation will, at a minimum, be Adam H. Guthrie.

Adam H. Guthrie has adopted and incorporated many of the AMA’s UAS Safety Code (the“Code”) and 

Operating Guide’s (the “Guide”) procedures into its own safety code and guide, which sets forth the 

mandatory standard operating procedures for its proposed UAS operations as detailed herein. The 

exception would be the location of operations that will take place at private residences with the 

authorization of the owner and not on property leased or owned by the AMA. These procedures provide 

a baseline to ensure that the Phantom 3 pilot possess sufficient knowledge of both airspace and the 

technology to operate safely in the National Airspace System (“NAS”). Any other assistant or 

photographer will operate with Adam H. Guthrie as the PIC in each operation and will meet the 

standards specified in the Guide, as well as any other additional requirement the FAA requires under 

this application.

III. Proposed UAS Operations Meet the Requirements of Section 333

Proposed operations in this Petition for Exemption qualify for expedited approval pursuant to

Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

a. Approval is Warranted Based on the UAS’s Size, Weight, Speed, and Operational Capability

Adam H. Guthrie will employ the DJI Phantom 3 Standard or Advanced or quadcopter for the

operations described in this Petition for Exemption. This UAS is classified as a small drone or hobby craft 

and is lawfully used for recreational operations. The Phantom 3 has a maximum take-off weight of 5.53 

pounds. The flight speed is limited to a maximum of 33.5 miles per hour and it will not be flown at an 

altitude that exceeds 200 feet AGL. All flights will be managed in such a way that they can be safely 

terminated with a reserve battery power of 25% of the battery's maximum charge. The DJI Phantom 3 

does not carry any flammable propellant or fuel. The UAS also has an integrated GPS system that 

calculates the UAS's position and height and relays that information via a secure connection to the 

operator. Through use of this GPS system and the installed firmware, the user is able to set maximum

height and radius in relation to a pre-determined home point, restricting flight to a zone that is both 
approved by the FAA and the owner of the property being photographed. This system also automatically 

restricts flight within a range of airports that is greater than the 5 miles that the FAA requires. 

Additionally, the UAS contains a failsafe mode if its connection to the remote control is lost, and this 

system permits the UAS to return to a predetermined location and land without injury or damage.

b. Approval is Warranted Based on the Operational Restrictions Set Forth in the UAS Standard 

Operating Guide

Together, the Guide and the DJI Phantom 3 User Manual contain all of the procedures and 

limitations necessary to successfully perform the operations specified in this Petition for Exemption. To 

assist the FAA in making a safety assessment of Adam H. Guthrie’s proposed operations, below is a 

summary of operational limitations and conditions which will ensure an equivalent or higher level of 

safety to operations conducted under current regulatory guidelines:

1. The Phantom 3 weighs 5.53 +/- pounds.

2. Flights will be operated within the VLOS of the PIC and or an observer, at a minimum.

3. Maximum total flight time for each operational flight will be limited to 25% reserve battery 

power remaining.

4. Flights will be operated at an altitude of no more than 200 feet AGL.

5. All operations will be conducted in class G airspace.

6. Flights will be restricted to pre-determined areas of the owner/clients property, which will 

always be located outside of 5 miles radius from an airport of any size or the necessary NOTAM 

will be filed for safe operation in advance of operations.

7. Flight zones will be located at the maximum distance away from persons, inhabited 

structures, and vehicles that is possible given the layout of the property. The flight zone in which 

operations occurs will be assigned based on the real time traffic, activities, and weather 

conditions.

8. Flights will be limited to a speed of 30 mph and vertical ascent will be limited to 15 mph.

9. The UAS will be operated and maintained in accordance with the requirements of the 

Phantom 3 User Manual and any manufacturer Safety Bulletins.

10. Prior to the operation, the flights will be fully preplanned and briefed, including possible 

contingencies and emergency procedures.

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

emergencies.

12. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

13. All UAS operations will occur in daylight, Visual Flight Rules ("VFR") conditions. Instrument 

flight rules flights are prohibited and no flights will occur at night, or in adverse weather 

conditions.

14. The UAS will be controlled by the Phantom 3 Standard or Advanced Remote Control System 

and the radio frequency spectrum used for operation and control of the UA shall comply with 

the Federal Communications Commission ("FCC") or other appropriate government oversight 

agency requirements.

IV. Regulations From Which Exemption is Sought
The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 

of the Act, including UASs, from its safety regulations and minimum standards when the Administrator 

decides a requested exemption is in the public interest. Adam H. Guthrie seeks an exemption from 

several interrelated provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the 

requested operations using UAS. Listed below are: (1) the specific sections of 14 C.F.R. for which 

exemption is sought, and; (2) reasons why the exemption would not adversely affect safety or provide a 

level of safety equivalent to the rule, including any operating procedures and safeguards that Adam H. 

Guthrie has adopted which will ensure a level of safety better than or equal to the rules from which 

exemption is sought.

a. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Part 21 Subpart H prescribes procedural requirements for the issue of airworthiness certificates. 

Adam H. Guthrie requests exemption from this subpart to operate the Phantom 3 without the 

requirement for an airworthiness certificate. Based on the proposed UAS being limited in size, weight, 

speed, operating capabilities, and operating within VLOS, Adam H. Guthrie believes that an

airworthiness certificate is not necessary to ensure an equivalent level of safety to manned aircraft 

operations.

Equivalent Level of Safety

The UAS indicated is safe when taking into account its size, weight, speed, and operational 

capability. As set forth above, the Phantom 3 weighs less than 7 pounds and will be flown at less than 30 

mph and completely outside controlled airspace. Additionally, the craft carries pilots nor passengers, 

carries no explosive materials and or flammable liquid fuels, and operates exclusively within the 

parameters stated in the Guide.

Operations conducted under this exemption will be closely controlled and monitored by the PIC 

and will be conducted in compliance with local public safety requirements, to provide security for the 

area of operation. In all cases, the UAS operated under the proposed conditions, will be at least as safe 

as, or safer than conventional rotorcraft operating with an airworthiness certificate without the 

restrictions and conditions of the proposed UAS operations.

Further, the Phantom 3 does not need a means to communicate with other aircraft or ATC, 

because those capabilities will be possessed by the PIC and Observer, who are not onboard the UAS. See 

Grant of Exemption, Docket FAA-2014-0352 at 13. In addition, the UAS will be operated at all times in 

visual line-of-sight and in VFR conditions. Id.
b. 14 C.F.R. Part 27: Airworthiness Standards for Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent Adam H. Guthrie’s UAS would otherwise require certification 

under Part 27, it seeks an exemption from Part 27's airworthiness standards for the same reasons 

identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

c. 14 C.F.R. §§ 45.23(b) and 45.27(a): Marking of the Aircraft

Adam H. Guthrie seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 45.23(b) and 45.27(a).

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed 

on limited, restricted or light-sport 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," "lightsport, "experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the 

cabin, fuselage, boom, or tail the marks required by § 45.23.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

Phantom 3 is by definition“unmanned” and so has no entrance to a cabin, cockpit, or pilot station on 

which the above stated words can be placed. Given the size of the UAV, two-inch lettering may be 

impossible. The word “Exempt” can be placed on the fuselage in compliance with 14 C.F.R. § 45.29(f).

Equivalent Level of Safety

The equivalent level of safety will be provided by having the Phantom 3 marked on its fuselage 

as required by 14 C.F.R. § 45.29(f) where the pilot, observer and others working with the UAS will see 

the identification of the Phantom 3 Standard or Advanced as “Exempt” if so desired. The FAA has 

issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

d. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the 

Phantom 3 Standard or Advanced, the description of proposed operations above, an equivalent level of 

safety will be provided.
e. 14 C.F.R. §§ 91.9(b)(2), 91.203(a) and (b): Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. § 91.9(b)(2) states:

(b) No person may operate a U.S.-registered civil aircraft

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, 

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.

14 C.F.R. § 91.203(a) and (b) state:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it 

the following:

(1) An appropriate and current airworthiness certificate...

(b) 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.

Given the small size and configuration of the Phantom 3, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no room. 

Also the UAS has no cabin or cockpit.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and 

(b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration 

certificate, and other required documents from the ground control station from which he or she is 

operating the aircraft. As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to 

ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety 

will be achieved be ensuring that the pilot has access to the documents at the ground control station or 

point of control from which he or she is piloting the Phantom 3.

f. 14 C.F.R. § 91.103: Preflight Actions

This regulation requires each pilot in command to take certain actions before flight to ensure 

the safety of flight. As FAA approved flight manuals will not be provided for the aircraft an exemption 

will be needed.

Equivalent Level of Safety
An equivalent level of safety will be provided through the PIC following the procedures set forth 

in the Guide and Manufacturer’s User Manual. The PIC will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. The PIC will account for all relevant site-specific conditions in the preflight 

procedures. The FAA has granted exemption from this regulation to other small UAS operators. See 

Exemption No. 11109.

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

Adam H. Guthrie seeks an exemption from flight instruction requirements contained within 14 C.F.R. § 

91.109(a). This section provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

Equivalent Safety Protocol

For student training purposes the PIC and student may use a "buddy box" system that utilizes 

two transmitters when applicable. The transmitter of the student is connected by a trainer cable to 

another transmitter (master transmitter) controlled by the PIC instructor. The PIC Instructor is able to 

control the UAS with his or her transmitter then flip a switch to turn control over to the student and flip 

the switch again to reclaim control. In this way, the PIC Instructor can easily demonstrate how to fly the 

UAS or rescue the UAS if the student makes a poor aeronautical decision without passing the same

transmitter back and forth to preserve safety to the NAS and manned aircraft operations.

Given the size and speed of the UAS that the Adam H. Guthrie intends to use, an equivalent level 

of safe training can still be performed without dual controls because no pilot or passengers are aboard 

the UAS, and as required by the Guide, all persons will be a safe distance away in the event that any 

difficulties during flight instruction occurs. Moreover, Petitioner will conduct training in a controlled and 

sterile environment. As required by the Guide, training and instruction will be conducted in a sterile area 

on property that is owned and controlled by Adam H. Guthrie. These facilities will not be open to the 

public during UAS operations, and access will be restricted to authorized business personnel involved

with the company.

h. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Adam H. Guthrie requests an exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in 

non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at 

less than those minimum altitudes when it can be operated "without hazard to persons or property on 

the surface," provided that "each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed UAS operations will occur at under 200 feet 

AGL. Further, while the Phantom 3 will never be flown in or over congested areas, due to the nature and 
location of the proposed operations, the PIC, Observer(s), Instructors and/or Students may at times be 

less than 200 feet away from the UAS.

Equivalent Safety Protocol

Compared to flight operations with rotorcraft weighing far more than the maximum weights 

proposed herein, and given the lack of flammable fuel onboard the Phantom 3, any risk associated with 

these operations is far less than those that presently exist with conventional aircraft. An equivalent level 

of safety will be achieved given the size, weight, and speed of the Phantom 3, as well as the controlled 

and sterile location where the operations will occur. In order to avoid any risk to manned aircraft, flight 

operations will be restricted to 200 feet AGL or below. As set forth in the Guide, the Phantom 3 flight

height and radius restrictions will be set according to each operator’s level of experience which will be 

judged by the PIC. The Phantom 3 will be operated in an area that is owned by the client and closed to 

the public when in use. These restrictions will ensure that the proposed UAS operations are performed 

in a manner that protects the safety of participants, nonparticipants, the UAS, and other property.

i. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required to the extent that 

the Phantom 3 does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Safety Protocol

The Guide requires compass calibration prior to each operation of the Phantom 3 to ensure the 

GPS functions correctly. The Phantom 3 Standard or Advanced User Manuel contains instructions for 

achieving this and the manufacturer, DJI, will provide additional support if necessary.

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

Adam H. Guthrie requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind 

and forecast weather conditions) there is enough fuel to fly to the first point of intended 

landing, and assuming normal cruising speed –

i. During the day, to fly after that for at least 25 minutes; or

ii. At night, to fly after that for at least 45 minutes.

Here, the technological limitations on the energy capabilities of the battery used in the Phantom 

3 means that no meaningful flight operations can be conducted with the Phantom 3 while still 

maintaining a 30 minute battery reserve. An exemption from the fuel requirements of 

14 C.F.R.§ 91.151(a) is therefore required.
Equivalent Safety Protocol

The batteries powering the Phantom 3 provide approximately 25 minutes of flight time. Training 

operations will be limited to a minimum voltage to ensure appropriate reserve battery to maintain an 

equivalent level of safety at all times. The UAS will notify the operator when they are approaching and 

they are required to land at their home point and either switch out the battery or pause operations for 

recharging. If both the operator and PIC fail to land the UAS prior to the allotted minimum voltage, the 

UAS will autonomously return to its original launch position.

k. 14 C.F.R. §§ 91.405, 91.407, 91.409, 91.417: Maintenance and Inspections

Adam H. Guthrie seeks an exemption from the maintenance inspection requirements contained 

in 14 C.F.R., sections 91.405, 91.407, 91.409, and 91.417. These rules specify maintenance and 

inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each 

owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this 

part and shall between required inspections ...have discrepancies repaired as described in part 43 of 

this chapter.”) Exemption from these rules is requested because these sections of Title 14 require the 

aircraft to be maintained and inspected in accordance with Part 43, which only applies to aircraft with 

an airworthiness certificate. Therefore, based on the exemptions sought, these sections do not apply to 

Adam H. Guthrie proposed UAS operations.

Equivalent Safety Protocol

Maintenance will be accomplished by authorized operators, staff, and/or contracted labor

pursuant to the Guide and the Manufacturer’s User Manual. An equivalent level of safety will be 

achieved because a UAS like the Phantom 3 Standard or Advanced or like craft and its platform are very

limited in size, will carry a small payload, and will operate only in defined areas for limited periods of 

time. If mechanical issues arise the Phantom 3 Standard or Advanced will be able to land immediately on 

property owned by the client and or owner of the craft to receive immediate maintenance. As provided 

in the Guide and Manufacturer’s User Manual, the operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance, and will keep a log of any maintenance 

performed.

l. 14 C.F.R. Part 61, 14 C.F.R. §§ 61.3, 61.113: Private Pilot Privileges and

Limitations

Adam H. Guthrie will serve as the PIC for all flight operations and the instructor/coinstructor of 

any course including an element of drone flight. This should qualify persons with a private pilot’s

certificate, among other qualifications, to instruct drone operation education when necessary. However, 

as is the nature of the proposed operations, introductory flight instruction using the Phantom 3 UAS will 
be provided to staff who will likely not have a private, or any type of, pilot’s license. Accordingly, Adam 

H. Guthrie seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these 

regulations are interpreted as requiring a student receiving UAS operation instruction to have a private 

pilot's certificate. All student instruction flights will be conducted under closely controlled 

circumstances, outside of navigable airspace and away from persons or property not involved in the 

instruction. In addition, the student instruction flights will be conducted under the close supervision of 

an instructor acting as PIC.

In addition, to the extent that Adam H. Guthrie may be employing persons with a private pilot’s

license to operate its UAS, an exemption is also sought from 14 C.F.R § 61.113, which restricts private 

pilot certificate holders from flying aircraft for compensation or hire, and which would also require a 

second class medical certificate. The purpose of this section is to ensure the skill and competency of any 

PIC where the aircraft is carrying passengers or cargo for hire. In this case, while instructors acting as PIC 

during UAS operations will be doing so for educational purposes as part of Adam H. Guthrie’s staff, the

Phantom 3 or like craft carries neither passengers nor cargo. Moreover, in the Astraeus Aerial Grant of 

Exemption (FAADocket No.FAA-2014-0352), the FAA determined that the unique characteristics of UAS 

operation outside of controlled airspace did not warrant the additional cost and restrictions attendant 

with requiring the PIC to have a Commercial Pilot Certificate and Class I or II Medical Certificate.

Equivalent Level of Safety

Adam H. Guthrie will ensure an equivalent level of safety to the regulatory requirements of 14 

C.F.R. Part 61, including 14 C.F.R. §§ 61.3 and 61.113 by following the safety procedures provided in the 

Guide. In addition to training and experience requirements and limitations, Adam H. Guthrie has placed 

additional restrictions on its proposed UAS operations to ensure an extra margin of safety. The UAS will 

only operate in a controlled and sterile area away from persons and property not involved in the 

operation. It will be flown based on VLOS at no more than 200 feet AGL. Collectively, these procedures 

ensure that the proposed UAS operations can be conducted safely.

V. Public Interest

Because the technology to provide photographs that can better facilitate clients desires to

market real estate for the purchase of real estate has advanced to a degree that is not possible from 

traditional photography the public will be well served by offering aerial photographs that can better 

produce the desired results. Some of which include the depiction of the beauty and aesthetics of a 

property for marketing purposes or the location of a property to surrounding adverse conditions that 

may affect the decision process of an institutional lender when making a loan for a particular property.

VI. Privacy

All of Adam H. Guthrie’s UAS operations shall be conducted in accordance with applicable

federal, state, or local laws regarding privacy. Adam H. Guthrie will not conduct flight operations over 

property that it does not own or control without the prior consent and knowledge of the property 

owner. Moreover, Adam H. Guthrie will not capture or use images from restricted areas requiring 
privacy and or confidentiality under any circumstance. This does not mean, however, that images may 

not be taken that are permitted by law and do not require a level of privacy that is an exception to the 

norm.

VII. Federal Register Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL 

REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following sections in Title 14 of the Code of Federal

Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.3; 61.113; 91.7(a); 91.9(b)(2); 91.103;

91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) &

(2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners 

by (a) ensuring that the operations of the UAS described above are recognized by the FAA in the form of 

an exemption (b) how to safely operate small UAS in furtherance of career objectives and to the benefit 

of public safety while providing a valuable service as it relates to the real estate business provided by 

Adam H. Guthrie
APPENDIX A

Adam H. Guthrie UAS Standard Operating Guide

▫ Any UAS in operation must weigh less than 55 pounds at its maximum take-off weight.

▫ Flights will be operated within the VLOS of the PIC and an observer, at a minimum.

▫ Maximum total flight time for each operational flight will be limited to 25% reserve battery power 

remaining.

▫ Flights will be operated at an altitude of no more than 200 feet AGL.

▫ Radius and altitude limitations will be set according to an assessment of the experience level of the 

operator for each flight.

▫ All operations will be conducted in class G airspace.

▫ Flights will be restricted to pre-determined areas of the client/owners property.

▫ Flight zones will be located at the maximum distance away from persons, inhabited structures, and 

vehicles that is possible given the layout of the property. The flight zone in which operations occurs will 

be assigned based on surface and air traffic, activities, and weather conditions.

▫ Flights will be limited to a speed of 30 mph and vertical ascent will be limited to 15 mph.

▫ The UAS will be operated and maintained in accordance with the requirements of the Phantom 3 User 

Manual and any manufacturer Safety Bulletins.

▫ Prior to the operation, the flights will be fully preplanned and briefed, including possible contingencies 

and emergency procedures.

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

▫ All required permissions, NOTAM’s and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

▫ All UAS operations will occur in daylight, Visual Flight Rules ("VFR") conditions. Instrument flight rules 

flights are prohibited and no flights will occur at night, or in adverse weather conditions.

▫ The UAS will be controlled by the Phantom 3 Standard or Advanced Remote Control System or like 

system and the radio frequency spectrum used for operation and control of the UA shall comply with 

the Federal Communications Commission ("FCC") or other appropriate government oversight agency 

requirements.
APPENDIX B

AMA Advisory Circular

ADVISORY CIRCULAR

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Washington, D.C.

Subject: MODEL AIRCRAFT OPERATING STANDARDS

1. PURPOSE. This advisory circular outlines, and encourages voluntary compliance with, safety standards 

for model aircraft operators.

2. BACKGROUND. Modelers, generally, are concerned about safety and do exercise good judgement 

when flying model aircraft. However, model aircraft can at times pose a hazard to full-scale aircraft in 

flight and to persons and property on the surface. Compliance with the following standards will help 

reduce the potential for that hazard and create a good neighbor environment with affected 

communities and airspace users.

3. OPERATING STANDARDS.

a. Select an operating site that is of sufficient distance from populated areas. The selected site should be 

away from noise sensitive areas such as parks, schools, hospitals, churches, etc.

b. Do not operate model aircraft in the presence of spectators until the aircraft is successfully flight 

tested and proven airworthy.

c. Do not fly model aircraft higher than 400 feet above the surface. When flying aircraft within 3 miles of 

an airport, notify the airport operator, or when an air traffic facility is located at the airport, notify the 

control tower, or flight service station.

d. Give right of way to, and avoid flying in the proximity of, full-scale aircraft. Use observers to help if 

possible.

e. Do not hesitate to ask for assistance from any airport traffic control tower or flight service station 

concerning compliance with these standards.

R.J. VAN VUREN

Director, Air Traffic Service

Initiated by: AAT-220
APPENDIX C

AMA Safety Code

Academy of Model Aeronautics National Model Aircraft Safety Code

Effective January 1, 2014

A. GENERAL: A model aircraft is a non-human-carrying aircraft capable of sustained flight in the

atmosphere. It may not exceed limitations of this code and is intended exclusively for sport, recreation, 

education and/or competition. All model flights must be conducted in accordance with this safety code 

and any additional rules specific to the flying site.

1. Model aircraft will not be flown:

(a) In a careless or reckless manner.

(b) At a location where model aircraft activities are prohibited.

2. Model aircraft pilots will:

(a) Yield the right of way to all human-carrying aircraft.

(b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA Document#540-D.)

(c) Not fly higher than approximately 400 feet above ground level within three (3) miles of an airport 

without notifying the airport operator.

(d) Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except 

where there is a mixed use agreement.

(e) Not exceed a takeoff weight, including fuel, of 55 pounds unless in compliance with the AMA Large 

Model Airplane program. (AMA Document 520-A.)

(f) Ensure the aircraft is identified with the name and address or AMA number of the owner on the 

inside or affixed to the outside of the model aircraft. (This does not apply to model aircraft flown 

indoors.)

(g) Not operate aircraft with metal-blade propellers or with gaseous boosts except for helicopters 

operated under the provisions of AMA Document #555.

(h) Not operate model aircraft while under the influence of alcohol or while using any drug that could 

adversely affect the pilot’s ability to safely control the model.

(i) Not operate model aircraft carrying pyrotechnic devices that explode or burn, or any device which 

propels a projectile or drops any object that creates a hazard to persons or property.

Exceptions:

• Free Flight fuses or devices that burn producing smoke and are securely attached to the model 

aircraft during flight.

• Rocket motors (using solid propellant) up to a G-series size may be used provided they remain 

attached to the model during flight. Model rockets may be flown in accordance with the 

National Model Rocketry Safety Code but may not be launched from model aircraft.
• Officially designated AMA Air Show Teams (AST) are authorized to use devices and practices as 

defined within the Team AMA Program Document. (AMA Document #718.)

(j) Not operate a turbine-powered aircraft, unless in compliance with the AMA turbine regulations. 

(AMA Document #510-A.)

3. Model aircraft will not be flown in AMA sanctioned events, air shows or model demonstrations

unless:

(a) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers

intended or anticipated prior to the specific event.

(b) An inexperienced pilot is assisted by an experienced pilot.

4. When and where required by rule, helmets must be properly worn and fastened. They must be OSHA, 

DOT, ANSI, SNELL or NOCSAE approved or comply with comparable standards.

B. RADIO CONTROL (RC)

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures

and shall avoid endangerment of life and property of others.

2. A successful radio equipment ground-range check in accordance with manufacturer’s

recommendations will be completed before the first flight of a new or repaired model aircraft.

3. At all flying sites a safety line(s) must be established in front of which all flying takes place. 

(AMA Document #706.)

(a) Only personnel associated with flying the model aircraft are allowed at or in front of

the safety line.

(b) At air shows or demonstrations, a straight safety line must be established.

(c) An area away from the safety line must be maintained for spectators.

(d) Intentional flying behind the safety line is prohibited.

4. RC model aircraft must use the radio-control frequencies currently allowed by the Federal

Communications Commission (FCC). Only individuals properly licensed by the FCC are authorized 

to operate equipment on Amateur Band frequencies.

5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing flying 

site without a frequency-management agreement. (AMA Documents #922 and #923.)

6. With the exception of events flown under official AMA Competition Regulations, excluding 

takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any 

individual, except for the pilot and the pilot's helper(s) located at the flightline.

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight 

while it is still under power, except to divert it from striking an individual.

8. RC night flying requires a lighting system providing the pilot with a clear view of the model’s 

attitude and orientation at all times. Hand-held illumination systems are inadequate for night 

flying operations.
9. The pilot of an RC model aircraft shall:

(a) Maintain control during the entire flight, maintaining visual contact without 

enhancement other than by corrective lenses prescribed for the pilot.

(b) Fly using the assistance of a camera or First-Person View (FPV) only in accordance 

with the procedures outlined in AMA Document #550.

(c) Fly using the assistance of autopilot or stabilization system only in accordance with 

theprocedures outlined in AMA Document #560.

C. FREE FLIGHT

1. Must be at least 100 feet downwind of spectators and automobile parking when the model 

aircraft is launched.

2. Launch area must be clear of all individuals except mechanics, officials, and other fliers.

3. An effective device will be used to extinguish any fuse on the model aircraft after the fuse has

completed its function.

D. CONTROL LINE

1. The complete control system (including the safety thong where applicable) must have an

inspection and pull test prior to flying.

2. The pull test will be in accordance with the current Competition Regulations for the applicable 

model aircraft category.

3. Model aircraft not fitting a specific category shall use those pull-test requirements as 

indicated for Control Line Precision Aerobatics.

4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown 

closer than 50 feet to any above-ground electric utility lines.

5. The flying area must be clear of all nonessential participants and spectators before the engine 

is started.