U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Avenue

SE	Washington,	DC	20590

November	17,2015

Re:	Exemption	Request	under	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the

FAA	Regulations	and	certain	parts	of	the	F	ARs.

Dear	Sir	or	Madam:

Request:

In	order	to	provide	safe	and	environmentally-friendly	aerial	videography	and

photography	for	and	public	or	business	interests,	I,	Edgar	Cook,	pursuant	to	Section	

333	of	the	FAA	Modernization	and	Reform	Act	of	2012	("FRMA"),	would	like	to	

formally	submit	for	exemptions	from	the	following	Section	333	regulations:

•	14	C.F.R.	Part	21

•	14	C.F.R.	45.23(b)

•	14	C.F.R.	61.113(a)	and	(b)

•	14	C.F.R.	91.7(a)

•	14	C.F.R.	91.9(b)(2)

•	14	C.F.R.	91.119(c),

•	_	14	C.F.R.	91.121,

•	14	C.F.R.	91.151(a)(l),

•	14	C.P.R.	91.203(a)	and	(b),

•	14	C.F:R.	91.405(a),

•	14	C.F.R.	91.407(a)(l),

•	14	C.F.R.	91.409(a)(l)	and	(2),

•	14	C.P.R.	91.417(a)	and	(b)

I	am	requesting	these	exemptions	so	that	I	may	safely	operate	the	DJI	Phantom	3

Professional	UAS	commercially	along	the	guidelines	of	the	accompanying	operator's

manual	as	well	as	FAA	guidelines	for	UAS	flight	and	safety	guidelines	set	by	the	

Academy	of	Model	Aeronautics	(AMA).

Proposed	UAS	and	Operations

The	DJI	Phantom	3	Professional	weighs	less	than	three	pounds,	will	always	be	flown

under	400	feet	limited	via	software	by	its	GPS	and	barometric	sensors,	is	electrically

powered	by	a	lithium	ion	battery,	carries	no	combustible	fuel	or	crew,	and	will	be

transported	in	proper	storage	to	and	from all	flight	areas	(in	accordance	with	FAA	

guidelines).	The	aforementioned	proposed	exemptions	would	allow	me	to	operate	

the	DJI	Phantom	3	Professional	UAS	for	commercial	purposes	of	aerial	videography	

and	photography	as	a	service	to	public	and	business	interests,	including:	real-estate

photography	and	videography,	wedding	and	private	individual	photography	and

videography,	public	and	commercial	photography	and	videography,	and	agricultural
photography	and	videography.	

As	evidenced	by	recent	Exemption	Nos. 12045	and	12058,	the	FAA	recently	

approved	similar	use	of	the	DJI	Phantom	3	Professional	UAS.	These	particular	UAS	

have	been	proven	reliable	and	safe	flying	machines	managed	by	gyroscopicallystabilized	flight,	ground	detection,	GPS-aided	navigation,	a	built-in	compass,	

blinking	LED	lights,	a	manual	and	automatic	fail	safe	"Return	To	Home"	mode	for	

returning	to	the	point	of	takeoff,	and	propeller	guards	in	order	to	protect	both	the	

UAS	and	the	environment.	This	particular	model	combines	state-of-the-art,	proven	

technology	with	high	quality	manufacturing	and	user-friendly	control	to	ensure	safe	

operation	and	easy	maintenance	and	care.

Specific	section(s)	of	14	CFR	which	I	seek	relief	and	the	reason(s)	I	seek	relief:

14	C.F.R.	Part	21:	Airworthiness	Certificates

Given	the	size	and	limited	operating	area	associated	with	the	UAS	to	be	utilized,	an

exemption	from	Part	21	meets	the	requirements	of	an	equivalent	level	of	safety	

under	Part	11	and	Section	333	of	the	Reform	Act.	As	evidenced	in	Exemption	No.	

12045, "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	conventional	aircraft	

operating	with	an	airworthiness	certificate	without	restrictions	and	conditions	

proposed."

14	C.F.R.	45.23:	Display	of	marks:	general

Because	the	DJI	Phantom	3	Professional	does	not	have	a	cabin,	cockpit,	pilot	station,

fuselage,	boom,	or	tail	on	which	to	mark	large	words,	numbers,	or	phrases,	I	request

exemption	from	the	above	regulation.	However,	in	efforts	to	comply	with	the	above

regulation	and	those	set	by	the	Academy	of	Model	Aeronautics	(AMA),	I	will	affix	a

small	label	to	the	external	hull	of	the	UAS	indicating	my	name,	address,	and	my	AMA	

Member	Number.

14	C.F.R.	61.113(a)	&	(b):	Private	pilot	privileges	and	limitations:	Pilot	in	command

Under	§	61.113	(a)	and	(b),	certified	private	pilots	are	limited	to	noncommercial

operations.	However,	I	am	able	to	achieve	an	equivalent	level	of	safety	through	

current	FAA	regulations	of	UAS	operation	and	AMA	safety	guidelines	(outlined	in	

the	summary	of	this	document)	without	such	a	certification	because	of	the	above	

mentioned	safety	features	of	the	DJI	Phantom	3.	According	to	Exemption	No.	12045	

in	which	the	DJI	Phantom	3	Professional	was	authorized	for	similar	operation,	"The	

FAA	has	previously	declared	that	additional	manned	airship	experience	of	a	

commercially	certified	pilot	would	not	correlate	to	the	airmanship	skills	necessary	

for	similarly	proposed	operations	in	previously	issued	exemptions	to	this	regulation	

through	Exemption	Nos.	11062	and	11138."	Therefore,	bearing	any	pilot	

certification	or	license	will	not	ensure	remote	piloting	skills	of	a	UAS;	the	risks	of	

operating	this	UAS	are	far	less	than	the	risk	levels	inherent	in	commercial	activities	

with	traditional	aircraft	given	the	DJI	Phantom's	safety	features	and	the	limited	

range	and	speed	of	the	UAS.	The	FAA	has	approved	a	similar
exemption	to	the	above	rule	as	evidenced	in	Exemption	No.	12058.

14	C.F.R	91.7:	Civil	aircraft	airworthiness

Currently	there	is	no	certificate	applicable	to	this	UAS,	and	therefore	it	will	be	up	to

myself,	Edgar	Cook,	to	determine	the	airworthiness	of	the	DJI	Phantom	3	in	

accordance	with	its	official	operating	manual.	Written	and	signed	pre	and	post-flight	

inspections	of	the	propellers,	motors,	frame,	landing	stands,	camera	and	gimbal	unit,	

connected	tablet	devices,	a	compass	calibration	and	properly	ensured	GPS	locks	as	

indicated	by	the	DJI	Phantom's	display	of"Safe	to	Fly"	message	will	be	performed	

before	and	after	each	flight,	accurate	records	of	which	will	be	kept	with	the	UAS's	

storage	and	transportation	system	at	all	times.	These	records	will	be	dated	and	will	

include	the	total	flight	time	of	each	flight.

14	C.F.R.	91.9	(b)(2):	Civil	aircraft	flight	manual,	marking,	and	placard	requirements

As	evidenced	in	Exemption	12045,	since	there	are	"no	pilots	or	passengers	on	board	

this	aircraft,	and	given	its	size,	this	regulation	is	inapplicable.	An	equivalent	level	of	

safety	will	be	achieved	by	maintaining	a	safety/flight	manual	with	the	operator."	In	

addition	to	the	official	safety/flight	manual	provided	by	DJI	upon	purchase	of	the	

Phantom	3,	following	the	AMA	guidelines	for	safe	flight	operations	and	the	FAA	

regulations	for	UAS	operations	will	ensure	a	high	level	of	safety.

14	C.F.R.	91.119(c):	Minimum	safe	altitudes

I,	Edgar	Cook	will	ensure	that	the	UAS	does	not	operate	any	higher	than	400	feet	at

ground	level	by	setting	the	maximum	altitude	at	400	feet	in	DJI's	pilot	application	

and	ensuring	this	is	set	before	each	flight	as	part	of	the	pre-flight	inspection.	I	will	

not	fly	over	congested	areas	or	directly	above	unprotected	people	or	moving	

vehicles.	I	will	plan	operations	before	hand	for	proper	flight	safety	and	proper	

height	analysis	as	to	avoid	collisions.	The	GPS	and	barometric	sensors	equipped	on	

the	DJI	Phantom	3	will	ensure	accurate	altitude	readings,	the	output	of	which	will	be	

fed	to	my	tablet	device	in	real	time	as	I	operate	the	UAS.	

14	C.F.R.	91.121:	Altimeter	settings

The	DJI	Phantom	3	utilizes	the	latest	GPS/GLONASS	technologies	as	well	as	a

barometric	sensor	with	live	data	output	to	the	tablet	device	attached	to	the	

transmitter.	An	equivalent	level	of	safety	and	accurate	altimeter	telemetry	will	be	

achieved	by	using	this.

14	C.F.R.	91.151(a)(1):	Fuel	Requirements	for	flight	in	VFR	conditions

The	DJI	Phantom	3	is	electrically-powered	by	lithium	ion	batteries	which	are	made	

by	DJI	specifically	for	this	particular	UAS.	They	are	rated	as	providing	no	longer	than	

25	minutes	of	flight	time.	Therefore,	due	to	the	limitations	of	the	batteries,	it	is	

currently	impossible	to	comply	with	part	91.151.

14	C.F.R.	91.203(a)	and	(b):	Civil	aircraft:	Certifications	required

Currently,	there	are	no	procedures	for	providing	airworthiness	certificates	for	the

mentioned	UAS.	I,	Edgar	Cook,	however	will	always	fly	safely	while	having	the

manuals	of	the	DJI	Phantom	3	and	abiding	by	FAA	regulations	for	UAS	operation	and
AMA	safety	guidelines.

14	C.F.R.	91.405(a):	Maintenance	Required,	14	C.F.R.	91.407(a)(l):	Operation	after

maintenance,	preventive	maintenance,	rebuilding,	or	alteration,	14	C.F.R.	

91.409(a)(l)	and	(2):	Inspections	&	14	C.F.R.	91.417	(a)	and	(b):	Maintenance	

records

Maintenance inspections	may	be	required	and	should	be	granted	since	they	apply	to

aircraft	with	an	airworthiness	certificate.	However	I,	Edgar	Cook,	will	perform	both

preflight	and	post-flight	inspections	of	the	UAS	before	and	after	each	flight	as	

outlined	in	the	operating	documents.	I,	Edgar	Cook,	will	also	follow	manufacturer	

recommendations	from	said	operating	documents	and	keep	a	written	record	of	any	

maintenance	done	to	the	UAS.

Public	Interest	and	Public	Safety:

Aerial	photography	and	videography	provided	to	the	public	allows	for	a	more

cost-effective,	safe,	and	environmentally-friendly	method	to	capturing	imagery	than	

its	alternative:	manned	aircraft	and	helicopters.	The	latter	are	expensive	to	operate	

and	maintain,	create	a	high	level	of	noise,	and	are	much	more	hazardous	due	to	size	

and	combustible	fuel	- especially	if	flown	at	low	altitudes	required	for	some	

operations.	I,	Edgar	Cook,	in	addition	to	using	my	UAS	for	commercial	endeavors,	

will	also	gladly	offer	my	services	free	of	charge	upon	request	and	with	proper	

coordination	to	any	official	search	and	rescue	or	emergency	services	organization	to	

benefit	the	public.	Because	of	this,	an	increase	of	commercial	activity	and	a	gaining	

of	more	detailed	understanding	of	private	and/or	farm	land	would	help	local	and	

area	communities	by:	reducing	pollution,	risk,	and	operating	costs	by	alternative	

aerial	video	and	photography	services	such	as		manned	airplanes	and	helicopters,	

reducing	carbon	emissions	and	traffic	congestion	by	vehicles	looking	to	view	

properties	such	as	real-estate	or	farm	land,	and	increase	visibility	to	local	

attractions	thereby	bolstering	local	commerce	and	tourism.

Given	that	there	is	no	fuel	and	no	crew	on	this	UAS,	that	it	weighs	under	three	

poundsand	has	propeller	guards,	as	well	as	having	a	low	maximum	speed	(less	than	

25mph),	safe	operation	of	this	craft	does	not	pose	any	immediate	danger	to	the	

environment,	wildlife,	infrastructure	or	people.	DJI	has	built	in	a	"No	Fly	Zone"	for	

major	cities	and	points	of	interest	that	have	registered	as	a	"do	not	fly	zone."	

Operation	of	the	Phantom	3	cannot	happen	in	these	locations,	as	any	flight	

capabilities	becomes	blocked	by	the	UAS	itself	if	within	range	and	the	operator	is	

notified.	Given	its	GPS	and	ground-sensing	capabilities,	a	failsafe	"Return	To	Home"	

mode	will	safely	return	the	craft	to	the	operator	at	the	push	of	a	single	button	or	

automatically	when	the	craft	is	either	low	on	power	or	operating	outside	of	its	

transmitter's	range.	This	ensures	that	the	craft	will	not	remain	airborne	in	unsafe	

conditions	and	pose	any	public	danger.

Summary

I,	Edgar	Cook,	am	seeking	exemption	from	the	following	rules:	14	C.F	.R.	Part	21,	14

C.F.R.	45.23(b),	14	C.F.R.	61.113(a),	14	C.F.R.	91.7(a),	14	C.F.R.	91.9(b)(2),	14	C.F.R.

91.119(c),	14	C.F.R.	91.121,	14	C.F.R.	91.151(a)(l),	14	C.P.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)(l)	and	(2),	14	C.F.R.
91.417(a)	and	(b).	With	the	exemptions	of	the	mentioned	rules	I,	Edgar	Cook,	will	be

seeking	to	make	my	UAS	photography/videography	services	available	to	public	and

commercial	interests.	The	FAA	has	authorized	similar	operations	under	Exemption	

Nos.	12045	and	12053.	Alternatively,	public	and	commercial	interests	had	

previously	sought	the	use	of	manned	aircraft	to	achieve	what	I can	offer	in	a	safer,	

more	cost-efficient	and	environmentally-friendly	manner	by	not	using	combustible	

fuel,	flying	at	safe	heights	and	strictly	following	the	usage	recommendations	from	

DJI	and	safety	procedures	by	the	Academy	of	Model	Aeronautics.	These	include	but	

are	not	limited	to:

•	Flying	the	DJI	Phantom	3	safely	in	accordance	with	its	operator's	manual

•	Maintaining	active	and	full	membership	in	the	Academy	of	Model	Aeronautics

(AMA),	which	provides'	a	high	level	of	insurance	and	training	programs	to	its	

members.

•	Always	flying	below	400	feet,	using	the	DJI	Phantom's	altitude	limiter	to	ensure	

this.

•	Completing	thorough	inspection	of	UAS	before	and	after	flights	and	keeping	

inspection	records	with	the	craft	at	all	times

•	Keeping	the	UAS	in	visual sight	at	all	times	when	in	operation

•	Using	an	observer	to	assist	if	needed

•	Remaining	safely	clear	of	and	do	not	interfere	with	manned	aircraft	operations

•	Not	flying	directly	over	unprotected	persons	or	moving	vehicles

•	Not	flying	within	5	miles	of	an	airport	or	control	tower

•	Not	flying	in	adverse	weather	conditions	such	as	high	winds,	rain,	or	impaired	

visibility

•	Not	flying	under	the	influence	of	alcohol	or	drugs	

•	Ensuring	the	operating	environment	is	safe

•	Not flying	over	sensitive	infrastructure	or	property	such	as	power	stations,	water

treatment	facilities,	correctional	facilities,	etc.

•	Checking	and	following	all	local	laws	and	ordinances	before	flying	over	private

property

•	Not	conducting	surveillance	or	photographing	persons	in	areas	where	there	is	an

expectation	of	privacy	without	the	individual's	permission

In	addition	to	these	above	general	standards,	I,	Edgar	Cook,	will	follow	and	abide	by	

the	following	AMA	safety	guidelines:

A.	[DEFINITION]:	A	"model	aircraft"	is	a	non-human-carrying	aircraft	capable	of

sustained	flight	in	the	atmosphere.	[This	includes	UAS	such	as	the	Dll	Phantom	3].

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	or	within	five
miles	of	an	airport.

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

seaplane	base.

(e)	Not	exceed	a	takeoffweight,	including	fuel,	of	55	pounds.	(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.

(g)	Not	operate	aircraft	with	metal-blade	propellers	or	with	gaseous	boosts	(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	bum,

or	any	device	which	propels	a	projectile	or	drops	any	object	that	creates	a

hazard	to	persons	or	property.

G)	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).

5.	RC	model	aircraft	will	not	knowingly	operate	within	three	(3)	miles	of	any	preexisting	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.

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.

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

accordance	with	the	procedures	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	[fire]	on	the	model	aircraft.

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.

I	thank	you	for	your	time	and	effort	in	processing	this	request	and	look	forward	to

cooperating	with	the	FAA	in	its	continued	commitment	for	the	safe	operation of	

UAS.

Sincerely,

Edgar	Cook

156	Bass	Rd.	NE

Milledgeville,	GA	31061

478-737-0923

edgartcook@gmail.com