Brandon Cleeves

2109 Delano Rd.

Comins Michigan 48619

July 29, 2015

United States Department of Transportation 

Docket Management 

System 1200 New Jersey 

Avenue S.E. 

Washington, DC 20590 

Re: 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 91.119(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)(2); and 14 CFR 91.417(a) and (b). 

To whom it may Concern: 

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

CFR Part 11, Brandon Cleeves, operator of an Unmanned Aircraft System (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

commercial operation of a DJI Phantom 3(UAS), so long as 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 a UAS, as described herein, which are equipped with camera(s) and 

sensors, would perform the following services: 

 Inspections

 Aerial Photography

 Real Estate advertising

 Promotional advertising

The name and address of the Applicant is: 

Brandon Cleeves

Address: 2109 Delano Rd. Comins Michigan 48619

Phone: (989)848-2398 

Email: bcleeves@gmail.com
2

Regulations from which the exemption is requested: 

• 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 91.119(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)(2) 

• 14 CFR 91.417(a) and (b) 

Given the small size of the UAS and the controlled environment provided the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this 

application presents no national security issues. Regarding the level of safety and 

professionalism surrounding the proposed operations and the public benefit, reduction in 

environmental impacts, including but not limited to reduced emissions and noise, the grant of 

the requested exemption is in the public interest. 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203(a)(1) 

Subpart H, entitled the 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. 

The UAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a pilot 

nor passenger, carries no explosives materials or flammable liquid fuels, and operates 
3

exclusively within a secured and designated area. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. The FAA will have 

advance notice of all operations. These safety enhancement provide a greater degree of safety to 

the public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 CFR Par 21, Subpart H 

14 CFR §45.23(b) Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman letter “N” and the registration number 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 two inches nor more than six inches high, the words “limited,” 

“restricted,” “light-sport,” experimental,” or “provisional” as applicable. 

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

the UAS will have no entrances to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the UAS, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with 

§45.29(f). 

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

required by §45.29(f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as “Experimental.” 

14 CFR §61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command 

Pursuant to 14 CFR 61.113 (a) and (b), no person who holds a Private Pilot Certificate may

act as Pilot in Command of an aircraft that is carrying passengers or property for 

compensation or hire. The applicant may achieve an equivalent level of safety as achieved by

current regulations, because the applicant’s UAS does not carry any pilots, passengers or 

property. The risks attendant to the operation of UAS is far less than the risk levels inherent in 

the commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a ATP 

certificate along with a current Third Class or higher Medical Certificate exceeding the current 

safety levels in relation to 14 CFR 61.113 (a) and (b). Applicant believes that the operation 

and limitations set forth in the FOM will equate to the safe operation of the UAS. 

14 CFR §91.7(a): Civil Aircraft Airworthiness 
4

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.

14 CFR §91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft 

Section 91.9(b)(2) provides: No person may operate a US-registered civil aircraft ...(2) For 

which an Airplane or Rotorcraft Flight Manual is not 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. The UAS, 

given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft thus an exemption will be necessary.

14 CFR §91.103: Preflight Action 

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

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the 

aircraft, an exemption will be needed. The PIC will take all actions as stated in the FOM. 

14 CFR §91.119: Minimum Safe Altitudes 

Due to the limitation that operations be conducted at or below 400 feet AGL, an exemption 

will be necessary to meet 91.119. The UAS will be operated as follows: Operate the UAS for 

15-20 minutes per flight, land UAS according to the manufacturer’s recommended minimum 

level of battery power. Operate my UAS only within visual line of sight (VLOS). Have 

emergency procedures in place to abort flight if necessary in the interest of safety.

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 field elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the UAS may not have a 

barometric altimeter, but instead a GPS altitude readout, an exemption may be needed. 

14 CFR §91.151(a) Fuel Requirements for Flight in VFR Conditions 

Section 91.151(a) prohibits an individual from beginning “...a flight in an airplane under VFR 

conditions unless (considering and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing, and, assuming normal cruise speed – (1) During the day, to 

fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

Since, the battery powering the UAS provides approximately 20 minutes of powered flight an 

exemption will be necessary.
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14 CFR §91.203(a) and (b): Carrying Civil Aircraft Certificates and Registration 

(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. 

The UAS fully loaded weighs no more than 55 pounds and is operated without an onboard 

pilot. As such, there is no ability to place or carry certification and registration documents or 

to display them on the UAS and thus an exemption will be necessary.

14 CFR §91.405(a); 407(a)(1); 409(a)(2); 417(a) and (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner “shall have that 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...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the Applicant; an exemption will be necessary. Maintenance 

will be accomplished by the operator pursuant to the flight manual and operating handbook. 

Additional Information 

Brandon Cleeves holds an ATP certificate #3172992 in addition is a Certified Flight 

Instructor, Instrument Instructor and Multi-engine instructor.

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than 

adequate justification for the grant of the requested exemptions allowing the commercial 

operation of the Applicant’s UAS. Accordingly, the applicant requests that the FAA grant the 

requested exemption with minimum delay. Please remember safety is no accident. 

Sincerely,

Brandon Cleeves

bcleeves@gmail.com

ENCLOSURES: 

DJI Phantom 3 –specs

DJI Phantom 3 user manual
6

Aircraft

Weight (including battery and propellers)

1280 g

Diagonal size (including propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

 Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

 Horizontal: +/- 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sensor

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens

FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞
7

ISO Range

100-3200 (video) 100-1600 (photo) 

Shutter Speed

8s -1/8000s

Image Max Size

4000 x 3000

Still Photography Modes

 Single Shot

 Burst Shooting: 3/5/7 shots

 Auto Exposure Bracketing (AEB): 3/5

 Bracketed Frames at 0.7EV Bias

 Time-lapse

Video Recording Modes

Phantom 3 Professional

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS-1 rating required

Max Bitrate of Video Storage

Phantom 3 Professional

60 Mbps

Phantom 3 Advanced
8

40 Mbps

Supported File Formats

 FAT32/exFAT

 Photo: JPEG, DNG

 Video: MP4, MOV (MPEG-4 AVC/H.264)

Operating Temperature

0°C to 40°C

Gimbal

Controllable Range

Pitch -90° to +30°

Stabilization

3-axis (pitch, roll, yaw)

Vision 

Positioning

Max Velocity

Less than 8 m/s (when 2 m above ground)

Altitude Range

30 cm-300 cm

Operating Range

30 cm-300 cm

Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote 

Controller

Operating Frequency

2.400 GHz-2.483 GHz

Max Distance

2000m (outdoors and unobstructed)

Video Output Port

USB

Operating Temperature
9

0°C- 40°C

Battery

6000 mAh LiPo 2S

Mobile Device Holder

For tablet or phone

Receiver Sensitivity (1%PER)

-101 dBm ±2 dBm

Transmitter Power (EIRP)

 FCC: 20 dBm

 CE: 16 dBm

Working Voltage

1.2 A @7.4 V

Battery 

Charger

Voltage

17.4 V

Rated Power

Phantom 3 Professional

 100 W

Phantom 3 Advanced

 57 W

Intelligent 

Flight 

Battery

Capacity

4480 mAh

Voltage

15.2 V

Battery Type

LiPo 4S
10

Energy

68 Wh

Net Weight

365 g

Max Flight Time

Approximately 23 minutes 

Operating Temperature

-10°C to 40°C

Max Charging Power

100 W

App / Live 

View

Mobile App

DJI Pilot

EIRP

100mW

Live View Working Frequency

2.4GHz ISM

Live View Quality

720P @ 30fps (depending on conditions and mobile device)

Latency

220ms (depending on conditions and mobile device)

Required Operating Systems

 iOS 8.0 or later

 Android 4.1.2 or later

Recommended Devices

 iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + 
11

Cellular, iPad mini 2, iPad mini 2 Wi-Fi + Cellular, iPad Air 2, iPad Air 

2 Wi-Fi + Cellular, iPad mini 3, and iPad mini 3 Wi-Fi + Cellular. This 

app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus

 Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, 

Google Nexus 9, Mi 3, Nubia Z7 mini

 *Support for additional Android devices available as testing and 

development continues