Adam Van Gilder

Van Gilder Photography

909 Yellowstone Ave

Belgrade, MT 59714

Phone: (406) 541-3767

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE., 

Washington, DC 20590

March 7, 2016

Dear Sir or Madam:

Pursuant to Section333 of the FAA Modernization and Reform Act ("FMRA") and 14

C.F.R. part 11, Van Gilder Photography/ Adam Van Gilder, hereby petitions the Federal Aviation 

Administration ("FAA") for exemption from 14 C.F.R. §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a),

61.315(a), 91.7(a), 91.119(c), 91.121, 91.15l(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(l) and

(2), and 91.417(a) and (b), and any other rules the FAA deems necessary, to enable VanGilder Photography 

and Adam Van Gilder to operate unmanned aircraft systems ("UAS") for aerial photography and video in 

regards to Real Estate, special events, marketing, and documenting Landscapes and property. The UAS will 

be a DJI Phantom 3 Advanced drone. Since this petition is similar in all material respects to previously 

granted Section 333 petitions, VanGilder Photography respectfully requests expedited approval pursuant to 

the FAA’s summary grant process.

I. Public Interest

VanGilder Photography is a very small business in Southern Montana. The company has a nice

range of specialties including weddings, community gatherings, real estate and local business 

promoting. VanGilder Photography would like to expand its capabilities by including an aerial 

perspective for all parties interested. This could help locals sell and buy their homes, or promote 

their businesses by taking on new views for their audience. All events are pre-approved by the 

property owner or manager. Social events and wedding range in many different locations in 

Montana, some of which can be tricky to photography. VanGilder Photography strives on pleasing 

the client and surpassing their expectations of the experience they receive. We want everybody that 

experiences the company to have great memories. Permitting VanGilder Photography/ Adam Van 

Gilder to use UAS will provide better imagery and create fond memories for the community. It will 

also allow local homes to have a larger variety of images for the public to view while shopping for a 

new home.

II. The UAS

VanGilder Photography requests an exemption to operate the DJI Phantom 3 Advanced, which is far 

below the 55-pound limit. The registration is documented and kept on hand. There are not any DJI 

technicians in my area; I cannot have it conveniently professionally inspected. However, I will 
inspect the Aircraft before and after use. If anything seems out of the ordinary, I will send it to DJI 

for proper inspection and/or repairs.

III. Business Use

The primary use of the UAS will be for real estate photography. This means the UAS will be flown 

within the parameters of the FAA. The UAS will not be flown over power lines or any congested 

areas. The Aircraft will only be flown over approved private land or appropriate public land. Safe 

guards will be in place to prevent damage to private property. Other uses for the UAS will include 

Wedding photography/ video, outdoor sporting events, local small business marketing and 

community events. Within these, The PIC will maintain a safe distance from any people and private 

property to avoid any damages or violation of privacy. All events and locations will be 

predetermined on where the UAS is allowed to fly before it takes flight.

IV. Safety

Personal inspection of the UAS takes place before and after flight. Any questionable parts will 

immediately be replaced with safe and fully functional equipment. The UAS will not fly over 

congested areas or at an unsafe distance from a person. The aircraft will maintain safe and stead 

speeds to keep control. In the case of strong winds, the UAS will not be put in the air (or immediate 

landing if already in flight). The UAS will not be operated at a speed above 20 mph, at an altitude 

greater than 400 feet above its current ground level or 2000 feet horizontally from a cloud. All events 

will have a PIC and maintain a visual line of sight of the UAS at all times. I propose an amendment 

from section 91.151. The DJI Phantom 3 Advanced Battery life has an average life of 15-22 minutes. 

Instead, I propose that the aircraft me landed after 15 minutes of flight or 25% battery life remaining 

(whichever comes first). In the case of special events, the Aircraft may need to closer than 500 feet to 

a person, vehicle or structure. The Aircraft will maintain a safe distance from any congested areas in 

case of random winds or other unpredictable occurrences for safety. The PIC will abort the flight in 

the event of unpredicted obstacles or emergencies and will yield to all manned aviation activity. 

Adam Van Gilder will follow the UAS manufacturer’s maintenance and safety manuals and 

instructions. Safety is important and VanGilder Photography will do everything possible to keep the 

public from harm by our guidelines and those of the FAA.

V. Applicant Information

Adam Van Gilder (PIC)

Business owner

VanGilderPhotography

406.451.3767

909 Yellowstone Ave.

Belgrade, MT 59714

VI. Regulations from which exemption is requested:

14 C.F.R. §§ 61.23(a) and (c);

14 C.F.R. §§ 61.101(e)(4) and (5);

14 C.F.R. § 61.113(a);

14 C.F.R. § 61.315(a);
14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.121;

14 C.F.R. § 91.151(a)(l);

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).

VII. Summary to be published in the Federal Register

Should the FAA determine that publication in the Federal Register is required, VanGilder 

Photography/ Adam Van Gilder offers the following summery pursuant to section 11.81 of the FAA's 

rules:

Petitioner: Adam Van Gilder

Sections of 14 C.F.R. Affected: 14 C.F.R. §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5);

14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14

C.F.R. § 91.121; 14 C.F.R. § 91.15l(a)(l); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14

C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and (b).

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§

61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. §

61.315(a); 14 C.F.R. § 91.7(a); 14C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. §

91.151(a)(l); 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) to operate unmanned aerial systems for Photography and video 

within the realm of Real Estate, special events, weddings, outdoor sporting events, local small 

business marketing and community events.

VIII. Conclusion

 As the business owner, I would like to make it known that I would like to take all of the appropriate steps 

use my drone for commercial use. Please contact me if there are any questions that I may answer to ease the 

process. I have done my best to read through and comprehend Title 14 C.F.R. If for some reason I may have 

missed something that you may deem important to me, please bring it to my attention so it may be included.

To restate, I will be using my UAS within city limits, on approved private property, and public land. I do not 

have a pilot’s certificate. I understand public safety and take full safety precautions before, during, and after 

operating the UAS. As stated above, Adam Van Gilder has proposed in this petition for exemption will gain 

significant public benefits while presenting minimal safety risks. Once again, if there are any questions to 

help expedite the process, please contact Adam Van Gilder.

Sincerely, 

Adam Van Gilder

Vangilderphotography@gmail.com