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Red Dog Aerial Media, LLC

 

June 10, 2015 

 

 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

 

 

Re: Exemption Petition under Section 333 of the FAA Modernization & Reform Act, and 

Title 14 Part 11 of the Code of Federal Regulations (CFR)

 

 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417) 

 

Dear Sir or Madam, 

 

Pursuant to Section 333 of the FAA Modernization & Reform Act and 14 C.F.R. Part 11, 

Red Dog Aerial Media, LLC (Red Dog Aerial) hereby applies for the grant of exemption from 

certain Federal Aviation Regulations for Phantom II Vision+ (Phantom) and Inspire 1 (Inspire) 

Unmanned Aircraft, both manufactured by DJI Co. ,Ltd. of China. 

 

The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the Phantom and Inspire to support real estate photography, 

videography, and aerial surveying for other commercial industries. 

 

The Phantom Unmanned Aircraft System (UAS) consists of a lightweight (4 lb) battery operated 

quadcopter unmanned aircraft, onboard cameras, and associated communications equipment. 

The Inspire Unmanned Aircraft System (UAS) consists of a lightweight (6.5 lb) battery operated 

quadcopter unmanned aircraft, onboard cameras, and associated communications equipment. 

 

The Phantom and Inspire Unmanned Aircraft (UA) have previously demonstrated to have 

successfully met the safety and operational requirements resulting in previous grants of section 

333 exemption requests by other commercial UAS operators. 

 

The Phantom and Inspire UA both carry an onboard camera system that allows them to perform 

aerial photography, videography, and surveying. 

 

By approving the exemption, the Red Dog Aerial UAS operations will create benefits to both the 

economy and the environment which are ultimately in the public interest. 

 
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The aircraft will be operated with both a Pilot in Command and a Visual Observer in accordance 

with the following additional restrictions: 

 

 

• All operations will occur at no more than 400' AGL 

• The aircraft will be operated with the permission of the property owner 

• When necessary, applicable permits will be acquired from local authorities 

• The aircraft will not be operated over urban or populated areas 

• The aircraft will not be operated at air shows or over an open-air assembly of people 

• The aircraft will not be operated over heavily trafficked roads 

• Operations will be limited to day, visual meteorological conditions 

• Aircraft will remain within Visual Line of Sight at no greater than 1/2 NM of the PIC at all 

time 

• While the aircraft is airborne, the VO will be positioned within voice distance to the PIC 

• When necessary and applicable, Red Dog Aerial will file a NOTAM providing radial/DME, 

radius, and a date/time group for each operation 

 

For certain complex operations, Red Dog Aerial may assign one additional camera operator and 

spotters to assist the operations. 

 

We submit that the combination of: 

• The Phantom and Inspire UAV’s light weight and historically demonstrated safe operation 

and receiving approvals of multiple section 333 petitions 

• Fully qualified flight crew 

• Restricted operations under the guidelines established within the grant, 

• The FAA can have confidence that Red Dog Aerial UAS the operations will have an 

equivalent or greater level of safety of manned aircraft performing the same mission. 

 

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

level of safety. Additional documents supporting this petition will be submitted following this 

request. 

 

We look forward to working with your office. 

Please contact us at any time if you require additional information or clarification. 

 

Respectfully, 

 

 

 

 

James Cloutier 

Red Dog Aerial Media, LLC 

54 Haven Drive 

Auburn, NH 03032 

Tel: (603) 203-6037 

Email: jcloutier@reddogaerial.com

 
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TABLE OF CONTENTS 

NAME, ADDRESS CONTACT INFORMATION OF PETITIONER .............................Page 4 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH RED DOG AERIAL 

SEEKS EXEMPTION.........................................................................................................Page 4 

THE EXTENT OF RELIEF RED DOG AERIAL SEEKS AND THE REASONS 

RED DOG AERIAL SEEKS THE RELIEF .....................................................................Pages 4 to 6 

THE REASONS WHY GRANTING RED DOG AERIAL’S REQUEST WOULD 

BE IN THE PUBLIC INTEREST ......................................................................................Pages 6 to 7 

THE REASONS WHY GRANTING RED DOG AERIAL THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY ...........................................................................Page 7 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................Page 8 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT RED DOG AERIAL’S REQUEST....................................Page 9

GLOSSARY OF ABBREVIATIONS................................................................Pages 12 & 13 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
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NAME, ADDRESS AND CONTACT INFORMATION OF PETITIONER 

James Cloutier 

Red Dog Aerial Media LLC 

54 Haven Drive 

Auburn, NH 03032 

Tel: (603) 203-6037 

Email: jcloutier@reddogaerial.com

 

THE SPECIFIC SECTIONS OF 14 CFR TO BE RELIEVED FROM 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417)

 

THE EXTENT OF RELIEF RED DOG AERIAL SEEKS AND THE REASONS RED DOG AERIAL 

SEEKS THE RELIEF 

14 CFR 61.113 Private pilot privileges and limitations: 

 

Part 61.113 provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 

act as pilot in command of an aircraft in connection with any business or employment if; 

(1) flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

 

Since the aircraft cannot carry passengers or property, we request to be relieved from this 

regulation if our pilots at minimum, 

(1) hold at least a current private pilot certificate and, 

(2) hold a current third class medical certificate. 

By meeting conditions (1) and (2), we believe that equivalent level of safety can be 

achieved by complying with 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business. 

 

14 CFR 91.7 Civil Aircraft Airworthiness. 

14CFR 91.7 (a) states, 

“No person may operate a civil aircraft unless it is in an airworthy condition.” 

 

This rule prohibits the operation of an aircraft without an airworthiness certificate. 

Since there is no such existing certificate that is applicable for the Phantom or Inspire UAS’ 

to properly comply with the FARs, we request that Red Dog Aerial to be relieved from this 

regulation. 

 

To provide equivalent level of safety, we will ensure that the Phantom and Inspire UAS’ are 

in airworthy condition prior to every flight by following safety procedures described in our 

operating documents. 

 
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14 CFR 91.119 Minimum safe altitudes: General 

 

This regulation provides that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be 

operating at a maximum of 400 feet AGL, we cannot comply with this requirement. 

 

To provide an equivalent level of safety we will only fly over private property with the 

permission of the land owner. The land owner will be briefed of the expected route of flight 

and the associated risks to persons and property on the ground. We maintain that due to 

the small size of the Phantom, the hazard to persons, vessels, vehicles, and structures is 

not comparable to manned aircraft and should be considered in granting the exemption. 

 

 

14 CFR 91.121 Altimeter Settings 

 

This regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft. 

The Phantom and Inspire aircraft will fly below 400 feet AGL and will not need to maintain 

hemispherical cruising altitudes in order to de-conflict with other aircraft. 

 

To provide an equivalent level of safety, the PIC will check and confirm the Phantom and 

Inspire’s GPS altitude read out before each flight. 

 

 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes. We believe the intention of this rule is to provide a reserve 

of energy as a safety buffer for go-arounds and other delays to landing. 

The Phantom UAS is battery operated and the maximum duration of flight with full payload, 

from a single battery charge is approximately 25 minutes. 

The Inspire UAS is battery operated and the maximum duration of flight with full payload, 

from a single battery charge is approximately 18 minutes. 

We believe that equivalent level of safety can be achieved by limiting our flight with reserve 

energy 20 % ( ~5 minutes) on the battery. 

 

14 CFR 91 Subpart E ( 91.405, 91.407, 91.409, 91.417 ) Maintenance, Preventive 

Maintenance, and Alterations 

   

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection. It is our intention that the PIC, 

VO or authorized personnel to perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." 

 
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Red Dog Aerial requests that exemptions to the regulations under conditions below; 

 

(1) Red Dog Aerial will follow DJI’s manufacturer maintenance instructions, techniques and 

procedures 

 

(2) Red Dog Aerial will designate, train, and document the personnel who will be 

authorized to perform Inspection, Maintenance and Alterations by means of above stated 

maintenance instructions. Such designated personnel may include PIC, VO or other 

equivalent trained persons 

 

(3) To ensure equivalent level of safety, PIC will inspect the UA before each flight looking 

for any structural or mechanical malfunctions 

 

Due to the small size, light weight and simplicity of the Phantom and Inspire UAS’, we 

believe that the equivalent safety will be achieved by permitting any of the PIC, VO or 

equivalent trained personnel, to perform maintenance, inspection and alterations of the 

aircraft and " be authorized to approve the aircraft for return to service. " 

 

 

THE REASONS WHY GRANTING RED DOG AERIAL’S REQUEST WOULD BE IN THE PUBLIC 

INTEREST

 

We believe that granting our exemption request from, 

14 CFR Part 21.191 

14 CFR Part 45.23, 45.29 

14 CFR 61.113, 61.133 

14 CFR 91.9, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), is in the public’s interest and will benefit 

the public as a whole for the following reasons. 

 

 1- Phantom and Inspire are battery operated and free from the harmful emissions 

associated with the manned aircraft that are currently used for aerial photography and 

videography. 

As recently proven by several grants of section 333 petitions, UASs offer equivalent level of safety 

while reducing environmental impacts, which is in the public interest. 

 

 2- Red Dog Aerial’ UAS operations will contribute to a positive aggregate economic 

impact resulting in creation of jobs both direct and indirectly. Economic Research estimates that 

the UAS market will grow from $6 billion to $ 94 billion over the next decade resulting in a new 

workforce development. 

Because Red Dog Aerial operations will create new jobs such as pilots, flight operation staff, and 

administrative supporting staff, it will directly cause positive economic impact, hence granting 

Red Dog Aerial’ petition will benefit the public as a whole. 
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3- Congress has already proclaimed that it is in the public’s interest to integrate 

commercially flown UAS(s) into the national airspace system, hence the passing of the FAA 

Modernization and Reform Act of 2012. 

 

Granting Red Dog Aerial’s petition furthers the public’s interest as a demonstrated progression of 

integrating Unmanned Aircraft Systems into National Air Space, thus it will benefit public as a 

whole. 

 

 

THE REASONS WHY GRANTING RED DOG AERIAL THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY 

 

Red Dog Aerial believes that the grant of exemption from, 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), will not adversely affect safety by a 

combination of the reasons listed below. 

 

 (a) We have stated in the above section “ THE EXTENT OF RELIEF RED DOG AERIAL 

SEEKS AND THE REASONS RED DOG AERIAL SEEKS THE RELIEF” by describing how we 

intend to mitigate risk and accomplish FAA equivalent and acceptable level of safety for each 14 

CFR part. 

 

 (b) As a result of Phantom and Inspire unmanned aircraft’s size, weight, speed, operational 

capability, proximity to airports and populated areas, operation within visual line of sight combined 

with the implementation Red Dog Aerial of safety procedures, we believe that granting Red Dog 

Aerial’s exemption request will not adversely affect safety. 

 

 (c) DJI Phantom and Inspire have demonstrated to satisfy necessary safety risk mitigation 

by FAA thus resulting in multiple grants of section 333 petitions. 

Because of the combination of Phantom and the Inspire’s proven success and the conditions and 

limitations of our operations, we believe granting Red Dog Aerial’s request will not adversely 

safety. 

. 

 

 

 

 

 

 

 

 

 

 
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SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 

 

Department of Transportation 

Federal Aviation Administration 

 

Petitioner: Red Dog Aerial Media, LLC 

 

 

Petition of exemption from sections of ; 

 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151 

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417) 

 

Description of relief sought; 

 

Red Dog Aerial seeks an exemption for commercial operation of the Phantom and Inspire 

unmanned aircraft manufactured by DJI Co, Ltd. of China. 

The Phantom and Inspire unmanned aircraft system have an onboard camera system capable of 

acquiring high resolution data. 

Proposed operations will offer real estate aerial photography, videography and aerial surveying 

services for other commercial industries. 

 

 

 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

RED DOG AERIAL’S REQUEST 

 

 
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DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS 

Red Dog Aerial only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs 

are loaded with ground breaking software enabling the user to set parameters which will not allow flight into 

controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as 

well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+  

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity ‐ 2000/s

1.1.1.5 Max Tilt Angel ‐ 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy ‐ ±0.030

1.1.2.3 Controllable Range – Pitch: ‐900 ‐ 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range ‐ 320F ‐ 1040F (00C ‐ 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View ‐ 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) ‐ ‐93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412‐2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500‐700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W
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DJI INSPIRE 1 TECHNICAL SPECIFICATIONS 

Red Dog Aerial only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs 

are loaded with ground breaking software enabling the user to set parameters which will not allow flight into 

controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as 

well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and 

location information to the PIC via the linked monitor (smart phone/tablet devices) 

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model – T600

2.2.1.2 Weight (Battery Included) – 6lbs 7.5291oz (2935g)

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Horizontal: 2.5m

2.2.1.4 Max Angular Velocity – Pitch: 3000/s; Yaw: 1500/s

2.2.1.5 Max Tilt Angle ‐ 350 

2.2.1.6 Max Ascent Speed – 5m/s

2.2.1.7 Max Descent Speed – 4m/s

2.2.1.8 Max Speed – 22m/s (ATTI mode, no wind – NOT RECOMMENDED)

2.2.1.9 Max Flight Altitude – 4500m

2.2.1.10 Max Wind Resistance – 10m/s

2.2.1.11 Max Flight Time – Approximately 18 minutes

2.2.1.12 Motor Model – DJI 3510

2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range – 140F to 1040F (‐100C to 400C)

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model – ZENMUSE X3

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range ‐ ±0.030 

2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch: ‐900 to +300; Pan: ±3200 

2.2.2.7 Mechanical Range – Pitch: ‐1250 to 450; Pan: ±3300 

2.2.2.8 Max Controllable Speed – Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera

2.2.3.1 Name – X3

2.2.3.2 Model – FC350

2.2.3.3 Total Pixels – 12.76M

2.2.3.4 Effective Pixels – 12.4M

2.2.3.5 Image Max Size – 4000x3000

2.2.3.6 ISO Range – 100‐3200

2.2.3.7 Field of View ‐ 940 

2.2.3.8 CMOS – Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording – UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD:

1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range ‐ 320F ‐ 1040F (00C ‐ 400C)
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2.2.4 Transmitter

2.2.4.1 Name – C1

2.2.4.2 Operating Frequency – 5.728‐5.850GHz; 2.400‐2.483GHz

2.2.4.3 Communicating Distance (unobstructed) – 2000m

2.2.4.4 Output Power – 9W

2.2.4.5 Operating Temperature Range ‐ 140F to 1040F (‐100C to 400C)

2.2.4.6 Battery – 600mAh LiPo 2S

 

 

No Privacy Issues 

 

Red Dog Aerial’s proposed operations will create no privacy issues because the Phantom and 

Inspire UAS’s will be operating in rural areas within the boundaries of the properties with the land 

owner’s permission. 

Red Dog Aerial will also obtain any permits or authorizations from local authorities when 

necessary. 
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Glossary of abbreviations

 

AGL Above Ground Level 

ALoS Acceptable Level of Safety 

AMOC Alternative Method of Compliance 

ASI Aviation Safety Inspector 

ATC Air Traffic Control 

ATCAA Air Traffic Control Assigned Airspace 

ATS Air Traffic Service 

AVS Aviation Safety 

CFR Code of Federal Regulations 

COA Certificate of Waiver or Authorization 

CRM Crew Resource Management 

CS Control Station 

CRS Certified Repair Station 

DCP Divert/Contingency Point 

DHS Department of Homeland Security 

DME Distance Measuring Equipment 

DOD Department of Defense 

DSA Detect, Sense, and Avoid System 

FAA Federal Aviation Administration 

FCC Federal Communications Commission 

FARs Federal Aviation Regulations 

FIR Flight Information Region 

FL Flight Level 

FSIMS Flight Standards Information Management System 

FTP Flight Termination Point 

FTS Flight Termination System 

Red Dog Aerial Red Dog Aerial Video Partners LLC 

GHz Gigahertz 

GCS Ground Control Station 

MHz Megahertz 

MTOW Maximum Takeoff Weight 

NAS National Airspace System 

NM Nautical Mile 

NOTAM Notice To Airman 

OPA Optionally Piloted Aircraft 

PIC Pilot in Command 

Phantom Phantom Unmanned Aircraft System 

Phantom Phantom Unmanned Aircraft 

R&D Research and Development 

RF Radio Frequency 
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RM Risk Management 

RNAV Area Navigation 

RTB Return to Base 

RVSM Reduced Vertical Separation Minimum 

TAS Traffic Advisory Systems 

TC Type Certificate 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System(s) 

UAV Unmanned Aerial Vehicle 

VFR Visual Flight Rules 

VMC Visual Meteorological Conditions 

VO Visual Observer