UASolutions Group, Inc.

2518 Auburn Drive, Cocoa FL 32926

Tel: (321) 261-2547

Kellyneubecker@uasolutionsgroup.com

July 14, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590 

Re: Summary Grant Petition for an Exemption to Conduct Small Unmanned Aircraft 

Systems (sUAS) Operations Allowed by Section 333 of the Federal Aviation Administration 

Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary

On behalf of our clients, HighCastle Systems, LLC. and pursuant to Section 333 of the 

Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”), 

Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, HighCastle Systems, LLC. 

(“HighCastle”), (hereafter known as the “Petitioner”), an operator of Small Unmanned Aircraft 

Systems (“sUAS”) equipped to conduct full service photography and videography seeks exemption 

from the following listed Code of Federal Regulations (“CFR”) to allow commercial operation of 

the DJI Phantom 3 Professional (Phantom 3) within the National Airspace System (NAS) for 

controlled, low-risk, aerial video and photography of Real Estate Properties (for homeowners, 

realtors, home builders, home contractors and / or home inspectors for real estate marketing and

inspection of home exteriors) as well as filming of special events, film sets over certain areas of

the United States, conducted within and under the conditions outlined herein, or as may be 

established by the FAA, as required by Section 333 requirements. 

As described more fully below, the requested exemption would permit the operation of 

the Phantom 3 sUAS by Petitioner under controlled conditions in predetermined airspace that is

1) Limited in scope 2) Controlled as to access by mission essential personnel only and 
2

3) Provides improved safety controls and efficiency to the construction management and 

inspection industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities to “...establish requirements for the safe operation of such aircraft systems in the 

national airspace system” as stated within Section 333(c) of the FMRA. In making this 

determination, the Secretary is required to determine which types of sUAS do not create a hazard 

to users of the NAS or the public or pose a threat to national security in light of the aircraft’s 

size, weight, speed and operational capability; Operation of the sUAS in close proximity to 

airports and population centers; Operation of a sUAS within visual line of sight of the operator.

Grant of the requested exemption is in the public interest based upon the concise 

direction expressed within section 333 of the reform act; the added authority granted by the Act, 

as amended; an equivalent level of safety regarding flight operations as expressed herein, and 

significant cost savings achieved by transitioning from traditional manned aerial resources to 

sUASs. The petitioner respectfully requests that the FAA grant the requested exemption without 

delay. Petitioner will operate the Phantom 3 sUAS while keeping the documents required by the

regulations at the ground control station and immediately accessible to the Pilot in Command

(PIC) and by modification of the required markings (registration number) of the sUAS to be 

displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

HighCastle Systems, LLC

The primary contact for this petition, with a copy to me at the address above is:

Kelley Taylor Maibaum

3830 Connors Cove

Melbourne, FL 32934

B. Regulations – Exemptions Requested

a. 14 C.F.R. 45.27(a), 

b. 14 C.F.R. 61.113(a) and (b), 

c. 14 C.F.R. 91.7(a), 

d. 14 C.F.R. 91.105, 

e. 14 C.F.R. 91.119(c)

f. 14 C.F.R. 91.121, 

g. 14 C.F.R. 91.151(b), 

h. 14 C.F.R. 91.405(a), 
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i. 14 C.F.R. 91.407(a)(1), 

j. 14 C.F.R. 91.409(a)(1) and (2), and 

k. 14 C.F.R. 91.417(a) and (b). 

C. Corporate Background

HighCastle is an imaging service company, located in Melbourne Florida with the 

operational infrastructure to provide precision aerial video and photography of Real Estate 

Properties (for homeowners, realtors, home builders, home contractors and / or home inspectors 

for real estate marketing and inspection of home exteriors) as well as filming of special events, in 

different geographical locations throughout the Unites States in a safe, convenient, and legal 

manner. 

Highcastle’s sUAS for the purposes of this petition is the DJI Phantom 3 Professional. 

The Phantom 3 is comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) 

and a transportable Ground Control Station (GCS). The Phantom 3 UA has a maximum gross 

weight of approximately 2.8 pounds, while having a diagonal distance (motor to motor) of

approximately 24 inches, and maximum speed of 36 mph (approximately 31 knots). The 

Phantom 3 is equipped with four propellers, each being driven by a Lithium Polymer battery 

powered electric motor. 

Highcastle will operate only within visual line of sight (VLOS) and during daylight hours 

in Visual Flight Rules (VFR) conditions. Additionally, Highcastle will operate only within the 

parameters defined in the blanket Certificate of Authorization (COA) issued by the FAA under 

the new interim policy. In the event any Highcastle operation exceeds the 200-foot limitation 

imposed by the policy, a separate COA specific to the airspace required for that operation will be 

obtained prior to flight operations. Such requirements will insure that the sUAS will “not create 

a hazard to users of the national airspace system or the “public” as stated in Section 333 of the 

FMRA. 

D. Airworthiness 

A critical element of consideration for grant of the petition is evidence of an equivalent 

level of safety for airworthiness of the sUAS. The FAA has been authorized to exempt aircraft 

from the requirement for an actual airworthiness certificate in accordance with the statutory 

criteria provided in Section 333 of PL 112-95 in reference to 49 USC 44704, in consideration of 

the size, weight, speed, and limited operating area associated with the aircraft and its operation. , 

Also, in accordance with FAA N 8900.291, Petitioner has an established inspection and 
4

maintenance program for the continued airworthiness of the aircraft in accordance with the 

manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for 

the aircraft and aircraft components.

In support of these characteristics, HighCastle submits the following documents and 

manuals as attachments to this exemption request. 

 Phantom 3 Professional Quick Start Guide http://www.dji.com/product/phantom3/download (Manual can be downloaded from this link. Manual size exceeds limit 

for upload to Regulations.gov)

 Phantom 3 Professional Manufacturer’s User Manual

http://www.dji.com/product/phantom-3/download (Manual can be downloaded from 

this link. Manual size exceeds limit for upload to Regulations.gov)

 Intelligent Flight Battery Safety Guidelines

 Phantom 3 Professional in the Box

 Phantom 3 Safety Guidlines

Highcastle’s standard operating procedures are detailed within the Flight Operation Limitations 

and Safety section on page 9. 

E. DJI Phantom 3 Professional Operational Capabilities

Petitioner seeks an exemption to operate the Phantom 3 for limited approved 

commercial purposes within the NAS1. The Phantom 3 is a multi-rotor sUAS aircraft

comprised of a VTOL UA and a transportable GCS. The Phantom 3 UA has a maximum gross 

weight of approximately 2.8 pounds, while having a diagonal distance (motor to motor) of 

approximately 24 inches, and maximum speed of 36 mph (approximately 31 knots). The 

Phantom 3 is equipped with four propellers, each being driven by a Lithium Polymer battery 

powered electric motor. The Phantom 3 does not carry any flammable propellant or fuel. The 

sUAS 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. Additionally, as acknowledged 

by the FAA in its prior grant of exemption to Douglas Trudeau, the DJI Phantom 3, "Has the 

capability to operate safely after experiencing certain in-flight contingencies or failures and 

 

1 Highcastle will submit Aircraft Registration Applications as required, upon the grant of the 

exemptions sought by this petition.
5

uses an auto-pilot system to maintain UAS stability and control. The UAS is also able to 

respond to a loss of GPS or a lost- link event with pre-coordinated automated flight 

maneuvers." 

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

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: +/- 10cm

• Horizontal: +/- 1m

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

GIMBAL

Controllable Range Pitch -90° to +30°

Stabilization 3-axis (pitch, roll, yaw)

REMOTE CONTROLLER

Operating Frequency 2.400 GHz-2.483 GHz

Max Distance 2000m (outdoors and unobstructed)

Video Output Port USB

Operating Temperature 0°C- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder For tablet or phone
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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

INTELLIGENT FLIGHT BATTERY

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

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

F. Regulatory Basis for Petition

Petitioner, pursuant to 14 C.F.R. §§ 11.61(b), 11.81, 2and the FAA Modernization and

Reform Act of 2012 (“FMRA”), Section 333, Special Rules for Certain Unmanned Aircraft

Systems (“Section 333”), hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§, 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 

91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b).

 

2

14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief from 

current regulations in 14 C.F.R.”), 14 C.F.R. § 11.81 (“What information must I include in my 

petition for an exemption”)?
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1. Section 333 

Congress identifies Section 333 of the FMRA, as a pathway for “expedited operational 

authorization” of certain sUAS in the NAS. Section 333 (b)(1) (“expedited operational 

authorization.”).

3

 Under Section 333 Congress mandates that the FAA “shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before completion 

of the plan and rulemaking required by Section 332 of this Act or the guidance required by 

section 334 of this Act” (Section 333(a)) upon consideration of its “size, weight, speed, operational 

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

Section 333(b)(1). If the FAA makes such a determination, the FAA “shall [also] establish 

requirements for the safe operation.” Section 333(c). The FAA further may find that the sUAS does 

not require “airworthiness certification under section 44704 of title 49, United States Code.” Section 

333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and 

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds 

the exemption is in the public interest.” Section 44701(f)4(authorizing the grant of 

exemptions from safety regulations and minimum standards under Section 44701(a) and (b) and 

Sections 44702-44716).5

For the reasons addressed herein, this Petition qualifies for expedited approval of 

Petitioner’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701.

G. DJI Phantom 3 Statutory Criteria for Exemption under Section 333

Given its small size, light weight, slow speed, limited load capacity, superior 

operational capabilities, and that the operations will be conducted only during the day, under 

visual meteorological conditions (“VMC”), within VLOS of the PIC, with the assistance of a 

 

3 See also www.faa.gov/sUAS/legislative_programs/section_333/ (noting that Section 333 grants 

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft 

systems in the NAS.”).

4 Under 49 U.S.C. § 44701(f), the “Administrator may grant an exemption from a requirement

of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of [Title 49] if the Administrator finds the exemption is in the public interest.”

5 See e.g. 49 USC §44711(a)(1) prohibiting operations without airworthiness certificate; (2) 

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in 

violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R. §91.203

(a)(1) (carry airworthiness certificate)).
8

visual safety observer (“VO”), and confined within the boundaries of a consenting landowner’s 

property and not in the proximity of airports or populated areas, the Phantom 3 is the very 

category of sUAS that qualifies for expedited approval under Section 333.

1. Proximity to Airports/Population Centers or Areas

Flight operations pursuant to this Petition will be tightly controlled and restricted to

low risk areas and in accordance with the blanket 200-foot COA requirements at an altitude of no 

more than 200 feet above ground level (AGL). In the event a Highcastle operation is required to 

exceed the 200-foot limitation imposed by the policy, a separate COA specific to the airspace 

required for that operation will be obtained prior to operations at an altitude of no more than 400 

feet AGL. All altitudes reported to ATC will be in AGL when required and any operations 

conducted within 5 nautical miles (NM) of the geographic center of a non-towered airport will 

obtain a Letter of Agreement with the appropriate airport management and made available to 

FAA upon request. In addition, access to any property will be limited to persons associated with 

and necessary to flight operations.

2. Visual Line-of-Sight

The minimum crew for each operation will consist of a PIC and VO. The VO will be 

used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always 

maintain VLOS with the sUAS. The Phantom 3 will at all times be flown by Petitioner only in 

the daytime (not at night) under VMC, within VLOS of the PIC, with the further assistance of 

the VO with whom the PIC will have the ability for direct and continuous two-way verbal 

communications

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so as to ensure that the flight operations remain within the PIC’s VLOS and 

prescribed flight boundaries and de-conflict with objects in the air and on the ground. Thus, 

pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the proposed operations 

will provide an approved method of control and collision avoidance to satisfy the “see and 

avoid” requirement of 14 C.F.R. § 91.113:

Only qualified and current PIC’s and VOs, as provided in the SOP will be used.

3. Other Factors

a. Phantom 3 Safety Systems 

 

6

[PIC and VO are within speaking distance and all communications between PIC and VO will be 

without communications equipment]
9

Petitioner proposes that requirements should take into account the characteristics of this

particular sUAS. The Phantom 3 is characterized by a high degree of pre-programmed control, 

various built-in technical capabilities that limit the potential for operation outside of the 

operating conditions as set forth below, and many built-in functional, safety and redundancy 

features to ensure a safe and reliable operation. At a minimum: geo-fencing at a maximum 

ceiling of 200’or 400' AGL, flight programming capabilities, a flight termination link available to 

the operator to prevent a "fly away," and safe abort procedures. If the Phantom 3 loses 

communications or its GPS signal, it will return to a pre-determined location and land or be 

recovered in accordance with the User’s Manual. The Phantom 3 will have markings identifying 

the serial number and identification (N-number) markings as large as practicable. Further, 

Highcastle operations will comply with all manufacturer Safety Bulletins. 

b. Safety Management System

A Safety Management System (SMS) approach will regulate Petitioner’s operation of 

the Phantom 3 and will significantly contribute to maintaining the level of safety contemplated 

by the airworthiness certificate requirements from which Petitioner now seeks relief.

Pursuant to the SMS and 14 C.F.R. § 43.13, entitled Performance Rules (general), each 

person performing maintenance, alteration, or preventive maintenance on the Phantom 3,

motor, propeller, or appliance shall use the methods, techniques, and practices prescribed in the

current manufacturer's User’s Manual or Instructions for Continued Airworthiness prepared by 

its manufacturer, or other methods, techniques, and practices acceptable to the Administrator.

Each person shall use the tools and equipment necessary to assure completion of the work in

accordance with accepted industry practices.

c. Flight Operation Limitations and Safety

In seeking this exemption, Petitioner proposes to operate the Phantom 3 pursuant to the

following specific operating limitations: 

1. The Phantom 3 weighs less than 3 pounds, fully loaded.

2. The Phantom 3 shall only be operated at or below 200 ft AGL, unless a separate 

COA specific to the airspace required for that operation is obtained prior to 

operations at an altitude of no more than 400 feet AGL.

3. The Phantom 3 shall be operated within VLOS of the PIC and safety VO.

4. The radio frequencies used for operations and control of the UAS (2.4GHz) will 

comply with the Federal Communications Commission ("FCC") or other 
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appropriate government oversight agency requirements.

5. The Phantom 3 shall be operated pursuant to Day Visual Flight Rules (VFR) in

visual meteorological conditions (VMC). The Phantom 3 shall be operated only

during daylight hours (i.e. between the end of morning civil twilight and the

beginning of evening civil twilight, as published in the American Air Almanac,

converted to local time).

6. The Phantom 3 shall operate from on-site takeoff/landing locations directly next to

the PIC and co-located VO. The PIC and the VO shall be able to verbally 

communicate during all operations. 

7. Operations shall be conducted by certificated airmen who possess either a 

commercial, private, recreational, or sport pilot certificate.

8. The PIC will be a FAA licensed airman and will hold a current airman medical 

certificate or valid U.S. driver’s license issued by a state, the District of Colombia, 

Puerto Rico, a territory, a possession, or the Federal government. The PIC will also 

meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate. 

9. The PIC shall have successfully completed the training and qualification processin 

accordance with Phantom Pilot Training Guide. PIC qualification flight hours and 

currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training 

operations will only be conducted during dedicated training sessions. 

10. A minimum of three take-offs and three landings in the preceding 90 days will 

be required by the PIC to maintain currency, such log of which shall be made 

available to the Administrator upon request.

11. All operations will utilize a VO. The UA will be operated within the VLOS of the

PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as 

long as the PIC always maintains VLOS capability. The VO and PIC will be able

to communicate verbally at all times; electronic messaging or texting is not 

permitted during flight operations. The PIC will be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC will 

ensure that the VO can perform the duties required of the VO.

12. The UA will be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 
11

device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate or U.S. driver’s license.

13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC 

qualifications, is also present during flight operations, that person can also be 

designated as PIC and will follow the procedures as defined within the SOP to 

assume control.

14. A briefing will be conducted in regard to the planned operations prior to each 

flight as detailed within the SOP. It will be mandatory that all personnel who are 

performing duties within the boundaries of the flight operations safety perimeter 

be present for the briefing.

15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to 

conducting any actual flight operations. Highcastle will only operate within the 

guidelines of the blanket 200-foot COA under the FAA’s interim policy. For 

flights above 200 feet AGL, Highcastle will operate in a confined geographic 

area as defined by a separate ATO issued COA.

16. At least three (3) days before scheduled operations, operator shall submit a written 

Plan of Activities to the local Flight Standards District Office (FSDO) with 

jurisdiction over the area of proposed operations, such submission of which may 

be waived with the concurrence of the FSDO. If required by the FSDO to be 

submitted, the Plan of Activities shall include: dates and times for all flights; 

operator’s and on-scene flight operator’s name and phone number; sUAS make, 

model and serial or N-number; PIC’s name and certificate number; statement that 

the operator has obtained permission from property owners and/or local officials to 

conduct the operations (such list of those who gave permission to be made 

available upon request); description of the planned flight activity, including, as 

applicable, maps or diagrams of the area, city, town, county and/or state over 

which the operation will be conducted, and the altitudes essential to accomplish 

the operation; signature of the exemption holder or representative. 

17. Petitioner will file a NOTAM for each flight no more than 72 hours but no less 

than 48 hours prior to each flight with the appropriate FSDO.

18. Any operations that will be conducted within 5 nautical miles (NM) of the 

geographic center of a non-towered airport will obtain a Letter of Agreement 
12

with the appropriate airport management and made available to FAA upon 

request.

19. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed 

flight a communication with the nearest local Air Traffic Control facility 

indicating location, altitude and duration of the proposed flight.

20. 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 at least 12 hours in advance of any flight 

operation.

21. The Phantom 3 shall be marked with an identification (N-Number) in accordance 

with 14 C.F.R. § 45.23, such markings to be as large as practicable pursuant to 14 

C.F.R. § 45.29(f), and identified by a serial number registered in accordance with 

14 C.F.R. Part 47.

22. All flights will remain clear and yield the right of way to all other manned 

operations and activities at all times, including, but not limited to: ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.

23. Flights will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

24. The Phantom 3 shall be operated at an airspeed not to exceed 31 knots.

25. Any time the Phantom 3 is operating, all documents required under 14 C.F.R. § 

91.9 and § 91.203 shall be available to the PIC at the GCS. Such documents 

shall be made available to the Administrator or any law enforcement official 

upon request. 

26. The Phantom 3 shall not be operated directly over any person, except authorized 

and consenting personnel required for flight/imaging operations, 

27. Prior to performing any flight operations, a pre-flight checklist will be used by a

qualified PIC as provided in a separate attachment. Documentation of such preflight check shall be made in the aircraft records and such records shall be made 

available to the Administrator upon request.

28. The radio frequency spectrum used for operation and control of the Phantom 3

shall comply with the requirements of Phantom 3 manuals and the SOP. The 
13

Phantom 3 shall at all times be operated to ensure a safe distance away from all 

participating and non-participating personnel, at least 500 feet away from persons 

not involved in the flight operations (non-participating persons) unless: 

 Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons.

 The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a 

safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard.

29. The flight will be terminated at 20% battery power reserve or 3 minutes, whichever 

occurs first.

30. Prior to each flight, the PIC shall inspect the Phantom 3, including any 

inoperable components, items or equipment, to ensure it is in an airworthy

condition for safe flight. If the inspection reveals a condition that affects flight 

readiness or safe operations, the Phantom 3 shall not be operated until the 

necessary maintenance has been performed and it is found to be in a condition 

for safe flight. Any discrepancies and all maintenance or alterations shall be 

documented in the aircraft records, such records to be made available to the 

Administrator upon request.

31. Except as may be designated otherwise for Fail-Safe operations, the Phantom 3

shall take off and land at a location within the boundaries of the subject property

next to the PIC.

32. Upon loss of communication or GPS signal, the Phantom 3 shall return to a 

predetermined location within the boundaries of the landowner’s property and 

land or be recovered in accordance with the User’s Manual. 

33. In the event of an emergency or unanticipated obstacle to planned operations, 

the operation shall be aborted and the Phantom 3, if airborne, shall return to a 

predetermined location.
14

34. The Phantom 3 shall be maintained in accordance with the manufacturer’s

maintenance, overhaul, replacement, inspection, and life limit requirements for 

the aircraft and aircraft components and in accordance with FAA N 8900.291. 

35. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

36. Any incident, accident or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall be 

reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall 

also be reported to the National Transportation Safety Board (NTSB). Further 

flight operations shall not be conducted until the incident, accident or 

transgression is reviewed by the UAS Integration Office and authorization to 

resume operations is provided.

d. Privacy 

All Highcastle sUAS operations will be conducted in accordance with applicable 

Federal, State, and local laws regarding privacy. All operations shall be conducted over 

private or controlled-access property with permission from the land/building 

owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted. 

e. Physical Security

In order to ensure its safe and proper use, Petitioner will be the only operator of the 

Phantom 3 and the Phantom 3 will at all times remain in Petitioner’s custody.

4. .Lack of Threat to the NAS, Public, or National Security 

For the reasons previously addressed, including meeting Section 333(b)(1) criteria, 

Petitioner’s record of safety and the small size of the sUAS involved and the controlled sterile 

area within which they will operate, Petitioner falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of sUASs to commence immediately. Petitioner will operate the 

Phantom 3 in accordance with the aforementioned flight limitations without creating a hazard to

other aircraft or persons or property on the ground. The fact that each PIC will be required to be 

screened by the Department of Homeland Security, approval of the petition presents no threat to national 
15

security. Further, given its small size and limit load capacity, the Phantom 3 sUAS is incapable 

of carrying any substantial external load, including explosive materials or flammable liquids. 

For all of these reasons, Petitioner’s proposed operations using the Phantom 3 qualify for 

expedited approval of the sought exemption pursuant to Section 333 for the specified uses and 

under the proposed operating requirements and restrictions.

H. Public Interest Benefits 

Granting Petitioner’s request for exemption would benefit the public and have no 

adverse effect on safety for the following reasons. 

1. Public Interest Generally

The grant of the requested exemption is in the public interest based on the clear direction 

in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of safety of the

proposed operations, the significant public benefit, and cost savings to be realized as a result of 

the use of sUAS for precision aerial imaging and survey services. Moreover, the FAA has 

granted similar exemptions for sUAS used to conduct high resolution precision aerial imaging 

and survey operations.7 The Phantom 3 is a battery powered sUAS that serves as a safer, more 

efficient, and economical alternative to larger and heavier manned aircraft carrying flammable 

liquid fuels, traditionally use for aerial photography or aerial surveying. This will provide for an 

added superior level of safety to persons and property in the air and on the ground than that 

provided by manned aircraft performing the same operations. No pilot or crew need be airborne

and granting the exemption would also decrease the number of manned aircraft in the NAS and, 

as a result, reduce congestion as well as the environmental impact of such operations. Using the 

Phantom 3 also provides the benefit of greater operational flexibility and reduced cost when 

compared to manned aircraft.

a. Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the Phantom 3 is unmanned, the proposed operations eliminate the risk to pilot and 

crew associated with flying such aerial-surveying missions in confined airspace at low altitude. 

Further, given its small size and weight and low airspeed, using the Phantom 3 also reduces the risk 

of damage or injury to persons or property on the ground, and in the air, were there to be an 

unforeseen mishap. 

 

7 HIGHCASTLE requests that the FAA not solicit public comment on its petition because it

would not set any new precedent and because the relief requested is identical to exemptions

granted previously. 14 C.F.R. § 11.87.
16

b. Reduced Environmental Impact

Using the Phantom 3 sUAS instead of manned aircraft also benefits the public by 

eliminating or greatly reducing air and noise pollution associated with traditional aerial imaging 

operations. Because it is battery powered and uses electric motors, the Phantom 3 sUAS

consumes no fuel, generates no air pollution, and creates very little noise. As a result, the public is 

benefited as a result of reduced environmental impact, reduced operator and other human 

exposure, and greater fuel conservation, which serves additionally to support our Government’s 

specific efforts to reduce the U.S.’s carbon footprint.8

c. Fewer Manned Aircraft in the NAS and Reduced Need for ATC Handling

The Phantom 3 also does not require a runway or helipad to takeoff or land and will not 

be operated within the close proximity of any airports without prior FAA approval. As such, 

fewer aircraft will need to be handled by air traffic control during ground, takeoff, departure,

arrival, and landing phases. Operations pursuant to this Petition will further reduce the number 

of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of imaging 

operations as well as congestion around airports due to aircraft arrival and departure.

d. Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble Phantom 3 than can be 

obtained using manned aircraft or other ground-based methods. Due to its small size and superior 

flight performance characteristics, the Phantom 3 allows for images to be taken from certain locations 

and angles and with better precision than using manned aircraft. As a result, less time is needed in 

the air to obtain the desired footage, which in addition to providing the benefit of fewer aircraft in the 

NAS and associated reduced risk to objects and persons and property in the air and on the ground, 

reduced noise, etc., allows for the production of surveys, which benefits consumers. This 

additionally ensures that companies such as Highcastle and its customers remain competitive and

profitable, thereby providing their employees greater job stability, which ultimately contributes

further to the U.S. economy through increased consumer spending. 

e. Increased Operational Flexibility and Reduced Cost

Using the Phantom 3 also provides the benefit of greater operational flexibility and reduced 

cost when compared to manned aircraft. Instead of each time having to hire a manned aircraft at 

thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner can operate 

 

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 
17

the Phantom 3, which it has purchased and outfitted at lower combined cost, innumerable times and 

at the convenience of Petitioner’s and its customer’s schedules.

2. No Adverse Safety Effects

Granting this Petition will also not adversely affect aviation safety or pose any undue 

risks to the public. The operations pursuant to this Petition will be in accordance with 

Petitioner’s internal SOP, including approved processes and checklists and in compliance with

all applicable FAA safety policies and guidance. Accordingly, and as detailed herein, 

granting the requested exemption would not adversely affect safety. Indeed, as detailed below, 

operations pursuant to the limitations and guidelines addressed herein and the safety 

procedures, Petitioner will provide an equivalent level of safety to those regulations from 

which Petitioner seeks exemption. The FAA has also recently set precedence by granting 

exemptions with similar aerial photography, imaging, and surveying parameters in all material 

respects, to those presented herein. For these reasons, Highcastle’s operations pursuant to this 

Petition also qualify for an exemption. 

I. Exemptions Sought By Petitioner and Reasons for the Requested Relief

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14 

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1) and (2), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 45.27(a). Location of marks; non fixed-wing aircraft.

Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states 

(emphasis added):

(a) Rotorcraft. 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.

To the extent subsection 45.27(a) may be deemed to apply to the Phantom 3 sUAS, 

Petitioner seeks an exemption from the subsection (i.e., that the marks be displayed on both 

surfaces of the cabin, fuselage, boom, or tail) because the Phantom 3 sUAS is of insufficient size 

to accommodate any such marking. Thus marking the Phantom 3 sUAS as required by this 

subsection would not be possible.

An equivalent level of safety can be provided instead by marking the Phantom 3 sUAS, 

as may be applicable, with lettering as large as practicable (14 C.F.R. § 45.29(f)) on its largest 

available surface so as to permit such marking to be displayed to pilot, crew, and others.
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2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in 

command.

Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled

Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) state 

(emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, 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; nor may that person, 

for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an 

aircraft in connection with any business or employment if:

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

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

hire.

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting 

commercial operations. Petitioner seeks exemption from the subsections because the Phantom 3

will not carry a pilot, passengers or property (other than a camera). As addressed, the Phantom 3

is a very light, remotely controlled sUAS with no persons or property on board. Each flight is 

planned and fully coordinated in advance in accordance with those procedures provided in the

SOP. Thus the risk associated with the proposed operations is so diminished from that

associated with commercial operations contemplated by Part 61, that allowing a PI C having a 

private pilot certificate, rather than a commercial certificate, met the minimum flight hour and 

qualification criteria, and operating according to the limitations and guidelines provided herein,

provides a level of safety that exceeds that provided by a pilot having a commercial certificate

operating a conventional aircraft as required under the regulations.

The FAA has already set precedence by previously granted exemptions in circumstances

similar, in all material respects, to those presented herein. 

3. Section 91.7(a). Civil Aircraft Airworthiness.

Either finding that Petitioner meets the Section 333 criteria or exemption from the 

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) 

inapplicable. 
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Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis added):

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

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, the Safety Procedures contained within the 

SOP, and the Maintenance Manual, for maintaining the aircraft and checking it before each 

flight to ensure that it is in peak operational condition, an equivalent level of safety will be

provided.

4. Section 91.105. Flight crewmembers at stations.

Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight 

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight 

crewmember shall—

(1) Be at the crewmember station unless the absence is necessary to 

perform duties in connection with the operation of the aircraft or in 

connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, 

during takeoff and landing, keep his or her shoulder harness fastened while at his 

or her assigned duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder 

harness; or,

(2) The crewmember would be unable to perform required duties with the 

shoulder harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and 

harnessed during flight. Petitioner seeks exemption from the Section 91.105 because the 

Phantom 3 sUAS is by definition an unmanned aircraft, having neither pilot nor crew so as to be 

stationed or harnessed as required by the regulation. An equivalent or even higher level of safety

can be provided instead by using an unmanned aircraft controlled by a PIC who at all times is 

located at and controls the Phantom 3 from the GCS. 

5. Section 91.119(c). Minimum safe altitudes.

Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum 
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safe altitudes: General, subsection (d) states (emphasis added):

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this 

Petition, the Phantom 3 sUAS will at times be operated either at or below 200 or 400 feet AGL.

An equivalent or even higher level of safety can be provided instead by, as provided 

herein, operating so as to de-conflict with manned vehicles operating above 500 feet AGL, within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de-confliction 

with any persons or property in the air and on the ground, including participating and nonparticipating personnel, 100 feet and 500 feet, respectively, away from who the UA would 

generally be restricted. Further the Phantom 3 sUAS flight operations will be monitored at all 

times by both the PIC and VO and will be in compliance with local public safety requirements,

so as to prevent access to the restricted areas of operation. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein.

6. Section 91.121. Altimeter settings.

Petitioner seeks an exemption from 14 C.F.R. 91.121. Section 91.121, entitled Altimeter 

settings, requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” Petitioner seeks exemption from Section 91.121 because the 

Phantom 3 sUAS does not use or have on board a typical barometric altimeter as contemplated 

by the regulation. 

Note: An equivalent level of safety will be provided instead, by operating the sUAS at 

or below 400 feet AGL, within the VLOS of the PIC (with the assistance of a VO), with altitude 

information downlinked from the Phantom 3 to the PIC to maintain altitude and ensure safety. 

Prior to each flight, a zero altitude/AGL will be established at the launch site, as confirmed for 
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accuracy by the PIC. 

7. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions, states (emphasis added):

(b) No person may begin a flight in a rotorcraft 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, to fly 

after that for at least 20 minutes.

The Phantom 3 is an unmanned aircraft, and thus would not begin a flight with a person 

in it as the regulation contemplates. To the extent the regulation applies to the Phantom 3, the

Phantom 3 has a maximum flight duration of 15 minutes, depending upon atmospheric 

conditions and type of camera or sensor. 

An equivalent level of safety can be achieved by terminating the flight at 20% battery 

power reserve or 3 minutes whichever occurs first, as provided in the SOP. Given that the

Phantom 3 will be operated within the VLOS of the PIC, within the confines of the particular 

landowner’s property with prior written consent of the landowner and participating and nonparticipating personnel, this restriction would provide more than enough battery reserve to 

accommodate a safe return to the landing zone from anywhere in the operating area with no 

adverse effect on the safety of persons and property in the air or on the ground. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein. 

8. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance 

inspections and recording.

Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

(a) 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;

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, states:
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(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under 

§ 43.7 of this chapter;

Section 91.409 (a)(2), entitled Inspections, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by § 43.7

of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted 

for any inspection required by this paragraph unless it is performed by a person 

authorized to perform annual inspections and is entered as an “annual” inspection 

in the required maintenance records.

Section 91.417(a) and (b), entitled Maintenance records, state:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:
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(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and 

Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and 
24

that any work on the aircraft be recorded and such records maintained. 

Petitioner seeks an exemption because, as addressed, the Phantom 3 sUAS will operate 

pursuant to this Petition without airworthiness certification. An equivalent level of safety can be 

provided instead by requiring, as provided herein, that inspections and maintenance be 

accomplished according to the inspection, maintenance, and preflight sections of the 

Maintenance Manual and SOP, and IAW the manufacturer’s guidance in the Phantom 3 User’s 

Manual. Among other things, the Phantom 3 will be inspected prior to each flight to confirm 

that it is in good working order. Any maintenance or repairs will be perform and logged, and, 

upon any work being performed on the Phantom 3, it will be checked and approved for flight by 

personnel before being returned to service. 

The FAA has already set precedence by previously granted exemptions in circumstances 

similar, in all material respects, to those presented herein. 

J. Conclusion

As set forth in the document above, the following summary is provided for publication 

in the Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit 

safe operation of the Phantom 3 sUAS commercially, for the purposes of controlled, low-risk, 

aerial video and photography of Real Estate Properties (for homeowners, realtors, home 

builders, home contractors and / or home inspectors for real estate marketing and inspection of 

home exteriors) as well as filming of special events, film sets. By granting this Petition, the 

FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA 

Modernization and Reform Act of 2012 to expedite approval of operations of certain sUAS in 

the NAS, while also advancing the interests of the public.

WHEREFORE, in accordance with the Title 49 of the United States Code, the Code of 

Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333, 

Petitioner respectfully requests that the Administrator grant this Petition for an exemption from 

the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).
25

cc: Kelley Taylor Maibaum

 Carson David Geber