U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590-0001

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012, 49 U.S.C. § 44701 (f), and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam,

My name is Bradley Russell and I am representing Michael G. Domokur of Domokur Architects

for the submission of the Petition for Section 333 Exemption on his behalf under Section 333 of 

the FAA Modernization and Reform Act of 2012 (“FMRA”).

Applicant Information:

The primary contact for this application is:

Michael G. Domokur

4651 Medina Road

Akron, Ohio 44321

330.666.7878

Domokur Architects is a professional consulting firm based in Akron, Ohio specializing in planning 

and design for institutions of higher education, government agencies, healthcare providers, 

corporate organizations, camps and community service groups. The firm consists of a multidisciplinary staff of architects, interior designers, landscape architects, planners, 

project/construction administrators and cost estimators. The firm was originally formed under the 

State laws of Ohio in 1975 under the name Peterson/Raeder Architects. Michael Domokur was 

first employed there in 1979, became a partner in the firm in 1989 and acquired full ownership of 

the firm in 2005. The name Domokur Architects was officially adopted in 2008, as Michael 

Domokur maintains sole ownership of the company to this day.

Pursuant to Section 333 of the FMRA, Domokur Architects hereby requests a determination by 

the Secretary of Transportation authorizing commercial operations of a small Unmanned Aerial 

System (sUAS) for the purposes of aerial photography & videography, mapping, aerial 

inspections, data collection, commercial videos and other work related to aerial photography in 

the National Airspace System (NAS). Flight operations will utilize the off-the-shelf “DJI Phantom 

3 Advanced” unmanned aircraft. Conduct of sUAS operations will be with respect to FMRA 

Section 333(c) and the sUAS “Blanket COA”.
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Exemption is necessary to effect the determination requested pursuant to FMRA Section 333. 

The attached documentation includes detailed exemption requests that demonstrate how these 

exemptions are in the public interest and will maintain at least an equal level of safety to existing 

regulations. Authorizing Domokur Architects to conduct commercial sUAS operations will result in 

less disruptive, safer, and more cost effective solutions than manned aviation equivalents due to 

the low altitude environment given the size, speed and inherent risk of traditional commercial 

fixed wing aerial photography/survey operations. Domokur Architects will conduct the commercial 

sUAS operation in a manner that will meet, and in many cases exceed, the current level of safety 

of commercial fixed wing operations. 

sUAS that are less than 10 lbs. have a low noise signature and carry no volatile fuel. The low 

expense of operation compared to cost prohibitive manned aviation alternatives allow a greater 

economic benefit to businesses. For these reasons, granting an exemption under FMRA Section 

333 (c) is in the public interest. sUAS technology used for these commercial purposes benefit the 

public interest in the following ways:

 Reduces the collateral damage risks to life and property associated with low altitude fixed wing 

operations 

 Increased economic wellbeing to local businesses via cost reductions.

 Reducing noise pollution in both populated and rural areas, as well as areas within the City, 

State, and National Park System

 
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Table of Contents

I. Exemptions Requested

II. Commercial Operation/Operator

III. Unmanned Aircraft System (UAS)

IV. UAS Pilot-in-Command (PIC)

V. Public Interest

VI. Summary

VII. List of Attachments
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I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), Domokur Architects requests exemption from the following 

regulations:

 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates

Establishes: The procedural requirements for the issuance of airworthiness

certificates as required by 14 C.F.R. § 91.203(a)(1)

Given the small size of the sUAS and the safeguards that will be taken as outlined below, an 

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

Part 11 and Section 333 of the FMRA with consideration “of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular sUAS.”

 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements

When marks include only the Roman capital letter "N" and the registration number is displayed 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 2 inches nor more than 6 inches high, the words "limited,"

"restricted," "light-sport, "experimental," or "provisional," as applicable.

Domokur Architects will ensure compliance with § 45.29 (f) to meet the intent of the regulation by 

displaying the registration number in the largest practicable lettering.

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii)– Private and Commercial Pilot Privilege and 

Limitations

14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) 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

14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a commercial 

pilot certificate may act as pilot in command of an aircraft – (ii) For compensation or hire, provided 

the person is qualified in accordance with this part and with the applicable parts of this chapter 

that apply to the operation.

sUAS operations will employ a PIC who holds a commercial fixed wing single engine land and 

Multi Engine Land rating, as well as a fixed wing CFI, CFII, and CFMEI, as well as a current first 

class FAA medical. The PIC will have direct knowledge of the NAS and operation within in 

accordance with the 14 C.F.R as well as the AIM, although the PIC does not hold a Rotorcraft 

Rating.

 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

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

The PIC will conduct daily pre and post flight inspections in accordance with the manufacturer’s 

maintenance manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air 

operations immediately upon identification of an in-flight emergency or other unsafe condition(s). 

By complying with procedures outlined by the manufacturer, an equivalent level of safety will be 

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

(b)(2) Prohibits operation of U.S.-registered civil aircraft 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.

By keeping all operating documents, manuals, authorizations and exemptions in a binder colocated with the sUAS, Domokur Architects will meet the intent of the regulations and therefore 

achieve an equivalent level of safety.

 14 C.F.R. 91.109(a) – Flight Instruction

No person may operate a civil aircraft (except a manned free balloon) that is being

used for flight instruction unless that aircraft has fully functioning dual controls.

The majority of sUAS by design are developed with single operational control through the use of 

pre-determined GPS enabled waypoints programmed before or during flight in addition to the use 

of a single hand held transmitter or control station controlled by the PIC. The design does not 

allow for dual controls during flight training and therefore the exemption is requested to train 

operators, build experience, and maintain proficiency. An equal level of safety will be achieved 

by conducting all training in sterile environments. Training sessions will be accomplished

separately from flights conducted for compensation or hire.

 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes

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

below the following altitudes: (b) Over any congested area of a city, town, or settlement, or over 

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. (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. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface— (1) A helicopter may be 

operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided 

each person operating the helicopter complies with any routes or altitudes specifically prescribed 

for helicopters by the FAA.

Commercial sUAS operations will be conducted at or below the maximum altitude authorized by 

COA. Given the size, weight and lack of fuel, combined with operation limitations listed below, 

the operation will be conducted with a greater level of safety than exists with current manned 

aviation operations.

 14 C.F.R. 91.121 – Altimeter Settings

Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, 

as the case may be, by reference to an altimeter that is set, when operating...

Domokur Architects’ sUAS is equipped with Global Positioning System (GPS), which provide 

altitude and geo-location data to the operator without utilizing an altimeter. Due to this fact, an 

exemption is required. GPS are precise within a few feet, and combined with fail-safes and a 

visual observer, the operation will meet an equivalent level of safety.

 14 C.F.R. 91.151(a) – Fuel Requirements for Flight in VFR Conditions
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No person may begin a flight in an airplane 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— (1) During the day, to fly after that for at least 30 minutes;

This regulation is written based on the capabilities of a traditional aircraft, which have flight times 

of several hours or greater; therefore, with the majority of sUAS which have flight times of only an 

hour or less, this regulation would effectively deny the ability of the air vehicle to operate.

The PIC will achieve an equivalent level of safety by complying with all manufacturer guidelines 

and the DJI low battery failsafe system.

 14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting Equipment and Use.

All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft 

in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is 

equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code 

capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S 

capability, replying to Mode 3/A interrogations with the code specified by ATC and intermode and 

Mode S interrogations in accordance with the applicable provisions specified in TSO C-112, and 

that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C 

capability that automatically replies to Mode C interrogations by transmitting pressure altitude 

information in 100-foot increments. This requirement applies—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 

of this part from the surface upward to 10,000 feet MSL

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally 

certificated with an engine-driven electrical system or which has not subsequently been certified 

with such a system installed, balloon or glider may conduct operations in the airspace within 30 

nautical miles of an airport listed in appendix D, section 1 of this part provided such operations 

are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for 

an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or 

Class C airspace area designated for an airport upward to 10,000 feet MSL; and

(5) All aircraft except any aircraft which was not originally certificated with an engine-driven 

electrical system or which has not subsequently been certified with such a system installed, 

balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 

10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and

(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile radius of 

any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 

feet outside of the lateral boundaries of the surface area of the airspace designated for 

that airport.

The sUAS to be used in the proposed operation does not come equipped with a transponder. No 

transponder exists for the sUAS, which can be installed. The petitioner requests relief from the 
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exemption to the extent required to operate in areas in which a transponder is required according 

the applicable regulations in this part.

The PIC will achieve an equivalent level of safety by complying with all provisions of the COA 

under which operations are to be conducted. By issuing appropriate NOTAMS and prior ATC 

coordination, an equivalent level of safety can be achieved as other manned aircraft, which 

receive authorization to fly in airspace where a transponder is required but not operable. In order 

to give proper notice to the ATC, the PIC will comply with the provisions of 91.215(d)(3). The 

sUAS flown under this exemption will comply with all altitude limits and airport standoff distances 

required by COA, which mitigate hazards to aircraft controlled by the ATC in congested airspace.

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance Inspections

91.405(a) 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

91.407(a)(1) States: (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

91.409(a)(2) 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— (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.

91.417(a) & (b) States: (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: (paragraphs 1 (i – iii), 2 (i – vi)); (b) The owner or operator shall 

retain the following records for the periods prescribed: (paragraphs 1 – 3)

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the 

manufacturer’s guidance as stated in the operations manual. If maintenance is required, the PIC 

will conduct a dedicated test flight to ensure safety before resuming commercial operations. All 

inspection, maintenance and alterations will be documented and maintained in a record. These 

actions will meet the intent of the regulations from which exemption is being requested and lead 

to an equivalent level of safety.
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II. Commercial Operator/Operation

Any sUAS flown under this exemption will be controlled by a certificated PIC. The PIC will hold a 

commercial fixed wing single engine land and Multi Engine Land rating, as well as a fixed wing 

CFI, CFII, and CFMEI.

For each flight, Domokur Architects:

 Will contact the controlling air traffic organization to issue a NOTAM when necessary.

 Will conduct a comprehensive worksite inspection and analysis, identifying limits of customer 

property or authorized access areas.

 Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

 Will operate in those areas only with the consent of the landowner or designated

representative.

 Will identify potential obstructions or other hazards to safe operation.

 Will clear the area of personnel or bystanders that are non-essential to the operation, 

maintaining at a minimum, 500 feet away from non-participating persons.

 Will conduct a preflight safety briefing to Visual Observer (VO) and participating

persons.

 Will at all times yield to manned air traffic.

 Will maintain voice communications with VO and participating persons.

 Will operate under visual flight rules, in visual meteorological conditions, for the 

airspace in which the flight is conducted.

 Will not exceed the maximum altitude as defined in the COA under which flight

authorized, as determined by the installed GPS.

 Will keep operating documents, manuals, authorizations and exemptions in a binder co-located 

with the sUAS.

 Will immediately terminate flight, in the safest manner possible, when safety to persons or 

property becomes compromised.

 Will terminate flight, in the safest manner possible, when unable to comply with these 

limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, relief is 

needed from Section 91.119 (c). By following these operating standards, the commercial 

operation will meet an equivalent level of safety to the regulation in which relief is sought.
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III. Unmanned Aircraft System

Domokur Architects seeks exemption to operate its DJI sUAS. The “DJI Phantom 3 Advanced” is 

the primary aircraft in our operation for which we seek exemption. The sUAS will be flown via a 

combination of RC control and compatible tablet/smart phone. This sUAS type is a GPS 

equipped, multirotor helicopter. A quad-copter type rotorcraft utilizing four motors. Lithiumpolymer batteries power the sUAS. The sUAS also has an integrated high definition camera that 

is permanently attached to the structure of the unit and cannot be removed.

The sUAS also has several fail-safes for loss of RC signal, loss of GPS, and low battery as 

outlined in the respective Operation Manuals. The sUAS display visual and emit an audible low 

battery alerts at which time the sUAS will automatically engage the landing sequence. Based 

upon those safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in 

VFR conditions.

Given the size, weight, speed, and controlled operating area associated with the sUAS to be 

utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 

(a) and (b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The sUAS will 

display the registration number in the largest practicable lettering. Domokur Architects seeks to 

be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance 

inspections will be conducted according to operations manual and prudent judgment as 

previously outlined to determine the integrity and safety of the sUAS and associated equipment. 

Further, relief is required from 91.7(a), which prohibits the operation of an aircraft without an 

airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The 

sUAS will not be operating with an airworthiness certificate, therefore this would not be 

applicable. The sUAS are too small to carry the operating documents, so an equivalent amount of 

safety can be achieved through keeping the operating documents and manuals at the GCS.

IV. UAS Pilot in Command (PIC)

Under part § 61, private pilots are limited to non-commercial operations, however Domokur 

Architects can ensure sUAS operations will achieve an equivalent level of safety as current 

regulation because sUAS do not carry any pilots or passengers, and the PIC will be a licensed 

commercial pilot. A commercial pilot certificate will ensure RC piloting ability due to his or her 

knowledge of the NAS System, as well as safe decision-making skills that comes from the 

experience in achieving such license. PIC’s will maintain recent flight experience on the UAS.

Training and experience flights will be conducted separate from commercial operations. The PIC 

will not hold a Rotorcraft Rating on his or her license, so an exemption is needed to operate the 

sUAS due to its rotorcraft status.

V. Public Interest

Given the above stated evidence, procedures, and precautions operating sUAS commercially for 

the purposes of aerial photography & videography, mapping, aerial inspections, data collection, 

commercial videos and other work related to aerial photography will ultimately be in the public 

interest. These operations, when executed with prudence, will exceed the current level of safety 

as the regulations from which exemption is sought. sUAS operations will allow greater access to 

commercial aerial services that were not previously economically feasible for many firms. This 

will provide a much needed economic uplift to the community, and subsequently the public. 

sUAS operations are associated with less risk of collateral damage to persons and property while 

limiting disruptive noise pollution associated with low altitude aviation operations.
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VI. Summary

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and Reform 

Act of 2012”, Domokur Architects, hereby applies for authorization to conduct commercial small 

Unmanned Aerial Systems (sUAS) operations for the purposes of aerial photography & 

videography, mapping, aerial inspections, data collection, commercial videos and other work 

related to aerial photography listings rules for which exemption is sought:

 14 C.F.R. Part 21 Subpart H

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a)

 14 C.F.R. 91.9(b)

14 C.F.R. § 91.103

 14 C.F.R. § 91.109(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)

 14 C.F.R. § 91.215(b)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(2)

 14 C.F.R. § 91.417(a) & (b)

Please feel free to contact me directly with any question regarding our exemption request (440) 

781-0499. 

Sincerely

Bradley Russell

VII. List of Attachments

DJI Phantom 3 Advanced User Manual v1.6

DJI Phantom 3 Advanced Quick Start Guide v1.2

DJI Phantom 3 Intelligent Flight Battery Safety Guidelines
Attachments

**Disclaimer: All documentation included in the subsequent “Attachments” section 

is produced solely by the DJI Science and Technology Co., Ltd. and is made 

available to its customers to facilitate responsible ownership practices of its 

products. This information is included as reference documents only in support of 

the Petition for Section 333 Exemption.
DJI Phantom 3 Advanced User Manual v1.6



























































DJI Phantom 3 Advanced Quick Start Guide v1.2










DJI Phantom 3 Intelligent Flight Battery 

Safety Guidelines