US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation Administration

October 15, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, D.C. 20590

Kolby L. Reese 

Aerial Vision Concepts, LLC.

3257 Marengo Dr.

Virginia Beach, VA. 23456

Tel: (757) 715-3090

kreese@aerialvisionconcepts.com

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 

14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b) (2); 14 CFR 91.103; 

14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 

14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 

14 CFR 91.409 (a) (1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 

14 CFR Part 11, Kolby L. Reese operator of Aerial Vision Concepts, LLC., (both Kolby L. Reese and 

Aerial Vision Concepts, LLC. hereinafter known as Aerial Vision Concepts) seeks an exemption from 

the listed Federal Aviation Regulations (“FARs”). This exemption will allow commercial operation 

of a DJI Phantom 3 Professional, provided such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.

I appreciate your consideration for reviewing the exemption request for the following reasons. 
Summary 

This exemption will permit Aerial Vision Concepts to provide unmanned aircraft solutions with 

services to local, state, and commercial clients. Aerial Vision Concepts is focused on providing safe 

solutions utilizing unmanned aircraft for aerial data acquisition, photography, and videography. 

Aerial Vision Concepts will concentrate efforts in the areas of Real Estate, Construction, Inspections, 

Surveying, and other applicable areas. 

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Aerial Vision Concepts requests relief from 14 C.F.R. Part 21, Subpart H: Airworthiness 

Certificates. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated 

with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of 

the size, weight, speed, operational capability, and proximity to airports and populated areas of the 

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without 

an airworthiness certificate in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated 

hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and designated area.

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored 

by both the operator and under the requirements and in compliance with local public safety 
requirements. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued under 

14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. 

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. Part 21, Subpart H: Airworthiness 

Certificates.

Aerial Vision Concepts requests relief from 14 C.F.R. § 45.23 (b): Display of marks; general. 

Pursuant to 14 C.F.R. § 45.23 (b), all aircraft operators are required to mark their aircraft according to 

certain specifications. Aerial Vision Concept’s DJI Phantom 3 Professional is, by definition, 

unmanned and does not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Furthermore, two-inch lettering is difficult to place on small scale aircraft with dimensions 

smaller than the minimal lettering requirement. 

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. § 45.23 (b). 

Aerial Vision Concepts requests relief from 14 C.F.R. § 61.113 (a) and (b): Private Pilot 

Privileges and Limitations; Pilot In Command (PIC).

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a 

pilot in command of an aircraft that is carrying passengers or property for compensation or hire. The 

proposed DJI Phantom 3 Professional operations may achieve an equivalent level of safety as 

achieved by current Regulations because the applicant’s UAS do not carry any pilots or passengers or 

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

commercial activities outlined in 14 CFR 61. The PIC of the UAS will be, or be under the direct 

supervision of at least a FAA Certificated Private Pilot with current Third Class or higher medical 

certificate. It is believed that the operation and limitations set forth in the FOM will equate to the safe 

operation of the UAS.

Therefore, Aerial Vision Concepts requests relief from 14 CFR 61.113 (a) & (b). 

Aerial Vision Concepts requests relief from 14 C.F.R. §91.7(a): Airworthiness Certificate.

Pursuant to 14 C.F.R. §91.7(a), no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption 

be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the 

aircraft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety 

will be provided.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.7(a). 

Aerial Vision Concepts requests relief from 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight 

Manual in the Aircraft. 

Pursuant to 14 C.F.R. § 91.9 (b) (2), no person may operate a U.S.registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 
available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. The UAS, given its size and 

configuration has no ability or place to carry such a flight manual on the aircraft, not only because 

there is no pilot on board, but because there is no room or capacity to carry such an item on the 

aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the UAS will have immediate access to it.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight 

Manual in the Aircraft.

Aerial Vision Concepts requests relief from 14 C.F.R. § 91.103: Preflight Action. 

Pursuant to 14 C.F.R. § 91.103, each pilot in command is to take certain actions before flight to 

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

aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 2 

and 3 including but not limited to reviewing weather, flight battery requirements, landing and takeoff 

obstructions and aircraft performance data before initiation of flight. 

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. § 91.103: Preflight Action.

Aerial Vision Concepts requests relief from 14 C.F.R. §91.109: Flight Instruction. 

Pursuant to 14 C.F.R. §91.109, 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. UAS 

and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control 

is accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent 

level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft 

and by the size and speed of the aircraft.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.109: Flight Instruction.

Aerial Vision Concepts requests relief from 14 C.F.R. §91.119: Minimum Safe Altitudes. 

14 C.F.R. §91.119, establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will 

never operate at higher than 400 AGL with the exception that in circumstances where the UAS is 

used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed to operations 

without their pre-obtained consent. The equivalent level of safety will be achieved given the size, 

weight, and speed of the UAS as well as the location where it is operated. No flight will be taken 

without the permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far 

more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated 
with these operations is far less than those presently presented with conventional aircraft operating at 

or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation 

between these UAS operations and the operations of conventional aircraft that must comply with 

Section 91.119. 

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.119: Minimum Safe Altitudes. 

Aerial Vision Concepts requests relief from 14 C.F.R.§91.121: Altimeter Settings.

14 C.F.R.§91.121, 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.” As the UAS may not have a barometric altimeter, but 

instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safety will 

be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R.§91.121 Altimeter Settings.

Aerial Vision Concepts requests relief from 14 C.F.R. § 91.151(a): Fuel Requirements for Flight 

in VFR Conditions.

14 C.F.R. § 91.151(a), prohibits an individual from beginning “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; or (2) At night, to fly after that for at least 45 minutes.” The 

applicant believes that an exemption from 

14 CFR §91.151(a) falls within the scope of prior exemptions.

Operating the UAS in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. The applicant 

believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of 

battery power — whichever happens first. This restriction would be more than adequate to return the 

UAS to its planned landing zone from anywhere in its limited operating area.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. § 91.151(a): Fuel Requirements for 

Flight in VFR Conditions. 

Aerial Vision Concepts requests relief from 14 C.F.R. §91.203 (a) and (b): Carrying Civil 

Aircraft Certification and Registration.

14 C.F.R. §91.203 (a) and (b), provides in pertinent part: (a) Except as provided in § 91.715, no 

person may operate a civil aircraft unless it has within it the following: (1) An appropriate and 

current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this section or a special flight authorization 

issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew. The UAS fully loaded weighs well under the proposed 55 lbs. limit and is operated without an 
onboard pilot. As such, there is no ability or place to carry certification and registration documents or 

to display them on the UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS will have immediate access to 

them; to the extent they are applicable to the UAS.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.203 (a) and (b): Carrying Civil 

Aircraft Certification and Registration. 

Aerial Vision Concepts requests relief from 14 C.F.R. §91.405 (a): Maintenance Required; 

91.407 (a) (1): Operation after maintenance, preventive maintenance, rebuilding, or alteration; 

91.409 (a) (2): Inspections; and 91.417(a) & (b): Maintenance records.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b), require that an aircraft operator or owner 

“shall have that aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance 

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

certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because the UAS is very limited in size and will carry a small payload and operate only in 

restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately 

and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An 

equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will 

ensure that the UAS is in working order prior to initiating flight and perform required maintenance 

needed.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.405 (a): Maintenance Required; 

91.407 (a) (1): Operation after maintenance, preventive maintenance, rebuilding, or alteration; 

91.409 (a) (2): Inspections; and 91.417(a) & (b): Maintenance records.

Appendix A- DJI UAS product notes. 

Appendix B- Aerial Vision Concepts Flight Operations Manual. 
Appendix A- DJI UAS product notes.

Aerial Vision Concepts will be operating a DJI Phantom 3 Professional.

DJI Phantom 3 Professional 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: +/- 0.1 m (when vision positioning is active) or +/- 0.5 m 

 -Horizontal: +/- 1.5m 

Max Speed 

16 m/s (ATTI mode, no wind) 

Max Altitude Above Sea Level 

6000 m 

Operating Temperature 

0*C to 40*C 

GPS Mode 

GPS / GLONASS 
Camera

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

Lens 

FOV 90* 20 mm (35 mm format equivalent) f/2.8, focus at infinity 

ISO Range 

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

Shutter Speed 

8s-1/8000s 

Image Max Size 

4000 x 3000 

Still Photography Modes 

 Single shot 

 Burst Shooting: 3/5/7 shots 

 Auto Exposure Bracketing (AEB): 3/5 

 Bracketed Frames at 0.7 EV Bias 

 Time-lapse 

Video Recording Modes 

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

 FHD: 1920x1080p 24/25/30/48/50/60 

 HD: 1280x720p 24/25/30/48/50/60 

Supported SD Card Types 

Micro SD 

Max Capacity: 64 GB, Class 10 or UHS-1 rating required 

Max Bitrate of Video Storage 

60 Mbps 

Gimbal

Controllable Range

Pitch -90* to + 30* 

Stabilization 

3-axis (pitch, roll, yaw) 

Vision Positioning 

Max Velocity

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

Altitude Range

30 cm - 300 cm 

Operating Range 

30 cm - 300 cm 
Remote Controller

Operating Environment

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

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 

Receiver Sensitivity (1% PER) 

-101 dBm +2dBm 

Transmitter Power (EIRP) 

 FCC: 20 dBm 

 CE: 16 dBm 

Working Voltage 

1.2 A @ 7.4V 

 

Battery Charger 

Voltage 

17.4 V 

Rated Power 

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 

App / Live View 

Mobile App 

DJI Pilot 

EIRP

100m W 

Live View Working Frequency 

2.4 GHz ISM 

Live View Quality 

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

Latency 

220ms (depending on conditions and mobile device) 

Required Operating Systems 

 iOS 8.0 or Later 

 Android 4.1.2 or Later 

Recommended Devices 

 iOS: iPhone 5s, 6, 6 Plus, iPad Air, WiFi + Cellular, iPad Mini, Mini 2, Mini 3, 

 WiFi + Cellular, iPad 2, WiFi + Cellular. This app is optimized for iPhone 

 5s, 6, and 6 Plus. 

 Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, 

 Mi 3, Nubia Z7 mini. 

Auto Takeoff 

With one tap in the DJI Pilot app, your Phantom 3 will turn on its motors and rise to a pre-set 

height. It will then hover perfectly in place until you direct it where to go. 

Auto Return Home 

When GPS is available, your Phantom 3 remembers the exact spot it took off from. Wherever 

you aircraft is flying tap a button to have it return right back home. 

Failsafe 

If the Intelligent Flight Battery is running low, or if your Phantom 3 loses the connection with 

your remote controller for any reason, the aircraft will automatically return to the takeoff point 

and land safely. 
Appendix B- Aerial Vision Concepts Flight Operations Manual. 

Operator and crew must be familiar with, and follow these operating procedures:

1) Maintenance and Updates: 

 a) Document all maintenance, alterations, and updates in the aircraft records. 

 b) Any maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

 replacement of a flight critical component, must undergo a functional test flight in accordance 

 with the operator’s manual. The PIC who conducts the functional test flight must make an entry 

 in the UAS records referencing the flight. 

2) Prior to each mission: 

 

The PIC must familiarize themselves with all possible safety aspects of the mission. 

This includes but is not limited to: 

 a) Software version updates as required (maintained on manufacturer’s website) 

 b) Weather 

 c) Winds (less than 12 knots at surface, or gust spread of no greater than 10 knots) 

 d) NOTAMS for nearest airport facility and mission area 

 e) Proximity to nearest airport and airspace classification 

3) Prior to each flight: 

The PIC must inspect the UAS and Ground Control Station to ensure they are in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from being operated until the necessary maintenance has been performed and the UAS is found 

to be in a condition for safe flight. 

This includes but is not limited to: 

 a) Batteries ( a fully charged UAS battery is required to begin each flight, check battery levels for 

 transmitter and tablet viewing device) 

 b) Inspect propellers, motors, gimbal, and lights 

 c) The documents required under 14 CFR § 91.9 and § 91.203 must be available to the PIC at 

 the Ground Control Station of the UAS any time the aircraft is being operated. These documents 

 must be available to the Administrator or a law enforcement official for review upon request. 

The PIC performs a safety assessment. 

This includes but is not limited to: 

 a) Operations in visible moisture are not permitted and any flight shall be terminated if such a 

 condition arises. 

 b) Inspection of mission area for light poles, trees, utility wires, proximity to airports or heliports, 

 hospitals, schools, roadways, gatherings of people or other obstructions to safe flight. 

 c) The PIC provides a safety briefing to the Visual Observer and any ground crew. 

 d) Identify take off and landing areas, and obstruction height for Return to Home function. 

The PIC performs pre-flight checks: 

 a) Check all controls are neutral. 

 b) Turn on power to tablet, transmitter, then UAS. 
 c) Perform compass calibration, when required, according to manufacturer’s operating manual. 

 d) Set home position when taking off from a new location. 

 e) Allow GPS signal to be obtained, minimum of 6 satellites necessary for safe flight. 

 f) Immediately after takeoff perform the following checks: 

 i) Hover at 5-10 ft AGL 

 ii) Perform control function test: 

 1) forward 

 2) rearward 

 3) left 

 4) right 

 5) up 

 6) down 

 7) yaw left 

 8) yaw right 

 iii) Check available flight time and battery voltage is sufficient for mission. 

 iv) Check camera view is operational. 

4) During each flight: 

 

 a) The UAS may not be operated by the PIC from any moving vehicle. 

 b) The UAS may not be operated at an altitude exceeding 200 ft AGL. 

 c) The UAS may not be operated at night. 

 d) The minimum weather conditions are at least 500 feet below or 2,000 feet horizontally from 

 any cloud and visibility not less than 3 statute miles. 

 d) The UAS must remain clear of and yield the right of way to all manned aircraft activities. 

 e) The UAS must remain within line of sight of either the PIC or Visual Observer. 

5) Emergencies during flight: 

 If the following conditions are met immediately determine closest safe landing location and land 

 until such condition is no longer present. 

 

 a) Pilot distracted and loss of visual reference to UAS. ( Return to Home function) 

 b) Visual Observer or ground crew signal aborting mission via voice command or hand signal. 

 c) Sudden change in weather conditions or wind in excess of allowable limits. 

 d) Manned aircraft in the vicinity. 

 e) Persons not directly involved in UAS operation in the vicinity. 

 f) Birds in and around UAS operations. 

6) After each flight: 

 

 a) Turn off power to UAS first, then turn off power to transmitter and tablet. 

 b) Inspect UAS for any damage or missing components. 

 c) Check and log flight time for airframe and propellers.

Thank you for your consideration in granting exemption from Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation regulations.

Sincerely,

Kolby L. Reese 

3257 Marengo Drive 

Virginia Beach, VA. 23456