(Dulcie Holland Photography

3910 Redbud Rd 

Glen Allen, VA 23060

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, 

Thomas R. Platt, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed 

Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as required by 

Section 333. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would 

operate in the following manner:

• Aerial photography and/or video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities.

• Aerial video and/or photography for public and/or private use including television, public events, 

cinematography and news gathering.

• Aerial inspection/photography of residential/commercial structures under contract with the owners or 

local government authority.

• Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers.

• Aerial video/photography or providing live video feed to assist with search and rescue operations in cases 

of an emergency or natural disaster only when the local authorities or government has requested it by 

contract or donation.

• The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe operation 

of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the 

persons and property.

As described fully below, the requested exemption would permit the operation of a UAS under controlled 

conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety 

enhancements to the already safe operations in the 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.”

The name and address of the applicant is:

Dulcie Holland Photography

Attn: Dulcie Holland

Email: Dulcie@dulciehollandphotography.com

Address: 3910 Redbud Rd Glen Allen, VA 23060

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)

Dulcie Holland Photography, will operate the DJI Phantom 3 Professional, with a total weight of 1280g or 2lbs 13 

oz. The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. Under still air the maximum 

speed is no more than 16m/s or 35mph with a cruising speed of 11m/s or 25mph. The DJI Phantom 

3 Professional has the ability to hover and move along a vertical and horizontal plane simultaneously. The DJI 

Phantom 3 Professional has four motors, Motor Model DJI 3510, powered by a 4480mAh 4s LiPo Lithium Polymer 

battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Phantom 3 Professional will be 

controlled with the C3 remote controller with an operating frequency of 2.400GHz – 2.483GHz. The live video feed 

will have an operating frequency of 2.4GHz ISM with maximum range of 1.2 miles. The applicant will operate the 

UAS in line of sight within a closed off and predetermined area owned and/operated by the property 

representative.

DJI Phantom 3 Professional

GENERAL FEATURES

• Ready to fly 

• 3-axis camera stabilization 
• Precision flight and stable hovering 

• GPS/GLONASS positioning & auto return home 

• Onscreen real-time flight parameters 

• High Definition 4k Camera

• Camera tilt control 

• Film straight down 

• Supports Adobe DNG RAW 

• Adobe lens profile support 

• Camera parameter settings 

• Album synchronization 

• FAA no-fly zones locked out via installed software

TRANSMITTER

• Operating Frequency:2.400 GHz – 2.483 GHz 

• Communication Distance(open area): CE: 2000m; FCC: 2000m 

• Receiver Sensitivity(1%PER):-101dBm +/- 2dBm

• Transmitter Power: CE: 16dBm; FCC: 20dBm

• Working Voltage: 1.2A @ 7.4V 

• Battery: 6000 mAh LiPo 2s

CAMERA

• Operating Environment Temperature: 0°C-40°C

• Max Resolution: 4096 x 2162p @ 24/25fps

• FOV: 94°/ 85° 

• Sensor size: 1/2.3" 

• HD Recording: 4k p 24/25fps / 720p 60fps

DJI VISION APP

• System Requirement of Mobile Device: iOS version 6.0 or above/ Android system version 4.0 or above 

• Mobile Device Support: Recommended: iPhone4s, iPhone5, iPhone5s, iPod Touch4, iPod Touch5; 

Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to 

the Reform Act’s safety requirements. The approval of this application presents no national security issues. 

Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in 

environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested 

exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested 

exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY
The operation limitations proposed for an equivalent or higher level of safety because operations will further 

enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial 

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:  The 

UAS will weigh less than 55 lbs. (DJI Phantom 3 Professional weighs 1280G or 2lbs 13oz)  The UAS will have 

a maximum operating speed of no more than 35mph.

• Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

• Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% 

battery power reserve or 20 minutes of flight time whichever occurs first.

• Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more 

than 200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include 

but not limited to a Camera Operator.

• The UAS pilot will be a designated Pilot in Command (PIC) and will take and pass all necessary 

certifications currently being approved by the FAA administration for commercial use.

• A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of 

all the days’ production activities.

• All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

• The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) 

of a tower controlled or uncontrolled airport. The DJI Phantom 3 Professional has built in software for all 

FAA regulated ‘No Fly Zones’ and was uploaded by DJI (February 2015) for all DJI drones to download and 

prevent any possible flights occurring within no-fly zones. DJI Phantom 3 Professional has installed 

software (code) that denies flights within the FAA no-fly zones.

• If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a 

tower controlled or uncontrolled airport the respective airports will be contacted advising them of the 

estimated flight time, flight duration, elevation of flight and other pertinent information.

• The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, 

with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 

48 hours from planned operation.

• The operator will obtain verbal/written consent of all persons involved with the planned operation and 

ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius 

may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the 

FOM. With the advanced permission of the FSDO, operations at closer range may be approved.
• The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the 

particular UAS to be operated.

• The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

• Written and/or verbal permission and permits will be obtained from territorial, state, county or city 

jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

• If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the 

capability to return to a pre-determined location within a designated location and land autonomously.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies.

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. (3 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. The FAA will 

have advance notice of all operations. 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. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

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. 

Even though the UAS will have no airworthiness certificate, an exemption will be needed as the UAS will have no 

entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. 
Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will be placed on the 

fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as 

“Experimental.” 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

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. An equivalent level of safety can be 

achieved by current Regulations because the applicant’s UAS do not carry any pilots or passengers nor 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 operation and limitations set forth in the FOM will equate to the safe operation of the 

UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that 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 check lists prior to each flight an equivalent level of 

safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: 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. 

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command 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 manufacturer FOM in the pre-flight inspection section, including but not limited 

to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data 

before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides that 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 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. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 

Section 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, 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 55lbs. 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. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation 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 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. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 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 battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 minute 

reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given 

the limitations on the UAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. 
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, with less than 30 minutes of reserve fuel, 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. Additionally, limiting UAS 

flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes 

that an equivalent level of safety can be achieved by limiting flights to 20 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. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation 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 no more than 55 lbs. 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. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations 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 section 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.
Sincerely,

Dulcie Holland

“Safety first!”