Submitted by:

Tony Latham

PO Box 140

Carmen, ID 83462

(406) 600-8259

tony.latham@gmail.com

January 5, 2016

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, Tony Latham, a sole proprietor, hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of his UASs so long as such operations are 

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

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

UASs under controlled conditions.

Scope:

Enhance and augment the following activities by using Unmanned Aircraft System (UAS):

 Real estate listing videos by conduct aerial photography and videography of real property.

 Criminal and accident investigation and search and rescue activities as directed by the 

appropriate agency.

 Assist construction firms, agriculture, special events, business advertising, promotional events, 

geological surveying and environmental studies.

Applicant's Background and Qualifications:

Tony Latham is a license private pilot and holds a valid Idaho Driver's License. He is a retired law 

enforcement officer, is Chairman of the Lemhi County Airport Board and serves as the manager of the 

Lemhi County Airport (KSMN) located near Salmon, Idaho.

UAV DJI Phantom 3 Advanced and Professional models:

The DJI Phantom 3 Advanced and Professional models are quad-rotor Unmanned Aircraft System (UAS). 

Both Phantom models have:

 A maximum gross weight of approximately 2 pounds 11 ounces

 A length of 16 inches width of 16 inches 

 Height of 8 inches

 Maximum speed of approximately 29 knots.

 Equipped with four main rotors; driven by Lithium Polymer battery powered electric motors

 Return Home Feature (Built in Safety)

These UAS Phantoms will be operated by Tony Latham and will be registered in accordance with 49 

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in 

accordance with 14 C.F.R. Part 45, Identification and Registration Markings.
The Phantom 3 Advanced and Professional model UASs that Tony Latham will be responsible for also 

utilize a mobile ground station. Both UASs features a safety Return to Home (RTH) function that in the 

event of a signal loss, the UASs will return to a preset position and land. The RTH feature can also be 

triggered manually. The remote connects to your phone or tablet, and a 1080p HD view of everything 

your camera sees as you fly is displayed live.

This immersive view streams to the PIC in absolute clarity, enabling safe flying. From takeoff to landing, 

the Phantom 3s respond to commands while automatically handling the most complex aspects of safe, 

stable flight.

Request:

Tony Latham seeks an exemption to operate the DJI systems for compensation or hire within the US. 

The DJI Phantom 3 quad-rotors are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA). These 

UAS’s use a Ground Control Station (GCS), displayed on an electronic tablet or smartphone. 

An exemption from 91.7(a), 91.119, 91.121, 91.151(a), 91.405(a),91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) as was granted to Ralph J. Apel in 

Exemption No. 11410

Petition:

I request an exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and 

(b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417

(a) and (b)

The Extent Of Relief that Tony Latham seeks:

1. Extent of Relief that Tony Latham seeks regarding Section 61.113 (a) and (b)

Private Pilot Privileges and Limitations Relief from Section 61.113 (a) and (b) is requested to allow a Pilot 

in Command holding a current Airman's Certificate to operate Tony Latham’s Phantom 3 UASs. The flight 

operations would be complimented by a Visual Observer who, along with the pilot, will maintain Visual 

Line of Sight with the Phantom 3s at all times. The Phantom 3s is not able to carry passengers.

2. Extent of Relief that Tony Latham seeks in regards to Section 91.7(a) Civil Aircraft Airworthiness Relief 

from Section 91.7(a) is requested to allow Tony Latham to determine airworthiness of the Phantom 3s. 

As part of this determination the following will be adhered to:

a. Prior to the Phantom 3's flight the Pilot in Command (PIC) will inspect the UA to ensure it is in a 

condition that will be conducive for a safe flight. The ground control station will be included in the above 

inspection.

b. Tony Latham will follow the DJI Phantom 3’s aircraft/component, maintenance, overhaul, 

replacement, inspection and life limit requirements.

c. Tony Latham will comply with all DJI manufacturer Safety Bulletins and software updates.

3. Extent of Relief that Tony Latham seeks in regards to Section 91.119 Minimum Safe Altitudes General 

relief from 91.119 is requested to allow Tony Latham to operate the UASs at altitudes not to exceed 400’ 

AGL at a distance at or greater than 5 nautical miles from the nearest airport as depicted on current 

Aeronautical Charts. Tony Latham also wishes to be granted exemption to operate at an altitude not 
greater than 50’ AGL (below tree level) between 1 nautical mile and 5 nautical miles from the nearest 

airport as depicted on current Aeronautical Charts.

Tony Latham will adhere to the following in order to maintain an acceptable level of safety associated 

with operations over private property:

(a) Tony Latham will not fly within 500 feet of persons not involved in the flight.

(b) Tony Latham will not allow the Phantom 3s to operate at a speed greater than

10kts.

(c) Tony Latham will require all UAS operators (PIC) to be fully trained on the Phantom 3 by adhering to 

the recommendations contained within the Phantom 3’s operating manual.

(d) Tony Latham will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a 

minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. In addition the operator will have logged a minimum of 5 hours as a UAS 

pilot operating the make and models of UAS that Tony Latham is petitioning to operate in a commercial 

manner.

(e) Tony Latham will be familiar with and able to manually institute the Phantom 3’s Return to Home 

(RTH) feature. This feature aborts a flight operation and automatically returns the UAS to a 

predetermined GPS safe point.

(f) Tony Latham will not operate over private property without first finding a suitable alternate landing 

spot.

(g) Tony Latham will abort the flight in the event of unpredicted obstacles, emergencies, or unforseen 

events.

(h) Tony Latham will utilize a two-man flight team consisting of the Pilot in Command (PIC) and a Visual 

Observer (VO) during all operations. This team will maintain visual line of sight with the Phantom 3s and 

remain within hearing of one another.

(i) Tony Latham will not permit flight around vessels, vehicles and structures without permission from 

the owner.

4. Extent of Relief that Tony Latham seeks in regards to Section 91.121 Altimeter Settings

Relief from 91.121 is requested because the Phantom 3 utilizes electronic WAAS enabled GPS with a 

barometric sensor.

In order to maintain an equal level of safety that 91.121 requires, the PIC of the Tony Latham UAS will 

abort the flight in the events that the UA loses communications with the GPS signal.

5. Extent of Relief that Tony Latham seeks in regards to Section 91.151(b) Fuel Requirements for Flight in 

VFR Conditions Relief from 91.151(b) is requested to the extent that allows Tony Latham to operate the 

Phantom 3 up to a point (considering wind and forecast weather conditions) that there is enough power 

to fly at normal cruising speed to the intended landing point and land the UA with 30% battery power 

remaining.

6. Extent of Relief that Tony Latham seeks in regards to Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), 

and (a)(2), 91.417(a) and (b) These are all associated a with Airworthiness certificate

Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is requested to the extent that 

allows Tony Latham to operate the Phantom 3 Quad-Copters as necessary. These sections are all related 

to airworthiness certificates of aircraft. There is not currently an airworthiness certificate for

small UAS’s. Tony Latham would comply in full to any conditions and limitations that the Administrator 

would place in order to receive an approved Grant of Exemption.
Public Interest:

Aerial videography for real estate marketing, search and rescue, investigative purposes and many other 

activities has been around for a long time through manned fixed wing aircraft and helicopters, but for 

small business owners and governments the expense has been cost-prohibitive. Granting this exemption 

to Tony Latham would allow him to provide this service at a much lower cost. Latham's UAS will pose no 

threat to the public given its small size and lack of combustible fuel when compared to manned aircraft. 

The operation of his UAS will minimize ecological damage, promote economic growth, and increase 

public safety by providing high-resolution photography and video where needed by the public.

Conclusion:

As set forth herein, Tony Latham seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Phantom 3 UASs commercially.

The Administrator will be assisting small business and public safety by granting this petition. In 

accordance with the FAA Modernization and Reform Act of 2012, Tony Latham respectfully requests 

that the FAA Administrator grants this petition for exemption from TITLE 14 OF THE CODE OF FEDERAL 

REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a);

91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

Thank you in advanced for your consideration, 

Tony Latham

tony.latham@gmail.com

(406) 600-8259