September 1, 2015

Exemption No. 12694

Regulatory Docket No. FAA−2015−1675

Mr. Justin Mashuta

69 Bel Aire Drive

Mystic, CT 06355

Dear Mr. Mashuta:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letters posted to the public docket on May 14 and August 13, 2015, you petitioned the 

Federal Aviation Administration (FAA) for an exemption. You requested to operate an 

unmanned aircraft system (UAS) to conduct aerial photography and videography for real 

estate.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3 Professional.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 
2

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Justin Mashuta is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Justin Mashuta is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

Professional when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must 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 device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (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 must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 
4

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

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

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 
5

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any 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 operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. 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; and

b. 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. 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.

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

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Request for Section 333 Exemption Photography

05/06/15

by/for

Justin Mashuta

This document constitutes an exemption Request under Section 333 of the FAA Modernization and 

Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography & Videography by/for

Justin Mashuta. 

The main use of this UAS would be taking real-estate photos. The UAS systems that I plan to use is a 

DJI PHANTOM PROFESSIONAL 3 and will be referenced in this document and also in the attached 

user manual.

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always 

flying the UAS within visual eye contact, less than 400 ft above ground and never directly above 

persons or public places. The orientation of flights will be such that the pilot in command (PIC) always 

has a visual on the rear mounted LED flight Indicator. Additional safety features on the DJI 

PHANTOM PROFESSIONAL 3 include, return to home, low voltage, enhanced fail-safe. All 

operations will include a visual observer (VO) aiding the PIC.

2. Preflight inspection would consist of checking battery condition/level in both the transmitter and 

UAS. The binding/link feature will not let the UAS start if communication is not established. A check 

for power-lines, antennas and other overhead objects would be performed. Wind conditions would

be monitored and be a factor for flying.

3. The radio frequency of the DJI PHANTOM PROFESSIONAL 3 is in 2.400GHz-2.483GHz

range. Maximum take-off weight less than 1280g. Max Ascent speed 5 m/s, max descent speed 3 m/s.

Maximum flight speed 16 m/s (ATTI mode, no wind).

4. The PIC will be only myself and I have a minimum of 60 plus hours flying time with a similar DJI 

PHANTOM 2 model and various other lower class UAS models. I am currently in the process of 

obtaining a Sport Pilot Certificate (SPC) and will only fly the drone commercially when the SPC is 

obtained. Until the SPC is obtained commercial flight of the DJI PHANTOM PROFESSIONAL 3 will 
be flown by a licensed pilot. I am a IT technician, photographer, and video editor and have over 16 

years of experience working with equipment relative to phantom. Testing, updating, and programming 

the DJI PHANTOM PROFESSIONAL 3 firmware would be done on a monthly schedule. 

5. I am in good medical health and sound mental health. No arrests or felonies.

6. The intended use of this DJI PHANTOM PROFESSIONAL 3 is to supplement my existing 10 plus 

year photography and videography business with occasional aerial photographs. Other photographer 

are currently offering aerial photography and currently have a competitive edge

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata

recorded on a hard drive and also backed up to a server. This data would be kept readily available for a 

period of 1 year after each aerial flight for hire. 

8. In use flight time for UAS operation during real estate projects would be no more than 40 minutes. 

Each battery lasts approximately 23 minutes of uninterrupted flight and I own two batteries.

9. Proximity of local airports: there are two airports in my area of operation. Groton-New London 

Airport [KGON] and Westerly State Airport [KWST]. Westerly State Airport does not have a control 

tower. In terms of photography in proximity to these airports it is difficult to inform until I receive a 

client and know where the project location will reside. In the projects (pre-UAS) I have worked on up 

until this date have not been within 3 nautical miles of these listed airports. [KGON: 

http://www.airnav.com/airport/kgon | 155 Tower Ave, Groton, CT 06340 | Proximity of possible 

assigments would be no less than 1 mile] [KWST: https://www.airnav.com/airport/KWST | 56 Airport 

Rd, Westerly, RI 02891 | Proximity of possible assiments would be no less than 1 mile] Note: The latest

firmware for the DJI PHANTOM 3 PRO. Will not allow the drone to operate within a no fly zone 

(airports, etc) in compliance to FAA rules and regulations. See page 40 of the attached user manual.
Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21 

Along with Sections: 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R . 91.119 (a) (b) & (c) 

14 C.F.R. 91.121 

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) 

The petitioner requests relief from the following regulations: 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness certificates, and airworthiness approvals. 

Section 45.23 (b) prescribes, in pertinent part, that 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. 

Reason for relief: The body of the DJI Phantom is too small to support this size of markings. 

Action: The UAS will be marked with the business name, contact information and word “Provisional” 

made as large as possible. In addition the serial number is listed with the manufacture and searchable 

on the internet.
Section 61.113 (a) & (b) prescribes that— 

(a) 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; 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: 

Reason for relief: (A) & (B) The flights are only incidental to the business of photography. This UAS 

is too small to carry a pilot or passenger and will not carry or deliver any personal property for hire. In 

addition obtaining a private pilot certificate would be an unnecessary requirement and/or hardship for 

the purpose of unmanned aerial photography. 

Action: The only payload for this exemption is a fixed camera. No other payload/payloads will be 

allowed. 

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an 

airworthy condition. 

Reason for Relief: Airworthy condition is not defined in the Phantom Professional 3 manual. 

Action: An airworthy preflight inspection would be checking battery condition/level in both the 

transmitter and UAS. The binding/link feature will not let the Phantom Professional 3 start up if 

communication is not established. Check for power-lines, antennas, and other overhead objects would 

be performed. Wind conditions would be monitored and be a factor for flying. 

Section 91.9(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. 

Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft Flight Manual. 

Action: There is a “Checklist before every flight” instruction tag attached to the body of the Phantom 

Professional 3 that will be followed and on page 44 on the attached user manual.
Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard 

to persons or property on the surface. 

(b) Over congested areas. 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. 

Reason for relief: This UAS Phantom quad copter at most times would be operated at less than the 

minimums prescribed in paragraph (b) or (c) of this section. The regulation states that over sparsely 

populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. Since the typical photo assignment would be photography of real estate structures and or 

vacant land it would be necessary to operate closer than 500 feet. 

Action: Operations will only be flown over property where permission has been obtained and careful 

pre-planned has been performed. If/when the low battery LED flashes the UAS will be landed in a safe 

manner. 

Due to the small size and weight of the Phantom Professional 3, the hazard to persons, vehicles and 

structures is minimal compared to manned aircraft. 

Section 91.121 requires, in pertinent part, 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. 

Reason for relief: The Phantom Professional 3 is not equipped with an altimeter and can hover within 

a 10 foot radius in all directions. There is no minimum cruising speed and it will not be launched from 

an airport. 

Action: The above ground level height will be less than 400 feet programmed into the firmware and 

never flown out of visual eye contact or at night. 
Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected. 

Reason for relief: There is no certified inspection facility and the Phantom Professional 3 will not 

power on if it fails the POST (power on self test).

Action: In the event that the Phantom Professional 3 needed inspection for any major or intermittent 

problems it would be safer to replace the entire UAS. 

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved 

for return to service by a person authorized under section 43.7 of the same chapter. 

Reason for relief: Replacement of props, motors, and batteries should be allowed by the operator. In 

addition updating firmware when required should be allowed. 

Action: Parts will be genuine factory replacement. Only manufacture approved firmware will be 

uploaded. 

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, within

the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. 

Reason for relief: There is no certified inspection facility or process for the Phantom Professional 3. 

Estimated flight times for photo shoots would be less than 40 minutes possibly 2 times a week which 

would be approximately 80 minutes of flight time per week. 

Action: When any flight or intermittent problem become apparent and is not remedied by a simple 

repair the entire UAS would be replaced by the same model or as close to the DJI Phantom 

Professional 3. 

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall keep the

following records for the periods specified in paragraph (b) of this section: 

Reason for relief: Due to the popularity, simplicity, size and limitation of the Phantom Professional 3 

this could become an overburden for the owner/operator and any regulating agency. 

Action: All photo flights for hire would have the date, time, GPS coordinates along with the camera 

metadata recorded on a hard drive and also backed up to a DVD. This data would be kept readily 

available for a period of 1 year after each aerial flight for hire.
Public Interest: Granting my request would be in the public interest by giving an opportunity for real 

estate photographers to offer safer and more competitively priced aerial photography and videography 

to the general public. 

Adversely affect safety: This exemption would not adversely affect the safety of the general public 

due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial photography from 

a manned aircraft, low altitude photography from a UAS would be safer and have less of an 

environmental impact. 

Additional view/comments. As a competent photographer the need to offer photography from a UAS 

is something that will help my business and clients. I am in hopes that this exemption is granted so that

I can assist in the ground floor education and lead by good example for the good of the people. 

The DJI PHANTOM PROFESSIONAL 3 will not be flown at night and never in the flight path of 

manned aircraft. The first condition listed to always keep visual eye contact on the 22mm LED flight 

indicator is probably the most important. My main objective is to offer aerial real estate 

photography/videography at a competitive rate for the general public in the safest way possible.

Respectfully,

Justin Mashuta

69 Bel Aire Dr.

Mystic, CT 06355

CELL: 860.884.4811
Request for Section 333 Exemption Photography

05/06/15

by/for

Justin Mashuta

This document constitutes an exemption Request under Section 333 of the FAA Modernization and 

Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography & Videography by/for

Justin Mashuta. 

The main use of this UAS would be taking real-estate photos. The UAS systems that I plan to use is a 

DJI PHANTOM PROFESSIONAL 3 and will be referenced in this document and also in the attached 

user manual.

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always 

flying the UAS within visual eye contact, less than 400 ft above ground and never directly above 

persons or public places. The orientation of flights will be such that the pilot in command (PIC) always 

has a visual on the rear mounted LED flight Indicator. Additional safety features on the DJI 

PHANTOM PROFESSIONAL 3 include, return to home, low voltage, enhanced fail-safe. All 

operations will include a visual observer (VO) aiding the PIC.

2. Preflight inspection would consist of checking battery condition/level in both the transmitter and 

UAS. The binding/link feature will not let the UAS start if communication is not established. A check 

for power-lines, antennas and other overhead objects would be performed. Wind conditions would

be monitored and be a factor for flying.

3. The radio frequency of the DJI PHANTOM PROFESSIONAL 3 is in 2.400GHz-2.483GHz

range. Maximum take-off weight less than 1280g. Max Ascent speed 5 m/s, max descent speed 3 m/s.

Maximum flight speed 16 m/s (ATTI mode, no wind).

4. The PIC will be only myself and I have a minimum of 60 plus hours flying time with a similar DJI 

PHANTOM 2 model and various other lower class UAS models. I am currently in the process of 

obtaining a Sport Pilot Certificate (SPC) and will only fly the drone commercially when the SPC is 

obtained. Until the SPC is obtained commercial flight of the DJI PHANTOM PROFESSIONAL 3 will 
be flown by a licensed pilot. I am a IT technician, photographer, and video editor and have over 16 

years of experience working with equipment relative to phantom. Testing, updating, and programming 

the DJI PHANTOM PROFESSIONAL 3 firmware would be done on a monthly schedule. 

5. I am in good medical health and sound mental health. No arrests or felonies.

6. The intended use of this DJI PHANTOM PROFESSIONAL 3 is to supplement my existing 10 plus 

year photography and videography business with occasional aerial photographs. Other photographer 

are currently offering aerial photography and currently have a competitive edge

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata

recorded on a hard drive and also backed up to a server. This data would be kept readily available for a 

period of 1 year after each aerial flight for hire. 

8. In use flight time for UAS operation during real estate projects would be no more than 40 minutes. 

Each battery lasts approximately 23 minutes of uninterrupted flight and I own two batteries.

9. Proximity of local airports: there are two airports in my area of operation. Groton-New London 

Airport [KGON] and Westerly State Airport [KWST]. Westerly State Airport does not have a control 

tower. In terms of photography in proximity to these airports it is difficult to inform until I receive a 

client and know where the project location will reside. In the projects (pre-UAS) I have worked on up 

until this date have not been within 3 nautical miles of these listed airports. [KGON: 

http://www.airnav.com/airport/kgon | 155 Tower Ave, Groton, CT 06340 | Proximity of possible 

assigments would be no less than 1 mile] [KWST: https://www.airnav.com/airport/KWST | 56 Airport 

Rd, Westerly, RI 02891 | Proximity of possible assiments would be no less than 1 mile] Note: The latest

firmware for the DJI PHANTOM 3 PRO. Will not allow the drone to operate within a no fly zone 

(airports, etc) in compliance to FAA rules and regulations. See page 40 of the attached user manual.
Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21 

Along with Sections: 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R . 91.119 (a) (b) & (c) 

14 C.F.R. 91.121 

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) 

The petitioner requests relief from the following regulations: 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness certificates, and airworthiness approvals. 

Section 45.23 (b) prescribes, in pertinent part, that 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. 

Reason for relief: The body of the DJI Phantom is too small to support this size of markings. 

Action: The UAS will be marked with the business name, contact information and word “Provisional” 

made as large as possible. In addition the serial number is listed with the manufacture and searchable 

on the internet.
Section 61.113 (a) & (b) prescribes that— 

(a) 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; 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: 

Reason for relief: (A) & (B) The flights are only incidental to the business of photography. This UAS 

is too small to carry a pilot or passenger and will not carry or deliver any personal property for hire. In 

addition obtaining a private pilot certificate would be an unnecessary requirement and/or hardship for 

the purpose of unmanned aerial photography. 

Action: The only payload for this exemption is a fixed camera. No other payload/payloads will be 

allowed. 

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an 

airworthy condition. 

Reason for Relief: Airworthy condition is not defined in the Phantom Professional 3 manual. 

Action: An airworthy preflight inspection would be checking battery condition/level in both the 

transmitter and UAS. The binding/link feature will not let the Phantom Professional 3 start up if 

communication is not established. Check for power-lines, antennas, and other overhead objects would 

be performed. Wind conditions would be monitored and be a factor for flying. 

Section 91.9(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. 

Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft Flight Manual. 

Action: There is a “Checklist before every flight” instruction tag attached to the body of the Phantom 

Professional 3 that will be followed and on page 44 on the attached user manual.
Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard 

to persons or property on the surface. 

(b) Over congested areas. 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. 

Reason for relief: This UAS Phantom quad copter at most times would be operated at less than the 

minimums prescribed in paragraph (b) or (c) of this section. The regulation states that over sparsely 

populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. Since the typical photo assignment would be photography of real estate structures and or 

vacant land it would be necessary to operate closer than 500 feet. 

Action: Operations will only be flown over property where permission has been obtained and careful 

pre-planned has been performed. If/when the low battery LED flashes the UAS will be landed in a safe 

manner. 

Due to the small size and weight of the Phantom Professional 3, the hazard to persons, vehicles and 

structures is minimal compared to manned aircraft. 

Section 91.121 requires, in pertinent part, 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. 

Reason for relief: The Phantom Professional 3 is not equipped with an altimeter and can hover within 

a 10 foot radius in all directions. There is no minimum cruising speed and it will not be launched from 

an airport. 

Action: The above ground level height will be less than 400 feet programmed into the firmware and 

never flown out of visual eye contact or at night. 
Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected. 

Reason for relief: There is no certified inspection facility and the Phantom Professional 3 will not 

power on if it fails the POST (power on self test).

Action: In the event that the Phantom Professional 3 needed inspection for any major or intermittent 

problems it would be safer to replace the entire UAS. 

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved 

for return to service by a person authorized under section 43.7 of the same chapter. 

Reason for relief: Replacement of props, motors, and batteries should be allowed by the operator. In 

addition updating firmware when required should be allowed. 

Action: Parts will be genuine factory replacement. Only manufacture approved firmware will be 

uploaded. 

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, within

the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. 

Reason for relief: There is no certified inspection facility or process for the Phantom Professional 3. 

Estimated flight times for photo shoots would be less than 40 minutes possibly 2 times a week which 

would be approximately 80 minutes of flight time per week. 

Action: When any flight or intermittent problem become apparent and is not remedied by a simple 

repair the entire UAS would be replaced by the same model or as close to the DJI Phantom 

Professional 3. 

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall keep the

following records for the periods specified in paragraph (b) of this section: 

Reason for relief: Due to the popularity, simplicity, size and limitation of the Phantom Professional 3 

this could become an overburden for the owner/operator and any regulating agency. 

Action: All photo flights for hire would have the date, time, GPS coordinates along with the camera 

metadata recorded on a hard drive and also backed up to a DVD. This data would be kept readily 

available for a period of 1 year after each aerial flight for hire.
Public Interest: Granting my request would be in the public interest by giving an opportunity for real 

estate photographers to offer safer and more competitively priced aerial photography and videography 

to the general public. 

Adversely affect safety: This exemption would not adversely affect the safety of the general public 

due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial photography from 

a manned aircraft, low altitude photography from a UAS would be safer and have less of an 

environmental impact. 

Additional view/comments. As a competent photographer the need to offer photography from a UAS 

is something that will help my business and clients. I am in hopes that this exemption is granted so that

I can assist in the ground floor education and lead by good example for the good of the people. 

The DJI PHANTOM PROFESSIONAL 3 will not be flown at night and never in the flight path of 

manned aircraft. The first condition listed to always keep visual eye contact on the 22mm LED flight 

indicator is probably the most important. My main objective is to offer aerial real estate 

photography/videography at a competitive rate for the general public in the safest way possible.

Respectfully,

Justin Mashuta

69 Bel Aire Dr.

Mystic, CT 06355

CELL: 860.884.4811