By letter dated June 30, 2015, Mr. Brad South, Owner, of Brad South Photography, 9407 Jamaica 

Beach, Galveston, TX 77554 petitioned the Federal Aviation Administration (FAA) for an exemption 

from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 

91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 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). The proposed exemption 

would allow BSP to operate the PHANTOM 3 quad-copter unmanned aircraft system (UAS) to

conduct aerial videography, cinematography and real estate photography to enhance academic 

community awareness for those individuals and companies unfamiliar with the geographical layout of 

the metro Tucson area and augment real estate listing videos and photos.

The petitioner supports his request with the following information:

The petitioner has provided the following information – contained in his petition and supporting 

documentation including: 1) Supplemental Response for Petition, 2) PHANTOM 3 Flying Flow Chart 

V1.0 (Simplified Version), PHANTOM Quick Start Manual v1.7, PHANTOM Advanced Manual v.1.4, 

3) PHANTOM 3 + User Manual 4) restricted areas map, 5) personal protocols and controls, and 6) 

Safety/Flight Manual (all hereinafter referred to as operating documents).

The FAA has organized the petitioner’s information into four sections: 1) the unmanned aircraft 

system (UAS), 2) the UAS Pilot In Command (PIC), 3) the UAS operating parameters and 4) Public 

Interest.

Unmanned Aircraft System

The petitioner states he plans to operate a UAS, the PHANTOM 3, which is comprised of an 

unmanned aircraft (UA or PHANTOM) and a transportable ground station.

The PHANTOM 3 is referred to as a quad-copter with a maximum gross weight of about 3 pounds. It 

is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a 

maximum airspeed of 30 knots. Petitioner plans to attach a small ultra-6 lightweight GoPro 4+ 

camera to his UA and operate the UA over various areas near Galveston, Texas to enhance 

academic community awareness and augment real estate listing videos and photos.

Petitioner makes the following representations of operational enhancements which he proposes to 

abide by to ensure this exemption will provide a level of safety at least equal to existing rules:

• He will only operate in reasonably safe environments that are strictly controlled, are away from

power lines, elevated lights, airports and actively populated areas; and

• He will conduct extensive preflight inspections and protocols, during which safety carries primary 

importance.

The petitioner states that given the size, weight, speed, and limited operating area associated with 

the aircraft to be utilized by him, an exemption from 14 CFR part 21, Subpart H (Airworthiness 

Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and 

limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR 

part 11 and Section 333 of P.L. 112-95 (Section 333).

Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not have a 

cabin, cockpit or pilot station on which to mark certain words or phrases. Further, he states that twoinch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal 
lettering requirement. Regardless of this, petitioner states that he will mark his UAS in the largest 

possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that 

he or anyone assisting him as a spotter will see the markings.

The petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) Maintenance inspections may be required and should be granted since they only apply to 

aircraft with an airworthiness certificate. However, the petitioner states as a safety precaution he will 

perform a preflight inspection of his UAS before each flight as outlined in his operating documents.

UAS Pilot in Command (PIC)

The petitioner asserts that under § 61.113 (a) and (b) private pilots are limited to non commercial

operations, however he can achieve an equivalent level of safety as achieved by current regulations 

because his UAS does not carry any pilots or passengers. Further, he states that, while helpful, a 

pilot license will not ensure remote control piloting skills. He further indicates that the risks of 

operating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 

CFR part 61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges and 

Limitations: Pilot in command.

Regarding UAS operational training, the petitioner states he has flown numerous practice flights in 

remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with 

the characteristics of his UAS’ performance under different temperature and weather conditions. He 

further states that he practices computerized simulated flights to maintain adequate skills and 

response reflex time.