December 11, 2015

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue

SW Washington, DC 20591

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

Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121;

91.151{a); 91.405{a); 91.407(a)(1); 91.409(a)(1) and {2}; 91.417{a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Jonathan Elwell, operator of an

Unmanned Aircraft System (UAS), hereby apply on behalf of JE Productions, for an exemption from the

listed Federal Aviation Regulations (“FARs”) to allow commercial operation of my 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.

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b),

91.7(a), 91.9(b)(2), 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). This proposed

exemption would allow the operation of unmanned aircraft systems (UAS) for the purpose of aerial

videography for weddings and other video projects.

Applicant: Jonathan Elwell, Owner

JE Productions

634 Naylors Run Road

Havertown, PA 19083

jonathan@jeproductions.net (484)-682-3010

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

would operate in the following manner:

• Aerial video and/or photography for public and/or private use including wedding videography and 

related activities

• Aerial video and/or photography for public and/or private use including other video projects

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 responsibilities to “....establish requirements for the safe operation of such aircraft

systems in the national airspace system.”
As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a DJI Phantom 2

UAS. We will operate a UAS, the DJI Phantom 3 Standard, which is comprised of an unmanned aircraft

(UA or Phantom), an attached 2.7K camera and a transportable ground station. The PHANTOM 3 is a

quadcopter with a gross weight of 2.7 pounds. It is equipped with four rotors that are driven by electric

motors powered by lithium polymer (LiPo) batteries. The UA has a maximum airspeed of 16 m/s. It will

be operated around and over various metropolitan areas, primarily around Philadelphia, PA, to capture 

general footage of wedding venues and events, and for other video projects as they arise.

UAS Operating Parameters 

We will abide by the following additional operating conditions under this exemption, which ensures a

level of safety at least equal to existing rules:

• Operate UAS below 400 feet and within a radius distance of 1000 feet from the controller to aid in

direct line of sight visual observation;

• Obtain permission from the owner/controller of any vessels, vehicles and structures when operations

may be conducted closer than 500 feet to any such vessels, vehicles or structures; we will conduct a

safety assessment of the risk of operating closer to those objects and determine that it does not present

an undue hazard;

• Operate the UAS for no more than 10-15 minutes per flight (battery life is 24 minutes max);

• Land UAS prior to the manufacturer’s recommended minimum level of battery power;

• Operate UAS during daylight hours only within visual line of sight (VLOS);

• Use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly

lands if communication with the remote control pilot is lost;

• Conduct all operations under the flight safety protocols (including posting a warning sign reading:

“Attention Aerial Photography in Progress – Remain Back 150 feet”) contained in the operating

documents and will actively analyze flight data and other sources of information to constantly update

and enhance safety protocols;

• Contact respective airports if operations will be within 5 miles to advise them of: estimated flight time,

flight duration, elevation of flight and other pertinent information;

• Always obtain all necessary permissions prior to operation; have procedures in place to abort flights in

the event of safety breaches or potential danger;

• Only operate in safe environments that are strictly controlled, are away from power lines, elevated

lights, airports and densely populated areas (defined by areas depicted in “yellow” on VFR charts and

through obtaining information regarding congested areas from the local Flight Standards District Office

(FSDO);

• Conduct extensive preflight inspections and protocols, during which safety carries primary importance

(reference Phantom Flying Flow Chart and User Manual).

Regarding UAS operational training, we have flown numerous practice flights in remote areas and under 

varying conditions as hobbyists simulating flights for future commercial use to gain familiarization with

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

Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 14 CFR

61.51(b), 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. The PIC will also have accumulated and logged a minimum of 5 hours as a UAS

pilot operating the same make and model of UAS to be used for operations. In addition to the hour

requirements, the PIC will accomplish 3 take---offs and landings in the preceding 90 days (for currency

purposes) prior to any flight.
Specific Exemptions Requested 

Given the size, weight, speed, and limited operating area associated with the UA, we feel 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).

We request an exemption from §45.23 Marking of the aircraft because the UA will not have a cabin,

cockpit or pilot station on which to mark certain words or phrases. Further, the two inch lettering is

difficult to place on such a small aircraft with dimensions smaller than the minimal lettering

requirement. Regardless of this, we can mark the UAS in the largest possible lettering by placing the

word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings.

We request an exemption from §91.7(a) which prohibits the operation of an aircraft without an

airworthiness certificate, since there is currently no certificate applicable to our operation, this

regulation is inapplicable.

We request an exemption from §§91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b)

Maintenance inspections since they only apply to aircraft with an airworthiness certificate. However, as

a safety precaution we will perform a preflight inspection of the UAS before each flight as outlined in the

attached operating documents.

We request an exemption from §91.9(b)(2) which requires an aircraft flight manual in the aircraft,

however since there are no pilots or passengers on board the aircraft and given its size, this regulation is

inapplicable. We believe an equivalent level of safety will be achieved by maintaining a safety/flight

manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil

aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not

operate our UAS above the altitude of 400 feet above ground level (AGL) and will also only operate in

safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or

below those in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and speed

of the UAS, an equivalent or higher level of safety will be achieved.

We request an exemption from §91.121 Altimeter settings as it is inapplicable since the UAS utilizes

electronic GPS with a barometric sensor.

We request an exemption from §91.151(a) Fuel requirements for flight in VFR conditions.

The UAV is 100% electric and two low battery alerts are issued per the operating documents, the UAV

will be landed at the first alert. Also, our flights will last only 10-15 minutes each, and the UAS has an

automated function, which results in immediate landing when a low battery is detected. The PIC

will not begin a flight unless (considering wind and forecast weather conditions) there is enough power

to fly to the first point of intended landing and, assuming normal cruising speed, land the UA with 30%

battery power remaining.
Public Interest 

Aerial videography for small production videos is a growing industry, and can greatly increase 

production value. Before the advent of small, safe UAVs aerial footage was literally ‘out of reach’ for 

small production companies due to cost, legal implications, and the scale at which we operate. By 

granting us this exemption I would be able to greatly enhance my client’s final products without greatly 

increasing cost.

Further, the small UAS will pose no threat to the public given its small size and lack of combustible fuel

when compared to larger manned aircraft. Public and private events serviced by our business enhance

vibrancy and add culture to the community and its citizens. Also many clients are non-profits that will 

able to better spread their message and service with videos of higher caliber that using aerial footage 

will enable us to provide.

Summary 

We will comply with all of the following conditions and limitations should this exemption be provided:

1) Operations will be limited to the following aircraft described in the operating documents, which is a

quadrotor aircraft weighing 2.7 pounds: Phantom 3 Standard Unmanned Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 30 knots.

3) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL) - All

altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated within the visual line of sight

(VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at all times. The PIC

will be designated before the flight and will not transfer his or her designation for the duration of the

flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made available to the 

operator and other administrators whenever needed.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the

inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated

until the necessary maintenance has been performed and the UAS is found to be in a condition for safe

flight. The Ground Control Station will be included in the preflight inspection. All maintenance and

alterations will be properly documented in the aircraft records.

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

replacement of a flight critical component, will undergo a functional test flight in a remote area. The PIC

who conducts the functional test flight will make an entry in the aircraft records.

9) The preflight inspection section in the operating documents will account for all discrepancies, i.e.

inoperable components, items, or equipment, not already covered in the relevant sections of the

operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement,

inspection, and life limit requirements.

11) We will carry out maintenance, inspections, and record keeping requirements, in accordance with

the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records,

including total flight hours, description of work accomplished, and the signature of the authorized

person returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective action taken against

discrepancies discovered between inspections.
14) Prior to operations conducted for the purpose of aerial videography/photography and for wedding 

other and public and private event videos and similar operations, the PIC 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 multirotor UAS.

15) Prior to operations conducted for the purpose of aerial videography/photography and for real estate

listing videos and public and private events and similar operations, the PIC will have accumulated and

logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the

make and model of the UAS to be used in operations. The PIC will accomplish 3 take---offs and landings

in the preceding 90 days.

16) The PIC will not operate the UAS for the purpose of aerial videography/photography and wedding, 

public and private events and similar operations, unless the PIC has demonstrated and logged in a

manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent

with the operating documents, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

17) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be

conducted under visual meteorological conditions (VMC).

18) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a current

FAA---published aeronautical chart.

19) The UA will 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.

20) If a UA loses communications or loses its GPS signal, it will return to a predetermined location within

the planned operating area and land or be recovered in accordance with the operating documents.

21) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with

the operating documents.

22) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is

enough power to fly at normal cruising speed to the intended landing point and land the UA with

30% battery power remaining.

23) Before conducting operations, the radio frequency spectrum used for operation and control of the

UA will comply with the Federal Communications Commission (FCC) or other appropriate government

oversight agency requirements.

24) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground

Control Station of the UAS any time the UAS is operating. These documents will be made available to the

administrator or any law enforcement official upon request.

25) The UA will remain clear and yield the right of way to all manned aviation operations and activities

at all times.

26) The UAS will not be operated by the PIC from any moving device or vehicle.

27) The UA will not be operated over congested or densely populated areas.

28) Flight operations will 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. We will 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such

vessels, vehicles or structures has granted permission 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, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue

hazard to those persons per § 91.119(a).
29) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office

(AFS---80) within 24 hours. Accidents will be reported to the National Transportation Safety Board

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

If you have questions or need additional information, please contact me at

jonathan@jeproductions.net | (484)-682-3010

Thank you,

Jonathan Elwell, Owner

JE Productions