Petition for Exemption

Richard J. Formica

Formica Aerial Videography (FAV)

328 N. 10th St. 

San Jose, CA 95112

formicafav@icloud.com

(707) 365-5347

To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act), and 14 C.F.R. Part 11, Richard J. Formica, a freelance multimedia producer, hereby 

applies for an exemption from the Federal Aviation Regulations (FARs) listed below to 

allow operation of his small Unmanned Aircraft System (UAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA), so long as such operations are 

conducted with and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333. 

The requested exemption would permit Richard J. Formica to pursue his commercial 

interests in providing services to clients for profit using a small advanced UAS in the 

following areas: aerial photography, aerial cinematography, real estate, and special events 

to include but not limited to weddings, private or public parties/events, business 

advertising, and promotional events. Richard J. Formica states that all UAS flights will 

occur over private or controlled access property and will do so with the property owner's 

consent and knowledge, and that only people who have consented or otherwise have 

agreed to be within the UAS’ radius during filming and photography applications. 

Richard J. Formica has demonstrated the ability to safely and effectively operate and fly 

the UAS DJI Phantom 3 Professional Quad copter aircraft, which will be used for all 

commercial and private purposes. Richard J. Formica complies with local ordinances and 

laws regarding the operation of UAS, and adheres to all weather and environmental 

restrictions or limitations in reference to the operations of UAS. All flights will occur in 

ordinance with any state or local laws regarding privacy. 

I, Richard J. Formica, am seeking the exemption because I am committed to complying 

with all of the rules, guidelines, limitations, and future legislation set forth by the FAA. I 

agree to operate the UAS in the manner that I have described, and for the purposes that I 

have described. Without the exemption request granted, I would be unable to safely and 

effectively run my business, and it is my intention to comply with the FAA and obtain an 

exemption of the following regulations. 

The following contains my list of regulations from which I am seeking exemption, and a 

complete list of responsibilities I assume as operator; it also contains information 

regarding the aircraft, public benefit and safety features, and similar petitions requests 

granted. 
Regulations from which exemption is requested: 

14 C.F.R. Part 21

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. 91.109

14 C.F.R. 91.119 

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b) 

14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 - 91.417 

I, THE OPERATOR, ASSUME THE FOLLOWING RESPONSIBILITIES:

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 4 

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 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 

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 FAApublished 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. 6

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.

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. 

SIMILAR EXEMPTIONS 

They are similar in all/or many material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213 

Public Benefit and Safety 

Unmanned Aircraft System UAVs are often seen as superior to helicopters as an aerial 

video gathering platform due to the smaller devices cheaper equipment and personnel 

cost, reduced noise and as such, a much smaller environmental impact which promotes 

public safety. Richard J. Formica is petitioning for an exemption to operate a DJI 

Phantom 3 Professional with a built-in stabilized HD camera and GPS safety features 

which limit its ability to limit the height it flies above ground level (AGL), to limit the 

radius of the distance it flies from the operator and to exclude it from operations within 

designated Class B, C and D airspace including a no-fly zone feature. 

The DJI Phantom 3 Professional also has a failsafe function that is triggered in the event 

communication is lost between the UAS and the main controller transmitter. At that time, 

the UAS will return to its point of takeoff and land safety. If the connection is restored, 

the PIC can regain control of flight and land manually. 

These specifications meet with the Model Aircraft Operating Standards as set below: 

The petitioner will only operate its UAS in line-of-sight of a pilot and/or observer and 

will operate at sites that are sufficient distance from populated areas within the sterile 
area described in the FOPM. Such operations will ensure that the UAS will "not create a 

hazard to users of the national airspace system or the public." 

When flying the UAS within three (3) miles of an airport, airport operators will be 

notified and the operator will give the right-of-way to avoid flying in the proximity of 

full-scale aircraft. Maximum flight time for each operation will be 30 minutes.

Flights will be terminated when battery levels reach 25%, allowing sufficient reserve

flight time to safely land the UAS. 

The UAS will be programmed so it will not be operated at an altitude that exceeds 

400 feet AGL, and not more than 200 feet above an elevated platform from which 

videography is planned

Minimum crew for each operation shall consist of: UAS pilot, a visual UAS 

observer, and the camera operator. 

The UAS PIC will be an FAA licensed airman holding a minimum of a Private Pilot 

certificate and a current FAA medical certificate. 

The UAS operated by the petitioner weighs less than 25 pounds, including all payload 

(i.e. camera, lens, and stabilized gimbal).

The UAS will operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally.

Given the small size of the UAS and the restricted sterile environment within which it 

will operate, SkyVideoCT’s operations adhere to the Reform Act's safety requirements. 

I have included links to the Phantom 3 Professional User Manual, Quick Start Guide, and 

the Intelligent Flight Battery Safety Guidelines for your reference. 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4

_en_0915.pdf

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide

_en_v1.2.pdf

http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Guidelines

_en.pdf

If you have any questions or concerns, please feel free to contact me. I truly appreciate 

your consideration. 

Sincerely, 

Richard J. Formica