UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC.

REGARDING THE PETITION FROM:

KEVIN BLACKBURN PHOTOGRAPHY

FOR AN EXEMPTION SEEKING RELIEF 

FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF 

FEDERAL REGULATIONS (14 CFR) PART 21

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). 

CONCERNING OPERATION OF SMALL UNMANNED AIRCRAFT SYSTEMS (sUAS) PURSUANT 

TO SECTION 333 OF THE FAA

MODERNIZATION AND REFORM ACT OF 2012 Regulatory

Docket No. _______________

Submitted Electronically on January 6, 2016

William Kevin Blackburn

Kevin Blackburn Photography

The Blackburn Gallery a Fine Art Gallery

UAS Certificate # FA3TEM93ML

PO Box 412 Waynesboro Va 22980

8 Emerald Heights Drive Fishersville Va 22939
Glossary of Abbreviations & Terms 

2D/3D Two‐Dimensional and Three‐Dimensional

AGL Above Ground Level 

AMA Academy of Model Aeronautics 

C.F.R. Code of Federal Regulation 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot in Command 

sUAS Small, Unmanned Aircraft Systems 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VLOS Visual Line of Sight 

VFR Visual Flight Rules 

VO Visual Observer

RTB Return to Base

List of Attachments The following attachments are referenced in the request for exemption which follows. These 

documents provide additional evidence in support of Kevin Blackburn Photography’s petition to the FAA. 

Phantom 3 User Manual
Exemption Request From Kevin Blackburn Photography

06 January 2016

United States Department of Transportation 

Docket Operations 

West Building Ground Floor Room W12‐140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Pursuant To Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112‐95 February 14, 

2012 

 I, William Kevin Blackburn, am writing on behalf of my company, Kevin Blackburn Photography , regarding the FAA Modernization and 

Reform Act of 2012 (Reform Act) and the procedures contained within 14 C.F.R. 11, with a request to be exempted from Part 21, as 

well as other sections of Title 14 of the Code of Federal Regulations, as described in the following pages. The requested exemption will 

allow Kevin Blackburn Photography's Pilot to operate small, unmanned aircraft systems (sUAS) commercially in airspace regulated by 

the Federal Aviation Administration (“FAA”). 

 I plan to combine my skills in aerial imaging and computer animation to provide two‐dimensional (2D) visualization services to support 

various industries including, but not limited to, property development, historic preservation and accident reconstruction as well as site 

planning for new construction and will allow us to create visual documentations of an entire build project from site plan to completed 

project. We will also seek to provide imaging for completed projects for client documentation and marketing purposes. For example, 

our specialized services will enable property developers and general contractors to pre‐visualize their construction projects by adding 

2D aerial images and videos. Our service offerings will also enable historians and curators to visually recreate historic sites, events and 

other attractions. Additionally, our services will assist insurance and law enforcement professionals with reconstructing accident 

scenes using 2D aerial simulations.

Recognizing the tremendous need, as well as the many public benefits associated with offering such services, I am moving forward 

with my business plans, which include seeking and securing an exemption to commercially operate our sUAS in accordance with the 

FAA’s safety standards and regulations.

We believe the operations proposed in the petition which follows will fully qualify for approval under Section 333 of the Reform 

Act. Under this proposal Kevin Blackburn Photography's Pilot would be permitted to use small, unmanned aerial systems (sUAS) under 

controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to access, and; (4) would provide an increased 

level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose. 

 Kevin Blackburn Photograph's Pilot will utilize small, multi‐rotor quad copters, equipped with digital cameras. The units will be 

operated under normal, daytime conditions at a speed of no more than 30 knots. The sUAS will always be operated within the visual 

line‐of‐sight (VLOS) of the pilot in command (PIC) and within a controlled area. Such operations will insure that the sUAS will "not 

create a hazard to users of the National Airspace System or the public."

 Our petition for exemption is submitted under the authority of the FAA Modernization and Reform Act. Under this Act, Congress 

directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Under 

Section 333 of this law, the Reform Act directed the Secretary of Transportation to consider whether certain unmanned aircraft systems 

may operate safely in the National Airspace System ("NAS") before completion of the rulemaking required under Section 332 of the 

Reform Act. 

 According to the Reform Act, the Secretary has the authority to grant exemptions from its safety regulations and minimum standards 

when a requested exemption is deemed to be in the public interest. Anyone requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and; (2) would not adversely affect safety. Based on this exemption process, I 

submit the following petition for your consideration.

William Kevin Blackburn 

Kevin Blackburn Photography

The Blackburn Gallery a Fine Art Gallery 

UAS Certificate # FA3TEM93ML

PO Box 412 Waynesboro Va 22980

8 Emerald Heights Drive Fishersville Va 22939
Proposed Small, Unmanned Aircraft Systems (sUAS)

Kevin Blackburn Photography's Pilot proposes to utilize a DJI PHANTOM 3 UAVs for capturing digital images. These 

multi‐rotorcraft sUAS have four motors and propellers in a quadcopter configuration weighing roughly 3 to 7 pounds, 

including camera and payload. This unit is equipped with an onboard computer stabilization controller and Global 

Positioning System (GPS). The PHANTOM 3 provide the pilot in command (PIC) with an ability to hover and move in 

vertical and horizontal planes, both independently and simultaneously. The proposed aircraft also feature a software 

application that allows the PIC a means of monitoring the flight’s performance via a smart phone or tablet. For example, 

the app provides the PIC with a real time display of the altitude, battery life, GPS connections and camera view. This 

Aircraft also has many safety features built in such as GPS navigation tracking and GPS safe return to home features 

should there be a loss of RC commuications

Seeking exemption from the following Requirements

14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA).

Aircraft being used DJI Phantom 3 Advanced AC SN P76DCH12A10340

Aircraft Basic Specifications and Features 

Item Includes

Propeller Wrench - 4x Sticker (Silver, Red, Blue, Pink) - 3-Axis Gimbal - FHD Video Camera

Aircraft: Diagonal Size

590mm / 23.23" (Including Propellers)

Aircraft: Max.Ascent Speed

5m/s

Aircraft: Max.Descent Speed

3m/s

Aircraft: Hover Accuracy

Vertical: +/- 10cm

Horizontal: +/- 1m

Aircraft: Max.Speed

16m/s(ATTI mode, no wind)
Aircraft: Altitude Above Sea Level

6000m (Max.)

Aircraft: Max.Flight Time

23minutes (Approxi.)

Aircraft: Operating Temperature

0 to 40 deg. C / 32 to 104 deg. F

Aircraft: GPS Mode

GPS/GLONASS

Gimbal: Angular VibrationRange

Pitch:-90 deg. to+30 deg.

Gimbal: Stabilization

3-axis (pitch, roll, yaw)

Vision Positioning: Velocity Range

<8m/s (Altitude 2m)

Vision Positioning: Altitude Range

30 to 300cm / 11.81 to 118.11"

Vision Positioning: Operating Range

30 to 300cm / 11.81 to 118.11"

Vision Positioning:Operating Environment

Surface with clear pattern and adequate lighting(Lux > 15)

Camera: Sensor

Sony EXMOR 1/2.3" Effective pixels: 12.4M (total pixels: 12.76M)

Camera: Lens

FOV (Field Of View) 94 deg. 20 mm (35 mm format equivalent) f/2.8

Camera: ISO Range

100-3200(video) 100-1600(photo)

Camera: Electronic Shutter Speed

8s-1/8000s

Camera: Image Max Size
4000x3000

Camera: Still PhotographyModes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

Time-lapse

Camera: Video Recording Modes

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Camera: Max Bitrate of VideoStorage

60Mbps

Camera: Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Camera: Supported SD Card Types

Micro-SD, Max. Capacity: 64GB. Class 10 or UHS-1 rating required

Camera: Operating Operating

0 to 40 deg. C / 32 to 104 deg. F

Remote Controller: Operating Frequency

2.400GHz to 2.483GHz

Remote Controller: Transmitting Distance

Maximum: 2000km (outdoors and unobstructed)

Remote Controller: Video Output Port

USB

Remote Controller: Operating Temperature

0 to 40 deg. C / 32 to 104 deg. F

Remote Controller: Battery

6000mAh LiPo 2S

Remote Controller: Mobile Device Holder

Tablets and smartphones

Remote Controller: Receiver Sensitivity
101dBm +/-2dBm (1%PER)

Remote Controller: EIRP

FCC: 20dbm; CE: 16dbm

Remote Controller: Working Voltage

1.2A at 7.4V

Charger: Voltage

17.4V

Charger: Rated Power

57W (Phantom 3 Advanced)

Intelligent Flight Battery: Capacity

4480mAh

Intelligent Flight Battery: Voltage

15.2V

Intelligent Flight Battery: Battery Type

LiPo 4S

Intelligent Flight Battery: Energy

68Wh

Flight Battery: Operating Temperature

-10 to 40 deg. C / 14 to 104 deg. F

Flight Battery: Max. Charging Power

100W

App/Live View: Mobile App

DJI Pilot

App/Live View: EIRP

100mW

App/Live View: Live View Frequency

Working: 2.4GHz ISM

App/Live View: Live View Quality

720P at 30fps (depending on conditions and mobile device)
App / Live View: Latency

220ms (depending on conditions and mobile device)

App / Live View: Required OS

iOS 8.0 or later

Android 4.1.2 or later

App / Live View: Recommended Devices

iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + Cellular, iPad mini 2, iPad mini 2 Wi-Fi + Cellular, 

iPad Air 2, iPad Air 2 Wi-Fi + Cellular, iPad mini 3 and iPad mini 3 Wi-Fi + Cellular. This app is optimized for iPhone 5s, 

iPhone 6 and iPhone 6 Plus

Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3, Nubia Z7 mini

Support for additional Android devices available as testing and development continues

Weight

Aircraft including Battery: 1280g / 45.15oz

Intelligent Flight Battery: 365g / 12.88oz

SPECIFICATIONS CONTINUTES

DJI Phantom 3

With the integrated 4K or HD camera in Phantom 3, you're creating amazing photos and video of everything you see. A 

live HD view lets you truly experience flight and see everything from your camera in real time. The upgraded flight system 

helps you fly and the dedicated remote controller and mobile app put complete control in your hands.

There are two Phantom 3 models: Phantom 3 Professional and Phantom 3 Advanced.

New Camera Design

Imagine amazing, immersive footage at your fingertips. Imagine capturing content fit for the big screen, with crisp images, 

beautiful resolution and vivid colors. With an integrated, stabilized camera, your Phantom 3 brings all of this and more into 

your life. Built entirely from the ground up to work specifically with your Phantom 3, this combination of top-level imaging 

and flight technology has never before been achieved. The Phantom 3 Professional comes with a 4K camera, while the 

Phantom 3 Advanced shoots 1080P HD.

Easy-to-Fly Design

Your Phantom 3 fits into your life and makes flying remarkably intuitive and easy. From takeoff to landing, your Phantom 3 

is completely under your control, responding to your commands while automatically handling the most complex controls 

needed for stable flight. Maintaining stable flight and complete control is crucial to every successful flight. The Phantom 3

contains the best, newest DJI flight technology, giving you an experience with full, automatic intelligent support. These 

systems help you fly better and safer and are designed so that you never have to think about them at all.

Live HD View

Experience a new view of your world, over long distances and in real time. Simply connect your phone or tablet and you 

have a live 720P HD view of everything your camera sees as you fly. This immersive view streams to you in absolute 

clarity, enabling you to get that perfect shot and experience flying in a unique way.

Powerful Mobile App & Quick Editing

Complete power is at your fingertips. Control the camera and change flight settings, all from your mobile device. Plus:

• Automatic video editor that helps piece together your best footage in seconds

• Ability to livestream your flights to YouTube for all to see

• Live map that tracks your Phantom 3 at all times

• User-friendly interface for adjusting full camera and flight settings

The DJI Pilot app is advanced, flexible and unbelievably powerful. This iOS and Android-compatible app puts you in the 

pilot's seat.

Complete Control

Keep your Phantom 3 fully under your command while accessing the most-used features with the included remote 
controller. This crucial piece of your flight experience has been engineered specifically for flying platforms and makes 

every flight easy, safe and intuitive. With sensitive control sticks, dedicated buttons and over 1.2 mile (2km) range, your 

customizable Phantom 3 remote controller gives you a completely new way to fly and interact with your Phantom. 

Ergonomically built to fit perfectly in your hands, your remote gives you the confidence to fly in the way you want.

Worry-Free Autopilot

Automatic elements of your Phantom 3's advanced flight system help you fly and are available at the tap of a button.

• Auto-Takeoff: With one tap in the DJI Pilot app, your Phantom 3 will turn on its motors and raise to a pre-set height. It will 

then hover in place, completely motionless until you direct it where to go.

• Auto-Landing: When GPS is available, your Phantom 3 remembers the exact spot that it took off. No matter how far 

away you are, tap a button to have it return right back to where it took off.

• Failsafe: When the Intelligent Flight Battery is running low or if your Phantom 3 loses the connection with your remote 

controller for any reason, it is programmed to automatically return to the takeoff point and land safely.

Intelligent Battery

Higher voltage, more energy and more power combine give you a greatly improved flight experience. This upgraded 

Intelligent Flight Battery has built-in sensors that let you know the status of your battery in real time, so you always know 

how long you can keep flying and when it's time to recharge. Recharging is fast and easy with the included charger, with 

substantially reduced charge times exclusive to the Phantom 3 Professional.

Unmatched Propulsion

Each motor has the power and precision needed to give you the best flight experience possible. Brushless motors 

combine with lightning-fast ESCs to make your Phantom 3 more agile, more responsive and faster.

Vision Positioning

Fly indoors, low to the ground and in GPS-free areas with Vision Positioning technology. Visual and ultrasonic sensors 

scan the ground beneath your Phantom 3 for patterns, enabling it to identify its position and move accurately.

SDK Development

Have a new idea that requires a view from the sky? Develop your own app by using the DJI Software Development Kit. 

The Phantom 3 platform is fully open and allows you to program apps that:

Control the Camera:

Take pictures, record video and control camera tilt and settings, all based on your app's needs.

Access Real-Time Footage:

Record and analyze your Phantom 3's live HD video stream. Use this real-time visual information to make your app more 

powerful and useful.

Gather Flight Data:

Full flight telemetry, including the Phantom 3's live altitude, speed, distance and more, is available to your app.

Follow Me

Program your Phantom 3 to act as your own personal, flying film crew.

Ground Station

Set waypoints and assign automatic actions for your aircraft to follow.

Point of Interest

Select a location or object to focus on and the Phantom 3 will continuously face it, no matter how you fly.
The specific sections of Title 14 of the Code of Federal Regulations from which Kevin Blackburn Photography

requests exemption: 

Kevin Blackburn Photography requests 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.

The Extent of Relief Kevin Blackburn Photography Seeks and the Reason it seeks such Relief:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificate, and 14 C.F. R. Section 91.203(a) & (b): Carrying Civil Aircraft 

Certification and Registration.

We are seeking an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for 

issuing and displaying airworthiness certificates as required by 14 C.F.R. Sections 91.203 (a) & (b). At the present time, 

no such certificates are available to be issued for airworthiness of the sUAS devices utilized by Shutter 

Pilots. Furthermore, the small size of the aircraft, coupled with the limited surface area, makes it impractical to display 

such documentation on the sUAS itself. Also, since the sUAS is unmanned, it is unnecessary to display a certificate for 

passengers or crew as required by Section 91.203(b). Furthermore, due to the size, weight, speed and limited operating 

area associated with these aircraft, we request the FAA determine that these aircraft meet the conditions of Section 333. 8

Equivalent Level of Safety 

We contend that granting this exemption will not adversely affect safety or pose a threat to national security for the 

following reasons:

 The sUAS to be operated by Shutter Pilots weigh less than 7.0 lbs. fully loaded, carry neither a pilot nor passenger, 

carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured and controlled area.

 Our proposed operations will be controlled and monitored by the Pilot in Command (PIC) in accordance with the 

Operator’s Manuals (Attachments C and E). An equivalent level of safety will be achieved by keeping the Operator’s 

Manual documents at the ground control point where the Pilot in Command (PIC) flying the sUAS will have immediate 

access to assure airworthiness. 

The FAA has issued numerous exemptions to this regulation. Examples of such exceptions include: #9565, #9665, #9789, 

#9789A, #9797, #9797A, #9816A, and #10700. 

14 C.F.R. Section 45.23(b): Aircraft Marking and Identification Requirements 

We are seeking an exemption from the aircraft marking and identification requirements of 14 C.F.R. Section 45.23(b). We 

believe this exemption is justified because the proposed sUAV has no entrance to a cabin, cockpit, or pilot station on 

which the required words could be placed. Also the required size of the letters being 2” – 6” high exceeds the available 

space on the PHANTOM 3. Due to these limitations, we request relief from the associated marking and identification 

requirements of Section 45.23(b).

Equivalent Level of Safety 

We propose an equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 

45.23(b) by having the PHANTOM 3 identified on the aircraft 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 with the largest lettering 

possible. Additionally, Kevin Blackburn Photography will ensure compliance with any future requests of sUAS marking by 

the FAA. 

The FAA has issued the following exemptions to the aircraft marking requirements of Section 

45.23(b): #10700, #8738, #10167 and #10167A. 

14 C.F. R. Section 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command
We are seeking an exemption from private pilot regulation on the basis that the PHANTOM 3 will be operated within 

controlled and restricted areas, and all flights will be planned and coordinated in advance, thus making a commercial pilot 

certificate unwarranted. 9 Additionally, the skills required to fly a sUAS such as the ones proposed by Kevin Blackburn 

Photography are considerably different than the skills required of a certified commercial pilot.

Furthermore, Section 61.113(a) limits private pilots to being in command of non‐commercial flights. Section 61.113(b) 

provides for exceptions that allow a private pilot to command an aircraft without passengers or property, in connection 

with business or employment if "the flight is only incidental to that business or employment." This exception likely does not 

apply to the proposed operations under this petition for exemption since the flights are not incidental to the proposed 

aerial photography and video, but rather essential to it. Therefore, this petition seeks an exemption to § 61.113(a)'s 

commercial limitation and/or § 61.113(b)'s requirement that the flight be incidental to the business to benefit from the 

exception. 

Equivalent Level of Safety

Since our PHANTOM 3 aircraft will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

level of safety to § 61.113 (a) and (b), by requiring the PIC operating the sUAS to have training on operating the sUAS as 

defined in the PHANTOM 3 operations’ manuals (Attachment). Unlike a conventional aircraft that carry a pilot and 

passengers, the PHANTOM 3 are remotely controlled with no passengers on board. Furthermore, the risks associated 

with the operation of these sUAS are greatly reduced from the level of risk associated with commercial flight operations 

involving full‐sized aircraft. Lastly, Kevin Blackburn Photography's PIC and or on site observer/safety officer will have 

the final authority to abort any flight operation in the interest of safety. Abort signals will be determined ahead of time 

along with the observer/safety officer. In the event of signal loss, power loss, or mechanical failure, the PIC will keep the 

safety of property and people as the highest priority. The aircraft may be crashed, or destroyed, in the attempt to maintain 

safety.

14 C.F. R. Section 91.7(a): Civil Aircraft Airworthiness 

We are seeking an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be certified in an airworthy 

condition to be operated. Since there is currently no airworthiness certificate to be issued for the proposed sUAS, no FAA 

regulatory standard currently exists for determining airworthiness. Equivalent Level of Safety An equivalent level of 

safety will be provided by following the proposed sUAS operation’s manuals for maintenance.

Furthermore, the PIC will conduct thorough pre‐ and post‐flight checklists ( included in this request) to assure 

airworthiness of the aircraft.

The FAA has issued the following exemptions to this regulation: #8738, #9299, #9299A, #9565, #9565B, #10167, 

#10167A, #10602, #32827, and #10700. 10 

14 C.F. R. Section 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft 

We are seeking an exemption from Section 91.9(b)(2) which requires a flight manual be carried onboard all civil 

aircraft. Given its small size and load capacity, the proposed sUAS (PHANTOM 2 and INSPIRE 1) have no ability to carry 

such a manual on the aircraft itself, not only because there is no pilot on board, but because there is simply no room to 

carry such an item on the proposed aircraft. 

Equivalent Level of Safety

This requirement can be equally satisfied by keeping a copy of the sUAS (PHANTOM 3) operations/user manuals at the 

ground control point where the pilot flying the sUAS will always have immediate access to these documents. Thus, we 

request an exemption from § 91.9(b)(2)'s flight manual requirements, on the basis that the sUAS manuals be available at 

the control point during each operation.

The FAA has issued the following exemptions to this regulation: #8607,#8737, #8738, #9299, #9299A, #9565, #9565B, 

#10167, #10167A, #10602, #32827, and #10700. 

14 C.F. R. Section 91.103(b): Preflight Action
We are seeking an exemption from Section 91.103, which requires a PIC to become familiar with specific information 

before each flight, including information contained in the FAA‐ approved Flight Manual on board the aircraft. Since an 

approved FAA flight manual is not available for the proposed sUAS, an exemption is being sought. 

Equivalent Level of Safety

An equivalent level of safety will be provided by adopting and conducting a comprehensive pre‐ flight checklist as part of 

each flight (included in this request). The PIC will take all actions, including reviewing weather, flight battery requirements, 

landing and takeoff distances, and aircraft performance data, before initiating any and all flights. 

Furthermore, a briefing will be conducted by the PIC with the visual observer/camera operator and all others involved in 

the production activities.

14 C.F.R. Section 91.109: Flight Instruction 

We are seeking an exemption from 14 C.F.R. § 91.109, which provides that no person may operate a civil aircraft (except 

a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. 

Remote‐controlled aircraft, by their design, do not have fully functional dual controls as a norm. Instead, flight control is 

accomplished through the use of a control unit that communicates with the sUAS via radio frequencies. Duel control is 

technically feasible, but not standard for sUAS. 11 Equivalent Level of Safety Given the relatively small size and slow 

speed of the proposed sUAS, an equivalent level of safety training and flight instruction can still be performed without dual

controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away should the 

sUAS experience any difficulties during flight instruction. 

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for 

flight instruction in experimental aircraft. A representative sampling of such exemptions include #5778K & #9862A.

14 C.F. R. Section 91.119: Minimum Safe Altitudes

We are seeking an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. This section 

establishes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and 

away from any person, vessel, vehicle, or structure in non‐congested areas. Section 91.119(d) already allows helicopters 

to be operated at less than the minimums prescribed, assuming the pilot operating the helicopter complies with routes and 

altitudes assigned for helicopters by the FAA. We anticipate that our sUAS will routinely need to be operated within a 

range of approximately 50 ‐ 100 feet from the subject(s) being photographed or recorded. Accordingly, due to the nature 

of our proposed operations, the PIC and the designated observer may, at times, be less than 500 feet away from 

structures during the operation, and an exemption is therefore required. Lastly, we will operate our sUAS below 300 feet 

above ground AGL at all times. Equivalent Level of Safety When compared with flight operations involving aircraft 

weighting more than the maximum 55 lbs., along with the lack of flammable fuel, any risk associated with our proposed 

operations are far less than those presently conducted with conventional aircraft. A comparable level of safety will be 

achieved based on the small size, light weight, and relatively slow speed of our proposed sUAS, as well as the controlled 

locations where the aircraft will be operated. Our PHANTOM 3 will routinely be operated in a restricted area as set by the 

project perimeters, where people will not be exposed to operations without their pre‐approved consent. No flight will be 

taken without the permission of the property owner and/or local officials. Because of the advance notice to the property 

owner and participants, all affected individuals will be aware of the planned flight operations. Furthermore, by operating at 

such low altitudes, our proposed sUAS will not interfere with other aircraft that are subject to the minimum safe altitude 

regulations. 12 

14 C.F. R. Section 91.121: Altimeter Settings

We are seeking an exemption from 14 C.F.R. Section 91.121, which requires a person operating an aircraft to maintain 

cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric 

pressure. We are requesting an exemption to this requirement because the proposed sUAS does not have a barometric 

altimeter. Instead, the PHANTOM 3 use GPS‐based altitude display systems. 

Equivalent Level of Safety
An equivalent level of safety will be achieved by following the procedures contained in the PHANTOM 3 Operation’s 

Manuals (Attached). As prescribed in these Manuals, the operator will confirm the altitude of the launch site shown on the 

GPS altitude indicator before flight. Furthermore, the PIC will use the GPS altitude indicator to constantly monitor the 

sUAS’s height, thus ensuring operation at safe altitudes. 

14 C.F. R. Section 91.151(a): Fuel Requirements for Flight in VFR Conditions

We are seeking an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flights conducted under visual flight rules 

(VFR) conditions. Unlike civil aircraft, the proposed sUAS is battery‐powered, not fuel powered. Therefore, the 

requirements under Section 91.151(a) are not applicable to the PHANTOM 3 aircraft. The battery powering the proposed 

sUAS only has approximately 20‐30 minutes of powered flight, therefore an exemption from the 30‐minute reserve 

requirement is necessary. Additionally, we are not planning, nor proposing to fly our PHANTOM 3 at night. Equivalent 

Level of Safety An equivalent level of safety will be achieved by limiting our flights to under 25 minutes or 30% of battery 

power, whichever happens first. The proposed sUAS is programmed to automatically issue two “low battery” alerts – one 

at 30% power and one at 15% power. We will land either before or upon hearing the first alert that is issued at 30% power 

remaining. This restriction will be more than adequate to return our sUAS to its planned landing zone from anywhere 

within its limited operating area. Operating the PHANTOM 3 with less than 25 minutes of reserve battery does not 

compare to the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS. 

Furthermore, operation will be limited to controlled areas where only people and property owners, or official 

representatives who have signed waivers, will be allowed. This request for exemption falls within the scope of prior 

exemptions. A representative sample of such exemptions include: #10673, #2689F, #5745, #10673, and #10808. 13 14 

C.F. R. Section 91.405(a), 407(a)(1), 409(a)(2), 417(a) & (b): 

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b) Maintenance Inspections 

We are seeking an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 

91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance and inspection standards are only applicable to 

aircraft with an airworthiness certificate. Since the proposed sUAS will not have such a certificate, an exemption to this 

regulation is required.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with 

the PHANTOM 3 Operation’s Manuals. As provided in these manuals, the operator will ensure that the proposed sUAS 

are in proper working condition prior to initiating flight. We will routinely perform required maintenance and keep a log of 

any maintenance required. As the operator, we are most familiar with the aircraft and best suited to maintain the aircraft in 

an airworthy condition to provide the equivalent level of safety. If mechanical issues arise, our sUAS will land immediately.

Additionally, the UA's small size, carrying capacity, and the fact that flight operations will only take place in restricted 

areas for periods of time not to exceed 25 minutes or until 30% battery power remains, create less risk than the same 

factors associated with conventional fixed‐wing aircraft and rotorcraft performing the same operation.

How Kevin Blackburn Photography's Request will benefit the Public as a Whole:

Granting Kevin Blackburn Photography exemption will benefit the overall public interest in the following ways: 

 It will fill an emerging need in society for the provision aerial imaging services that provide businesses and professionals 

with realistic visualizations of both past and projected scenes. For example, it will provide numerous industries with new 

and innovative ways to visualize their property development projects ‐‐ whether it’s for construction projects, historical 

preservations, accident investigations or other yet‐to‐be determined needs. 

 The use of 2D and 3D modeling, animation and rendering has been used for decades in manufacturing, product 

development and creative services. As these visually‐ advanced techniques are combined with aerial imaging, Shutter 

Pilots will enhance the quality of the tools and outcomes available to clients in need of such services. 

 The work products which will be produced by Kevin Blackburn Photography will provide other aerial imaging companies 

with examples for how they too can fill this emerging need. The provision of 2D and 3D solutions using aerial imagery will 
continue to grow as the FAA opens the door to other aerial imaging providers who abide by high standards of safety and 

quality. Beyond the specific benefits associated with providing 2D and 3D solutions using aerial imagery, the granting of 

Kevin Blackburn Photography's exemption request will also provide the following general public benefits: 

 The operation of ultra‐light, UAS aircraft significantly improves public safety and reduces risks by alleviating human 

exposure to the dangers associated with current aerial image capture methods ‐‐ namely, full‐size helicopters. The 

public's interest is also advanced by reducing human exposure to death or serious injury associated with manned aircraft 

performing such services. 

 The light‐weight UAS aircraft proposed by Kevin Blackburn Photography are battery powered. Thus, unlike civil aircraft, 

they create no emissions. Furthermore, if a small UAS such as the one proposed by Kevin Blackburn Photography would 

crash, there would be no fuel to ignite or explode. With these factors in mind, the public's interest is advanced by 

minimizing the ecological impact of an accident and by reducing human exposure to potentially harmful emissions 

associated with manned aircraft. 

 There is also a financial benefit to the public. Current methods of capturing aerial imagery are expensive, and 

oftentimes cost‐prohibitive for many individuals and organizations. Granting exemptions such as the one proposed by 

Kevin Blackburn Photography will make such services affordable to a wider group of prospective customers. 

 Approval will help fulfill Congress' goal in passing Section 333 of the Reform Act, namely, the FAA Administrator's 

assessment of whether certain UAS may operate safely in the National Airspace System before completion of the 

rulemaking required under Section 332 of the Reform Act. 

 Lastly, the current methods of capturing aerial imagery are limited in terms of accessing certain spaces. For example, 

flying traditional aircraft at low levels or in populated areas puts the general public at increased risks of harm. The small 

UAVs such as the PHANTOM can fly safely in populated areas under controlled situations. 

Reasons why Kevin Blackburn Photography Exemption will not adversely Affect Safety, or how the Exemption will Provide 

a Level of Safety at least Equal to the Existing Rule Kevin Blackburn Photography offer the following summary of its 

proposed operations to ensure, at a minimum, an equivalent level of safety to operations conducted under current 

regulatory guidelines. Pilot in Command (PIC) and Visual Observer (VO) All members of Kevin Blackburn Photography's 

flight crew, including PIC and VO, will have an understanding of, and comply with, Title 14 Code of Federal Regulations, 

and/or Agency directives and regulations, applicable to the airspace where the sUAS will operate.

More specifically: 

 Minimum crew for each operation will consist of two operators: the UAS pilot in command (PIC) and a visual observer 

(VO). 

 All flights will be conducted within visual line‐of‐sight (VLOS) of the pilot in command (PIC), as well as the visual 

observer, and will not create a hazard to users of the National Airspace System (NAS) or the public. 

 The sUAS pilot will be the Pilot in Command (PIC). Kevin Blackburn Photography will require its PIC to be a FlySafe 

certified pilot.

 As a FlySafe certified operator, Kevin Blackburn Photography's PIC will log a minimum of 8 flights per month to 

maintain proficiency. If weather or other conditions prohibit this level of flight time, the PIC will fulfill the requirement by 

use of a computer simulator (RealFlight 7.0 software with controller). 

 As a FlySafe certified operator, Kevin Blackburn Photography's PIC will maintain membership in the Academy of Model 

Aeronautics (AMA) organization, which will include no less than $1 million general liability coverage involving any property 

or personal incidents. 
 A briefing of the flight crew will be conducted by the PIC in regards to the planned sUAS operations prior to each flight. It

will be mandatory that all personnel who will be performing duties within the safety perimeter be present for this briefing. 

 The UAS pilot and visual observer will have been trained in operation of the PHANTOM 2 and INSPIRE 1 generally, and 

will have received up‐to‐date information on the particular sUAS to be operated, as required in the Operations Manuals. 

 The PIC and VO will be able to communicate verbally at all times. Operations of sUAS

 The sUAS will remain clear and yield the right of way to all other manned aviation operations and activities at all times. 

 Flights will be operated at an altitude of no more than 300 feet above ground level, and the radius distance from the 

controller to the sUAS will not exceed 1,000 feet. 

 The sUAS will stay at least 100 feet away from people, animals, buildings, structures and vehicles not involved in the 

project operation. 

 The PHANTOM 3 will be operated under normal conditions, only during daylight hours, at speeds of 5 to 30 knots. 16

 If the sUAS loses communications or loses its GPS signal, it will return to a pre‐ determined location within the planned 

operating area or be recovered. 

 The sUAS PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with Shutter 

Pilot’s safety guidelines. 

 Maximum total flight time for each operational flight will be 25 minutes. Flights will be terminated at 30% battery power 

reserve should that occur prior to the 25‐minute limit. Additionally, a minimum of one reserve battery will be kept fully 

charged and available at all times. 

 The pilot will establish takeoff and landing zones by a space no smaller than ten (10) feet by ten (10) feet, and clear of 

overhead and lateral obstructions. The PIC will also check the area to determine if there are any potential radio 

frequencies or electrical transmissions that could interfere with the safe operation of the aircraft.

 Written and/or verbal permission from the relevant property holders will be obtained while gathering digital imagery.

 All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local 

law enforcement, fire, or other appropriate governmental agencies.

 A log book will be kept for each flight to document routine matters such as the flight date, purpose, weather conditions 

and any maintenance issues or unexpected adverse incidents.

 The pilot will operate the PHANTOM 3 in safe environments that are strictly controlled, away from power lines, lights, 

airports and populated areas. 

 The pilot will contact respective airports if operations will be within 5 nautical miles to advise them of the location, 

estimated flight time and elevation of flight. 

 All operations will be conducted over private or controlled‐access property with permission from the landowner or 

authorized representative. 

 We will obtain a Certificate of Waiver for Authorization (COA) before conducting any operations. Shutter Pilots will also 

request a Notice to Airmen (NOTAM) when required between 48 to 72 hours prior to the operation.

 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) with 24 hours. Accidents will 

be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB website: 

www.ntsb.gov. Maintenance of sUAS 
 Prior to each flight, the PIC will inspect the sUAS to ensure it’s in a safe condition for flight. If the inspection reveals a 

condition that affects the safe operation of the sUAS, the aircraft will be prohibited from operating until the necessary 

maintenance has been performed. The Ground Control Station will be included in the preflight inspection. All maintenance 

and alterations will be properly documented in aircraft records. 17 

 Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics will 

undergo a functional test flight. The PIC who conducts the functional test flight will make an entry in the sUAS aircraft 

logbook of the flight. 

 Kevin Blackburn Photography will follow the manufacturer’s sUAS aircraft/component, maintenance, overhaul, 

replacement, inspection and life limit requirements. Kevin Blackburn Photography safety protocols will provide a level of 

safety at least equal to existing rules and, in some instances, greater than existing rules. A summary the FAA may 

publish in the Federal Register: Shutter Pilots, Inc., requests an exemption from Part 21 and §§ 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. 
Safety/Flight and Preflight Protocols / How the operator will maintain an equivalent level of safety or no adverse 

impact to safety;

Location Address_________________________________________________ 

GPS___________________

Date for flight________________ Secondary Date for weather _______________

Print Satellite map of area

Create basic flight plan Drawn on map

Shot list created and mapped out

Area not in a no Fly zone Verify in HOVER/APP and on DJI Fly safe site 

Approved to fly by Property owner

Contact adjacent neighbors about fly over for property to be shot

Inform appropriate municipality and Law Enforcement if applicable

Power lines or other obstruction in site

Clear lines of site for aircraft

Spotter on location with binoculars

Weather APPs x 2 RADAR NOW and HOVER No airport within 2 miles

AIRCRAFT CHECK LIST

Batteries fully charged

RC fully Charged

RC in correct mode P A F

Phone Fully Charged

Props tight Prop guards Secure

Verify Ground Level Altitude above sea level

Remove gimble stabilizer

Power On in Order Aircraft RC and Phone (open app)

GPS and Compass calibrated

Home Point set

Set Return to home altitude 

Set Maximum Altitude

Set Maximum Flight distance

Camera and Gimble Check list 

Remove Gimble stabilizer (before start up)

Verify Gimble movement (on Startup) 

Set & Check exposure values

Memory card formatted

Max height set 

Set and check home point 

TAKE OFF

Spotter in place with Binoculars

Take off or use auto take to hover

Hover at 15-20 feet 

verify settings and GPS Return to Home and Max altitude settings. 

test all flight and directional controls 

test camera movement 

Begin Flight of pre planned photo/video shoot per Shot list /story board.

END of Flight 

RTB

Hover at 50-75 ft

Check for safe landing area or landing area obstruction

Land Aircraft 

Shut down Aircraft 

END FLIGHT
Benefits to the Public of 333 Exemption

Kevin Blackburn Photography exemption will benefit the overall public interest in the following ways: 

 It will fill an emerging need in society for the provision of 2D and 3D aerial imaging services that provide businesses and 

professionals with realistic visualizations of both past and projected scenes. For example, it will provide numerous 

industries with new and innovative ways to visualize their property development projects ‐‐ whether it’s for construction 

projects, historical preservations, accident investigations or other yet‐to‐be determined needs. 

 The use of 2D and 3D modeling, animation and rendering has been used for decades in manufacturing, product 

development and creative services. As these visually‐ advanced techniques are combined with aerial imaging, Shutter 

Pilots will enhance the quality of the tools and outcomes available to clients in need of such services. 

 The work products which will be produced by Shutter Pilots will provide other aerial imaging companies with examples 

for how they too can fill this emerging need. The provision of 2D and 3D solutions using aerial imagery will continue to 

grow as the FAA opens the door to other aerial imaging providers who abide by high standards of safety and quality. 14 

Beyond the specific benefits associated with providing 2D and 3D solutions using aerial imagery, the granting of Shutter 

Pilot’s exemption request will also provide the following general public benefits: 

 The operation of ultra‐light, UAS aircraft significantly improves public safety and reduces risks by alleviating human 

exposure to the dangers associated with current aerial image capture methods ‐‐ namely, full‐size helicopters. The 

public's interest is also advanced by reducing human exposure to death or serious injury associated with manned aircraft 

performing such services. 

 The light‐weight UAS aircraft proposed by Shutter Pilots are battery powered. Thus, unlike civil aircraft, they create no 

emissions. Furthermore, if a small UAS such as the one proposed by Shutter Pilots would crash, there would be no fuel to 

ignite or explode. With these factors in mind, the public's interest is advanced by minimizing the ecological impact of an 

accident and by reducing human exposure to potentially harmful emissions associated with manned aircraft. 

 There is also a financial benefit to the public. Current methods of capturing aerial imagery are expensive, and 

oftentimes cost‐prohibitive for many individuals and organizations. Granting exemptions such as the one proposed by 

Shutter Pilots will make such services affordable to a wider group of prospective customers. 

 Approval will help fulfill Congress' goal in passing Section 333 of the Reform Act, namely, the FAA Administrator's 

assessment of whether certain UAS may operate safely in the National Airspace System before completion of the 

rulemaking required under Section 332 of the Reform Act. 

 Lastly, the current methods of capturing aerial imagery are limited in terms of accessing certain spaces. For example, 

flying traditional aircraft at low levels or in populated areas puts the general public at increased risks of harm. The small 

UAVs such as the PHANTOM can fly safely in populated areas under controlled situations.
Conclusion

The proposed exemption will allow Kevin Blackburn Photography to operate its small, unmanned aerial systems (sUAS) 

as a safe and cost effective means of capturing digital imagery (still photographs and video footage) in providing 

two‐dimensional (2D) and three‐dimensional (3D) visualization and animation services to support various industries 

including, but not limited to, property development, historic preservation and accident reconstruction. These specialized 

services include, but would not be limited to, the following examples: 

 Providing property developers, engineers and architects with a new way to pre‐ visualize their construction projects by 

adding 2D and 3D building models to aerial images and videos. 

 Providing historians, curators and tribal nations (e.g., Alaska Native and American Indian tribes) with a new way to 

visually recreate archeology sites, historic events or other occurrences of past significance.

 Providing insurance and legal professionals with a new way of reconstructing accident scenes using 2D and 3D aerial 

simulations. All proposed aerial imaging operations would be conducted by Shutter Pilots under controlled conditions in 

airspace that is: 1) limited, 2) predetermined, and 3) access controlled.

 Surveying of Local Farm land for crop rotation and livestock movement and creating maps for new fence lines for 

live stock.

 Photography of Complete construction of restaurant and strip mall for a existing commercial Client

 Document and map a land plot for the expansion of an Art Gallery and map a Sculpture Field

 Photograph and video a Health care clinic for expansion project

 Documentary photography of reconstruction of the Historic Wayne Theater In Waynesboro Virginia

 Create images for use by real-estate client for marketing of land locked property for possible inclusin of land in 

special land protection grant

 Documentary images of Regional Tele Communications COLO locations for asset documentation as well as sale 

marketing and annual report use.

 Create images of a recently recovered scenic overlook along the historic RT 250 a Virginia scenic Byway for the 

charity group that provided the labor and removal of trash, tree, and debris.

 Recent Fine art images created for use in my Fine art Gallery

These and other similar requests have prompted Kevin Blackburn of Kevin Blackburn Photography to seriously pursue 

aerial imaging, coupled with 2D and 3D visualization services, as an emerging business opportunity. The team doesn’t 

consider this endeavor to be a new or passing fad. Instead, it has been a process in the making for a very long time.
Additional Information

About Kevin 

I live in the Shenandoah Valley of Virginia with my wife Carrie and three children. We make our home in Fishersville

Virginia near Waynesboro and Staunton where I started my Commercial and editorial photography business in 2000 after 

returning home from serving in the USAF I have spent more than 14 years earning a living as a commercial and fine art

photographer completing assignments in the US and abroad.

Starting with small 110 and 410 cameras as a boy then the gift of a Yashica 35mm at age twelve. I have been fascinated 

with photography and the photographic process. After studying in traditional arts in High school and College and working 

as a photojournalist and commercial photographer for more than 14 years I am more in love with my craft than ever before. 

Based out of my Fine Art Gallery in Nelson County Virginia at the Foot of the Blue Ridge Mountains my art focus is on the

beautiful Shenandoah Valley and Surrounding Blue Ridge Mountains, Shenandoah National Park and George

Washington and Jefferson National Forest though I do create and share images from all of my travels. 

My Commercial focus is in the Commercial construction, Restoration, Historical Documentation, Documentary, business

sector and light industrial and mining photography.

Out of recognition and respect for the FAA’s regulations that prohibit the use of UAVs for commercial purposes, Kevin 

Blackburn Photography has declined all requests for hire or compensation. Instead, they’ve offered to shoot photos or 

footage on a selective basis at no charge based on the approved projects needing to follow safety and procedural 

standards similar to those proposed in this exemption request. Examples of the projects they’ve accepted on an amateur, 

no cost basis have included the following requests from reputable organizations:

Respectfully Submitted

William Kevin Blackburn 

Owner President 

Kevin Blackburn Photography and The Blackburn Gallery