Submitted by:

James Humphrey 

5800 Brodie Ln Apt 935

Austin, Texas 78745

(512) 736-7465

Jamesthumphrey@gmail.com

Scope:

Enhance and augment real estate listing videos by using the Phantom 3 Professional Unmanned Aircraft 

System to conduct aerial photography and videography of real property. 

UAV Phantom 3 Professional:

The DJI Phantom 3 is a quad-rotor Unmanned Aircraft System (UAS) The DJI Phantom 3 Professional has:

 A maximum gross weight of approximately 2 pounds 11 ounces

 A length of 16 inches width of 16 inches 

 Height of 8 inches

 Maximum speed of approximately 29 knots.

 Equipped with four main rotors; driven by Lithium Polymer battery powered electric motors

 Return Home Feature (Built in Safety)

The DJI Phantom 3 that will be operated by James T. Humphrey will be registered in accordance with 49 

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in 

accordance with 14 C.F.R. Part 45, Identification and Registration Markings.

The Phantom 3 UAS that James T. Humphrey will be responsible for also utilizes a mobile ground station. 

The UAS features a safety Return to Home function that in the event of a signal loss, the UAS will return 

to a preset position and land. The Return to Home feature can also be triggered manually. The remote 

connects to your phone or tablet, and a 1080p HD view of everything your camera sees as you fly is 

displayed live.

This immersive view streams to you in absolute clarity, enabling safe flying. From takeoff to landing, the 

Phantom 3 responds to commands while automatically handling the most complex aspects of safe, 

stable flight.

Request:

James Humphrey seeks an exemption to operate DJI systems for compensation or hire within the US. 

The DJI Phantom 3 quad-rotors are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA). These 

UAS’s use a Ground Control Station (GCS), displayed on an electronic tablet or smartphone. 

An exemption from 91.7(a), 91.119, 91.121, 91.151(a), 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) as was granted to Ralph J. Apel in 

Exemption No. 11410

Petition:

I request an exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and 

(b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417
(a) and (b)

The Extent Of Relief that James T. Humphrey seeks:

1. Extent of Relief that James Humphrey seeks regarding Section 61.113 (a) and (b)

Private Pilot Privileges and Limitations Relief from Section 61.113 (a) and (b) is requested to allow a Pilot 

in Command holding a current Private Pilots Certificate to operate the James T. Humphrey’s Phantom 3. 

The flight would be complimented by a Visual Observer who, along with the pilot, will maintain Visual 

Line of Sight with the Phantom 3 at all times. All operations conducted will be incidental to James 

Humphrey’s business. The Phantom 3 is not able to carry passengers.

2. Extent of Relief that James T. Humphrey seeks in regards to Section 91.7(a) Civil Aircraft Airworthiness

Relief from Section 91.7(a) is requested to allow James T. Humphrey to determine airworthiness of the 

Phantom 3. As part of this determination the following will be adhered to:

a. Prior to the Phantom 3's flight the PIC will inspect the UA to ensure it is in a condition that will be 

conducive for a safe flight. The ground control station will be included in the above inspection.

b. James T. Humphrey will follow the DJI Phantom 3’s aircraft/component, maintenance, overhaul, 

replacement, inspection and life limit requirements.

c. James T. Humphrey will comply with all DJI manufacturer Safety Bulletins.

3. Extent of Relief that James T. Humphrey seeks in regards to Section 91.119 Minimum Safe Altitudes 

General relief from 91.119 is requested to allow James T. Humphrey to operate the Phantom 3 at 

altitudes not to exceed 400’ AGL over private property at a distance at or greater than 5NM from the 

nearest airport as depicted on current Aeronautical Charts. James T. Humphrey also wishes to

be granted exemption to operate at an altitude not greater than 50’ AGL (below tree level) between 

1NM and 5NM from the nearest airport as depicted on current Aeronautical Charts.

James T. Humphrey will adhere to the following in order to maintain an acceptable level of safety 

associated with operations over private property:

(a) James T. Humphrey will display signs in the immediate vicinity of operations stating: “Aerial 

Photography In Progress. Use Caution.”

(b) James T. Humphrey will not allow the Phantom 3 to operate at a speed greater than

10kts.

(c) James T. Humphrey will require the UAS operator (PIC) to be fully trained on the Phantom 3 by 

adhering to the recommendations contained within the Phantom 3’s operating manual.

(d) James T. Humphrey 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 multi-rotor UAS. In addition the operator will have logged a minimum of 5 hours as a UAS 

pilot operating the make and model UAS that Flying James T. Humphrey operates.

(e) James T. Humphrey will be familiar with and able to manually institute the Phantom 3’s Return to 

Home (RTH) feature. This feature aborts a flight operation and automatically returns the UAS to a 

predetermined GPS safe point.

(f) James T. Humphrey will not operate over private property without first finding a suitable alternate 

landing spot on the property. (g) James T. Humphrey will abort the flight in the event of unpredicted 

obstacles or emergencies in accordance with the operating documents.

(h) James T. Humphrey will utilize a two man flight team consisting of the Pilot in Command (PIC) and a 

Visual Observer (VO). This team will maintain visual line of sight with the Phantom 3 at all times and 

remain within hearing of one another.
(i) James T. Humphrey will not permit flight around vessels, vehicles and structures without permission 

from the owner.

4. Extent of Relief that James T. Humphrey seeks in regards to Section 91.121 Altimeter Settings

Relief from 91.121 is requested because the Phantom 3 utilizes electronic GPS with a barometric sensor.

In order to maintain an equal level of safety that 91.121 requires, the PIC of the James T. Humphrey UAS 

will abort the flight in the events that the UA loses communications with the GPS signal.

5. Extent of Relief that James T. Humphrey seeks in regards to Section 91.151(b) Fuel Requirements for 

Flight in VFR Conditions Relief from 91.151(b) is requested to the extent that allows James T. Humphrey

to operate the Phantom 3 up to a point (considering wind and forecast weather conditions) that there is 

enough power to fly at normal cruising speed to the intended landing point and land the UA with 30% 

battery power remaining.

6. Extent of Relief that James T. Humphrey seeks in regards to Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1), and (a)(2), 91.417(a) and (b) These are all associated a with Airworthiness certificate

Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is requested to the extent that 

allows James T. Humphrey to operate the Phantom 3 Quad-Copter as necessary. These sections are all 

related to airworthiness certificates of aircraft. There is not currently an airworthiness certificate for

small UAS’s. James T. Humphrey would comply in full to any conditions and limitations that the 

Administrator would place in order to receive an approved Grant of Exemption.

Public Interest:

Aerial videography for real estate marketing has been around for a long time through manned fixed 

wing aircraft and helicopters, but for small business owners, it's expense has been cost-prohibitive. 

Granting this exemption to me would allow me to provide this service at a much lower cost. My UAS

will pose no threat to the public given its small size and lack of combustible fuel when compared to 

manned aircraft. The operation of my UAS will minimize ecological damage and promote economic 

growth by providing information to companies looking to relocate or build in the Austin Texas area.

Conclusion:

As set forth herein, James T. Humphrey seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Phantom 3 UAS commercially within the Real Estate markets. 

The Administrator will be assisting small business by granting this petition. In accordance with the FAA 

Modernization and Reform Act of 2012, James T. Humphrey respectfully requests that the FAA 

Administrator grants this petition for exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS

61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a);

91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

Thank you in advanced for your consideration, 

James T. Humphrey 

jamesthumphrey@gmail.com

512-736-7465