December 10th, 2015

David Bayer

Owner

David Bayer Photography

705 Ravenswood Ct.

Neenah, WI, 54956

David@DavidBayerPhotography.com

FAA Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Avenue, SE 

West Building, Ground Floor, Room W12-140 

Washington, DC 20590

Dear Exemption Manager,

I am writing this submission as owner of David Bayer Photography, as a petition to the Federal Aviation 

Administration (FAA) for exemption in accordance with Section 333 of the FAA Modernization and Reform Act of 

2012, to operate a small unmanned aircraft for commercial purposes in the national airspace regulated by the FAA. 

The request for exemption from the regulations outlined below is for the permission for David Bayer of David Bayer 

Photography to utilize a DJI Phantom 3 Professional quad copter for providing commercial still and video imaging 

services as part of the business. The exemption is contingent on full conformation by the operator of all operating 

rules and safety procedures set forth herein in accordance with the FAA and as required by Section 333. 

BACKGROUND

David Bayer Photography is a real estate and commercial photography company in operation since January of 2012, 

specializing in producing imagery for sale and marketing of residential and commercial buildings and property as 

well as video production for advertising and promotion for businesses and events. As the owner, the ability to

integrate aerial photography technology into the business is an integral asset for my customers and business as a 

whole and provides a service in high demand and value. 
AIRCRAFT DESCRIPTION

The aircraft in question is a DJI Phantom 3 Professional quad copter with S/N CE142048495579 registered with the 

FAA with registration number N-604UB. This aircraft qualifies as a small unmanned aircraft under 55 lbs including 

payload. Its propulsion system consists of four props driven by four separate electric motors powered by a 

replaceable lithium-ion battery. All parts are manufactured by the original manufacturer and no alterations have 

been made to modify the flight of the aircraft. It is understood that this exemption, if granted, qualifies for this

aircraft ONLY and that any additional aircraft inclusion to the exemption must be first verified by the FAA with an 

amendment submitted through the same due process. 

MAINTENANCE OF SAFETY

I, David Bayer of David Bayer Photography will maintain a high level of safety as outlined in the Model Aircraft 

Operating Standards including but not limited to:

All safety checks of the aircraft including proper and sufficient RF wireless communication, secure attachment of 

props and motors integral to flight, and sufficient battery capacity for the planned flight are done prior to taking off.

Full evaluation of the area to be covered with the flight plan so as to operate without public or private interference

including not flying over private property without granted permission, always flying below 400ft and not within a 5 

mile radius of any airport unless with expressed permission from the airport control tower or staff. 

Evaluating the current weather and forecast so as not to fly in any inclement conditions that may interfere with the 

proper operation of the aircraft.

During flight, maintain a visual line-of-sight (VLOS) flight path and continually monitor all flight statistics to ensure a 

safe flight. In the event that the battery level drops below 35% capacity, the software emits a warning tone for the 

operator to land the aircraft back at the original takeoff location. This prevents the battery from fully discharging 

before the UA can safely land. 

In the event the aircraft loses wireless communication with the controller, a safety check in place on the aircraft will 

direct the aircraft to the original takeoff location and land safely. 

With experience that consists of over 110 logged flights with the DJI Phantom 3 in question, full review of the 

operating manual and current FAA safety regulations, myself acting as the operator am experienced in the proper 

operation of the aircraft and exhibit the knowledge required for safe and efficient flights. 

PUBLIC BENEFIT

Though aerial photography is not a historically new service, the use of small unmanned aircraft offers the ability to 

make audibly less obtrusive flights that are quiet and consist of short flight times, limiting the time required to be 

airborne to produce, at the least, the same services as with a manned aircraft, but often with superior results offered 

by precise movements that only a small unmanned aircraft (UA) can accomplish. This results in less impact on nonparticipating parties as compared to a larger or manned aircraft. A good example of this is aerial land surveying in 

which an 8 acre plot can be surveyed in 10 minutes with a small UA. The major benefit is that it does not require 

flying over any adjacent properties as a full scale aircraft would, and in a shorter amount of time. A manned aircraft

requires considerably more time and expense to complete the same job and is often cost prohibitive for general use. 
PROPOSED OPERATIONS

David Bayer Photography is a commercial and real estate photography company that plans to use a DJI Phantom 3 

Professional for services including aerial photography and video for commercial and residential real estate, 

advertising production, land surveying and special events. Any private property being utilized in any services will 

first require clearance by David Bayer Photography from the property owner prior to any flights. 

SPECIFIC SECTIONS OF 14 CFR OF WHICH EXEMPTION IS REQUESTED

I, David Bayer of David Bayer Photography is seeking exemption of the following sections of 14 CFR as what is 

required for the successful operation of the UA for use in the business. Without this exemption, I would be unable 

to safely operate key components of the business and am committed to complying with all current and future FAA 

regulations that apply to commercial UA use. 

It is my request to have exemption from the following sections of part 14 CFR:

14 CFR Part 21, Subpart H – Certification procedures for products and parts, Airworthiness Certificates

14 CFR 61.113(a) and (b) – Certification: Pilots, Flight Instructors, and Ground Instructors

14 CFR 91.7 (a), Airworthiness required for operation

14 CFR Part 91.103(b)(2) – Preflight action

14 CFR 91.105, Flight crewmembers at stations 

14 CFR 91.109, Flight instruction 

14 CFR 91.119 (c), Minimum safe altitudes 

14 CFR 91.121, Altimeter settings 

14 CFR 91.151, Fuel requirements for flights in VFR conditions

14 CFR 91.203(a) & (b), Civil aircraft: Certifications required

14 CFR 91.205(b), Instrument and equipment requirements

14 CFR 91.215 ATC transponder and altitude reporting equipment and use

14 CFR 91.405 (a), Maintenance required 

14 CFR 91.407 (a) (1), Operation after maintenance 

14 CFR 91.409 (a) (2), Inspections 

14 CFR 91.417 (a) and (b), Maintenance records
REGULATIONS AND RESPONSIBILITIES

As the operator of the unmanned aircraft included in the exemption petition, I assume the following responsibilities 

before, during and after all planned UA flights.

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 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 FAA-published 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.

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.
CONTACT INFORMATION

Mailing Address:

David Bayer

David Bayer Photography

705 Ravenswood Ct.

Neenah, WI 54956

Email: David@DavidBayerPhotography.com

Phone: 920-850-4265