Requestor: 

Frank Keiser 01/25/16

265 Roswell Avenue

Long Beach, CA 90803

(562)-439-3493

FAA UAS Certificate of Registration #FA3YM7Y9HW, Dated 01/11/2016

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from part 21, subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) 

and (b) of Title 14, Code of Federal Regulations (14 CFR). 

Dear Sir or Madam: 

My name is Frank Keiser and I am writing pursuant to the FAA Modernization and Reform 

Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, the owner 

of a unmanned aircraft system (UAS) be granted exemption from the Federal Aviation 

Regulations (FARS) listed within so that I may operate my UAS commercially in airspace 

regulated by the Federal Aviation Administration. This exemption would allow operation of 

my UAS for the purpose of aerial photography, aerial videography, data collection, 

inspection and surveying. 

My equipment is a DJI Phantom 3, Standard (4) blade quad copter weighing 6 lbs. 7.5 

ounces. (See appendix 1) The UAS has a maximum airspeed of 30 knots. Using a remote 

controller operating on frequency 5.728-5.850GHZ / 2.400-2.483GHZ.The Phantom 3 is 

equipped with built in ground support technology that allows it to fly utilizing GPS for 

stability, tracking, safe flight mode and a return to home feature in the event of loss of 

remote control signal or a critically low battery. All flights start with a preflight safety check 

and all flight data are recorded. The Phantom 3 is equipped with a fixed position camera 

that sends a live video signal to the controller allowing the person in control (PIC) to 

monitor video in real time. Flight data, speed, height, distance, battery level and general 

aircraft condition and information are also displayed during operation. The Phantom 3

battery has a flight time of approximately 20 minutes. It is always returned to its original 

take off point and always flown utilizing VLOS. I have invested a considerable amount of 

money and have logged over 20 recreational hours with this UAS and trained over 100 

hours with other UAS equipment. My request for exemption would allow me to offer video 

and photographic services to clients at a considerable discount compared to using 

helicopters or fixed wing aircraft. 

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UAS Safety Operating Parameters I will abide by the following additional operating 

conditions under this exemption, which ensures a level of safety during UAS flight:

Operate UAS below 200 feet and within a radius of 1000 feet from PIC always 

maintaining VLOS. 

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

operations may be conducted closer than 500 feet to any such vessels, vehicles or 

structures; I will conduct a safety assessment of the risk of operating closer to those 

objects and determine that it does not present an undue hazard. 

Operate the UAS for no more than 15 minutes per flight. 

Land UAS prior to the manufacturers recommended minimum level of battery power. 

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

Utilize the UAS' global positioning system (GPS) flight safety feature whereby it hovers and 

then slowly lands if communication with the remote control pilot is lost or battery becomes 

critically low. 

Contact respective airports if flight operations will be within 5 miles to advise them of 

estimated flight time, flight duration, elevation of flight and all other pertinent info. 

Always obtain all necessary permission prior to operation. 

Have procedures in place to abort flights in the event of safety or other concerns. 

Review weather reports prior to flight and never operate UAS in unsafe conditions 

— high wind, low clouds or other conditions that hinder visibility. 

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

elevated lights, airports and densely populated areas (defined by areas depicted in 

"yellow" on VFR charts and through obtaining information regarding congested areas from 

the local Flight Standards District Office (FSDO); Also conduct extensive preflight 

inspections and protocols, during which safety carries primary importance. 

The PIC will have a minimum of 5 hours logged on this craft and a minimum of 10 hours 

flying UAS quad copters under varying conditions and environments and will follow all 

established safety protocols as well as guidelines of 14 C.F.R 61.51 

(b) Having the ability to safely operate the UAS in a manner consistent with the operating 

documents, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures as outlined.

2 
Specific Exemptions Requested Given the size, weight, speed, and limited operating area 

associated with the UA, we feel an exemption from 14 CFR part 21, Subpart H 

(Airworthiness Certificates) and § 91.203(a) and (b) (Certifications required), subject to 

certain conditions and limitations, is warranted and meets the requirements for an 

equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 

333). 

I request an exemption from § 45.23 Marking of the aircraft because the UA does not have 

a cabin, cockpit or pilot station on which to mark specific words or phrases. Further, twoinch lettering is difficult to place on a small aircraft with dimensions smaller than the minimal 

lettering requirement. Regardless of this, I can mark the UAS in the largest possible 

lettering by placing the word "Experimental" on its fuselage as required by § 45.29(f) so that 

anyone can see that designation. 

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

an airworthiness certificate, since currently, there is no certificate applicable to our 

operation, this regulation is inapplicable. 

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

(b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution I will perform a preflight inspection of the UAS 

before each flight as outlined in the attached operating documents. 

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

aircraft, however since there are no pilots or passengers on board the aircraft and given 

its size, this regulation is inapplicable. We believe an equivalent level of safety will be 

achieved by maintaining a safety/flight manual with the UAS ground station. 

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

civil aircraft, but allows helicopters to be operated at lower altitudes in certain conditions. I 

will not operate the UAS above the altitude of 200 feet above ground level (AGL) and will 

also only operate in safe areas away from the public and traffic, thus "providing a level of 

safety at least equivalent to or below those in relation to minimum safe altitudes." Given the 

size, weight, maneuverability, and speed of the UAS, an equivalent or higher level of safety 

will be achieved.

I request an exemption from § 91.121 Altimeter settings as it is inapplicable since the 

UAS utilizes electronic GPS with a barometric sensor. 

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

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

documents, the UAV will be landed at the first alert. Also, flights will last approximately 

15 minutes each, and the UAS has an automated function which results in immediate 

landing when a low battery is detected. The PIC will not begin a flight unless —

considering wind and forecast weather conditions — there is enough power to fly to 

the first point of intended landing and, assuming normal cruising speed, land the UA 

with 30% battery power remaining. 

Public Interest Aerial videography for geographical awareness and marketing has 

existed through manned fixed wing aircraft and helicopters, but for small business 

owners, its expense has been cost-prohibitive. By granting this exemption I would be 

able to provide this service at a much lower cost. Further, my UAS will pose no threat 

to the public given its small size and lack of combustible fuel. Additionally, the 

operation of the UAS will minimize ecological damage and promote economic growth 

by providing information to companies looking to relocate or build in the metro areas I 

service. 

Summary I will comply with all of the following conditions and limitations should this 

grant of exemption be provided: 

1) Operations will be limited to the following aircraft described in the operating 

documents which is a 4-rotor aircraft weighing less than 7 pounds: DJI Phantom 3

Aircraft System. 

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

3) The UAS will be operated at an altitude of no more than 200 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents. All 

altitudes reported to ATC must be in feet AGL. 

4) The UAS will be operated within visual line of sight (VLOS) of the Person in Command 

(PIC) at all times. 

5) All operations may utilize a visual observer (VO). The UAS will be operated within the 

visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to 

communicate verbally at all times. The PIC will be designated before the flight and will 

not transfer his or her designation for the duration of the flight. The PIC will ensure that 

the VO can perform the functions prescribed in the operating documents. 

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

to the Administrator upon request. Any revisions to the operating documents will be 

presented to the Administrator upon request. 

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

flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

the UAS will not be operated until the necessary maintenance has been performed 

and the UAS is found to be in a condition acceptable for safe flight. The Ground 

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

alterations will be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional 

test flight. The PIC who conducts the functional test flight will make an entry in the 

aircraft records. 

9) The preflight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents. 

10) I will follow the UAS manufacturer's aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

11) I will carry out maintenance, inspections, and all record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations 

will be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service. 

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

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

taken against discrepancies discovered between inspections. 

14) The PIC will also meet the flight review requirements specified in 14 CFR 61.56 in an 

aircraft in which the PIC is rated on. 

15) Prior to operations conducted for the purpose of aerial videography/cinematography 

and augmenting real estate listing videos (or similar operations), the PIC will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 

16) Prior to operations conducted for the purpose of aerial videography/cinematography 

and augmenting real estate listing videos (or similar operations), the PIC will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 

hours as UAS pilot operating the make and model of the UAS to be used in 

operations.

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17) The PIC will not operate the UAS for the purpose of aerial videography/ 

cinematography and augmenting real estate listing videos (or similar operations), 

unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 

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

operating documents, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

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

operations will be conducted under visual meteorological conditions (VMC). 

19) The UAS will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart.

20) The UAS will not be operated less than 500 ft below or less than 2,000 ft horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

21) If a UAS loses communication or its GPS signal, it will return to a predetermined 

location within the planned operating area and land or be recovered in accordance 

with the operating documents. 

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

23) The PIC will not begin a flight unless — considering wind and weather conditions —

there is enough power to fly at normal cruising speed to the intended landing point & 

land the UA with 30% battery power remaining. 

24) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a Notice to 

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior 

to the operation. 

25) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

26) The documents required under 14 CFR 91.9 and 91.203 would be available to the PIC 

at the Ground Control Station of the UAS any time the UAS is operating. These 

documents will be made available to the Administrator or any law enforcement official 

upon request. 

27) The UAS will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

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

29) The UAS will not be operated over congested or densely populated areas. 

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30) Flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

31) All operations will be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each flight 

to be conducted. 

32) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. 

33) Accidents will be reported to the National Transportation Safety Board (NTSB) per 

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

I would like to thank you for your consideration in granting this exemption. It will be an 

honor and privilege to hold this designation and I look forward to providing UAS video I 

photography. 

Thank you for your consideration. 

Frank T Keiser

265 Roswell Ave, Long Beach, CA

gyroguy55@gmail.com 

Enclosure: appendix1: DJI Phantom 3 Operation Manual 

7 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. I will ensure 

that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 

500 feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner 

/ controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a).