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H. James Stanton Photography LLC

Howard James Stanton II, Owner

1505 Mount Alpha Rd

Charleston, WV 25304

hjamesstanton@gmail.com

January 12, 2016

U.S. Department of Transportation

Docket Operations, Room W12-140

West Building Ground Floor

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590

RE: Petition of H. James Stanton Photography LLC for Exemption pursuant to Section 333

of the FAA Reform Act.

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”), 

and 14 CFR Part 11, H. James Stanton Photography LLC and Howard James Stanton (collectively,

the “Applicant”), pilot and operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to

conduct aerial photography and videography, hereby applies for an exemption from certain

Federal Aviation Regulations (“FARs”) to allow commercial operation

of its sUASs, so long as such operations are conducted within and under conditions outlined

herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUASs under controlled airspace that is (1) limited; (2) 

predetermined; and (3) controlled as to access. Approval of this proposed exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the “FAA Administrator’s”) 

responsibilities to “establish requirements for the safe operations of such aircraft systems in the 

national airspace system.” Section 333(c) of the Reform Act.

SUMMARY

The Applicant is a media/technology company owned and run by Howard James Stanton II, 

and plans to operate a sUAS to provide commercial services including aerial surveying, event 

photography and videography, real estate photography and videography and site inspections.

The Applicant seeks an exemption to operate the DJI Phantom 3 Professional system (the 

“Phantom 3”) for compensation or hire within the National Airspace (“NAS”). The Phantom 3 is 

a vertical takeoff and landing sUAS with a Ground Control Station utilizing electronic tablet or
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smart phone systems. The Phantom 3 has a maximum gross weight of approximately 2.8

pounds, with a diagonal dimension of 23.2 inches, and a maximum speed of 16.4 feet per second.

The Phantom 3 is equipped with four main rotors and driven by Lithium Polymer battery 

powered electric motors.

Unmanned Aircraft Systems are oftentimes seen as superior to helicopters due to the smaller 

devices, cheaper equipment and personnel costs, reduced noise, and much smaller environmental 

impact which promotes public safety. The Applicant is petitioning for an exemption to enable H. 

James Stanton Photography LLC to operate the Phantom 3 equipped with a three-axis camera 

gimbal and a 4K camera. This sUAS has a built in capability to limit the height it flies above the 

ground, and to limit the radius of the distance it flies from the operator. The Phantom 3 also has 

the fail safe function of the autopilot system which means if the communication between the

main controller and the transmitter is disconnected, the outputs of all command sticks from the

controller will go to the center position, and the system will automatically trigger Return to

Home and will land safely.

A copy of the Phantom 3 User Manual and Safety Guidelines (collectively, the “User Manual”) 

are attached to this Application and should be referred to for all performance limitations and 

flight operations.

A pre-flight inspection will be performed by the Pilot-in-Charge (the “PIC”) in accordance with 

the User Manual. Propellers will be inspected pre-flight and any propeller with a nick or crack 

will be replaced with a manufacturers authorized propeller. The sUAS will be maintained in 

accordance with the User Manual and only manufacturer’s authorized replacement parts will be 

used.

The sUAS will operate only in line of sight and will operate in accordance with the User Manual. 

All flights will occur over private or controlled access property with the property owner’s or

their duly appointed representative’s prior consent and knowledge.

The sUAS will be operated by Mr. Howard James Stanton II. Mr. Stanton has significant training

and experience operating the Phantom 3, including approximately 40 hours of

supervised operations as the pilot in charge of the Phantom 3. Mr. Stanton’s experience will 

ensure that the sUAS is safely operated at all times.

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,” 

provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in 

National Airspace (“NAS”). Section 333(a) states that the FAA “shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before completion 

of the (comprehensive) plan and rule making required by Section 332(b)(1) of this Act or the 

guidance required by section 334 of the Act.” In Section 332(b)(1), Congress made it clear that 

Section provides a mechanism for “expedited operation authorization” if several factors are met. 

The Applicant meets all requirements to permit FAA approval of commercial UAS operations 

and such an exemption should be granted.
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In accordance with 14 CFR § 11.81, the Applicant provides the following information in support 

of its petition for exemption.

I. Contact Information

H. James Stanton Photography LLC

Howard James Stanton II, Managing Member

2808 Noyes Ave

Charleston, WV 25304

hjamesstanton@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which

H. James Stanton Photography LLC Requests Exemption are:

14 CFR Part 21 Subpart H

14 CFR Part 27, Airworthiness Standards: Normal Category Rotorcraft

14 CFR § 45.23(b)

14 CFR § 61.113(a) & (b)

14 CFR § 91.7(a)

14 CFR § 91.9(b)(2)

14 CFR § 91.103

14 CFR § 91.109

14 CFR § 91.119

14 CFR § 91.121

14 CFR § 91.151(a)

14 CFR § 91.203(a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.215

14 CFR § 91.405(a)

14 CFR § 407(a)(1)

14 CFR § 409(a)(2)

14 CFR § 417(a) & (b)

14 CFR § 91.401-91.417

III. The extent of relief you seek, the reason you seek the relief, and the reasons why the 

exemption will not adversely affect safety.

14 CFR Part 21, Subpart H: Airworthiness Certificates & 14 CFR § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by 14 CFR § 91.203(a)(1). Given the size and 

limited operating area associated with Phantom 3, an exemption from Part 21, Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform 

Act.
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The Federal Aviation Act (49 USC § 44701(f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircrafts from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular UAS. In all cases an analysis of these criteria demonstratesthat a

sUAS operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed-wing or 

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions 

proposed.

Here an equivalent level of safety will be reached because the sUAS to be operated hereunder is 

less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and carries no explosive 

materials or flammable liquid fuels. Based on the sUAS’s light weight and carbon fiber and 

plastic construction, the sUAS will be at least as safe, if not safer than a conventionally 

certificated aircraft performing the same mission.

These safety enhancements, which already apply to civil aircraft operated in connection with 

existing inspection operations, provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14

CFR Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the sUAS due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.

14 CFR Part 27: Airworthiness Standard: Normal Category Rotorcraft.

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the Applicant’s sUAS would otherwise require certification 

under Part 27, as a rotorcraft, the Applicant requests an exemption from Part 27’s airworthiness 

standard for the same reasons identified in the exemption request from 14 CFR Part 21, Subpart 

H.

14 CFR 45.23(b), 45.27(a) and 91.9(c) – Marking and Identification Requirements

The Application seeks an exemption from the aircraft marking and identification requirements in

14 CFR 45.23(b), 45.27(a), and 91.9(c). These regulations require that when marks include only 

the Roman capital letter “N” and the registration number is displayed on limited, restricted or 

light sport category aircraft or experimental or provisionally certificated aircraft, the operator 

must also display certain terms near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than two inches or more than six inches high. Here, the sUAS will not be issued an 

airworthiness certificate and there will be no cabin or cockpit upon which certain words may be 

displayed. An equivalent level of safety for these exemptions will be reached by having the 

sUAS marked on its fuselage where the pilot, observer, and others working with the sUAS will 

see the identification of the sUAS as “Experimental”. The Applicant will also comply with any 

further requests for sUAS markings by the FAA.

14 CFR 61.113 Private pilot privileges and limitations.
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The regulation provides that no person that holds a Private Pilot certificate may act as a Pilot in 

Command (“PIC”) of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot 

to act as a PIC of an aircraft in connection with any business or employment if the flight is 

incidental to that business or employment, and the aircraft does not carry passengers or property 

for compensation or hire. Because the sUAS will not carry a pilot or passengers and is inherently 

stable with a sophisticated computer and GPS controls, the proposed operations meet the 

equivalent level of safety as the regulation by requiring the PIC operating the sUAS to have 

significant and extensive experience operating the sUAS in a non-commercial environment. 

Furthermore, the area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance according to the User Manual, and the flights are of limited duration and 

altitude.

14 CFR 91.7 Civil Aircraft Airworthiness.

No such airworthiness certificate will be issued for the sUAS and therefore this regulation is 

inapplicable to the Applicant’s sUAS. The Applicant will ensure that the sUAS is in airworthy 

conditions based upon compliance with the operating documents prior to every flight, and 

determine that the sUAS are in safe operational condition. Given the size of the sUAS and the 

requirements contained in the User Manual for maintenance and use of safety checklists prior to 

each flight, an equivalent level of safety will be provided.

14 CFR 91.9 Civil Aircraft flight manual, marking and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. The applicant believes the intent of this regulation is to ensure that flight

manual information is available to the aircrew while operating the aircraft. The Applicant 

requests an exemption because the aircraft to too small to carry the documentation, and the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of Section 91.9, the Applicant proposes that a User 

Manual be made available to the crew at the ground station anytime the aircraft is in or preparing 

for flight.

14 CFR 91.103 Preflight Action

The Application seeks an exemption from 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. An FAA approved Flight Manual will not be provided for the

sUAS, and therefore an exemption is required. An equivalent level of safety will be provided by

following the sUAS Manual’s comprehensive preflight checklist. The PIC will take all actions,

including reviewing weather, flight battery requirements, landing and takeoff distances, and

aircraft performance data, before initiation of flight.

14 CFR 91.119 Minimum Safe Altitudes.

The regulation establishes safe altitudes of civil aircraft and states that the minimum safe altitude 

requirements under which an aircraft may not operate, include 500 feet above the surface and 

away from any person, vessel, vehicle or structure in non-congested areas. Section 91.119(d)(1) 

allows for a helicopter to operate at less than those altitudes when it can be operated without
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hazard to persons or property on the surface, provided that each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopter by the FAA. To 

provide the intended photography and inspections the sUAS will normally need to be operated 

within a range of between 50 and 200 feet from the property being filmed or photographed, and 

therefore an exemption is required. The Applicant submits that an equivalent level of safety may 

be achieved because operations will only be flown over property or persons where permission

has been obtained and careful pre-planned flight path has been performed. The aircraft will be 

operated at a low altitude allowing, if the power fails, for an emergency landing without undue 

hazard to persons or property on the surface. Based on the small size of the UAS, the hazard to 

persons, vehicles and structures is limited when compared to manned aircraft, which should be 

considered in granting the exception.

14 CFR 91.121 Altimeter settings.

This regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet above 

ground level (“AGL”) and will not need to maintain cruising altitudes in order to prevent conflict 

with other aircraft. An equivalent level of safety will be achieved by following the procedures

set for in the User Manual, and the PIC will use the GPS altitude indicator to constantly monitor 

the sUAS height, thus ensuring operation at safe altitudes.

14 CFR 91.151 Fuel Requirements for flight in VFR Conditions.

The regulation provides that no person may begin a flight in an airplane under VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at 

least 30 minutes, or if in a rotorcraft for at least 30 minutes. The Applicant believes that the 

intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. 

The battery powering the sUAS provides for approximately 23 minutes of powered flight. An 

equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of remaining 

battery power, whichever happens first. This restriction would be more than adequate to return 

the sUAS to its planned landing zone from anywhere within its limited operating area. Operation 

of the sUAS with less than 30 minutes of reserve fuel does not engender the type of risks that. 

Moreover, operation will be limited to controlled areas where only people and property owners

or official representative who signed waivers will be allowed. Based on these considerations an

equivalent level of safety will be ensured.

14 CFR 91.203(a) & (b) Civil Aircraft: Certifications Required.

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so

that it is legible to passengers or crew.” Here the sUAS is too small to carry documentation,

does not have an entrance, and is not capable of carrying passengers or crew. To obtain an 

equivalent level of safety and meet the intent of Section 91.203, the Applicant proposes that 

documents deemed appropriate for the sUAS be with the crew at the ground control station and 

available for inspection upon request. In order to identify the aircraft, we propose that the 

information found on airworthiness and registration certificates be permanently affixed to the
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aircraft view placard containing the following information plus the word experimental to satisfy 

the requirement of 14 CFR 45.23.

14 CFR Subpart E, Sections 91.401-91.417 – Maintenance, Preventive Maintenance, 

and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be “approved for return to service by a person authorized under

43.7” after maintenance and inspection. It is the Applicant’s intention that the PIC perform

maintenance and inspection of the aircraft and “be authorized to approve the aircraft for return to 

service.” The PIC will ensure that the aircraft is in an airworthy condition prior to every flight 

and in addition conduct detailed inspections after every two hours of flight. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking 

electrical connections and updating software and firmware for the on-board computer. All other 

maintenance will be performed by the manufacturer or their designated repair facility. The PIC 

will document work performed in accordance with 91.417. Due to the size, construction and 

simplicity of the aircraft, the PIC can ensure an equivalent level of safety is reached.

IV. Safety and Benefits o f the UAS to the Public as a whole

The Applicant will use the sUAS in a variety of applications that generally require expensive and 

full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer numerous 

benefits over the use of full-sized manned aircraft for real property inspections, and event film 

and still photography. The safe operation of sUAS will allow a wider range of individuals to 

obtain the benefits of aerial photograph, at a manageable and reasonable cost. The public as a 

whole will benefit from the safer and more cost-effective availability of aerial photography. 

Replacing larger manned aircraft carrying crew and flammable materials with small UAS carrying

no passengers or crew provides increased safety for pilots and crew. By granting the Applicant’s

requested exemptions, the FAA will assist with the development and safety of commercial sUAS

operations. Therefore, the FAA has good cause to grant this application.

V. A Summary for Publishing in the Federal Register

H. James Stanton Photography LLC seeks an exemption from the following rules:

14 CFR Part 21; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14

CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) & (b); 14 CFR 91.405(a); 14 CFR

91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417(a) & (b).

H. James Stanton Photography LLC seeks this exemption for the purposes of 

conducting aerial photography, videography and inspections for commercial and 

residential real estate, legal, environmental services, construction and insurance

industries, and event photograph and videography.

James Stanton Photography, LLC does not intend to operate the sUAS outside of the

United States.
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VI. Conclusion.

As set forth herein, H. James Stanton Photography LLC seeks an exemption pursuant to 14 CFR

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

operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the

limited purpose of conducting aerial video and photography over certain areas of the United 

States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional 

mandate of the FAA Modernization and Reform Act of 2012 while also advancing the interest of 

the public, by allowing the safe, efficient and economical operation of the DJI Phantom 3 UAS 

commercially within the NAS.

Dated: January 12, 2016

H. James Stanton Photography, LLC

H. James Stanton II, Managing Member

2808 Noyes Ave

Charleston, WV 25304

304-395-3546

hjamesstanton@gmail.com