Date: March 12, 2016

Cody R. Graham

PO Box 81377

Fairbanks, Alaska 99708

Codyrg104@aol.com

(907)-727-5788

Subject: Exemption Request- Section 333 of the Federal Aviation Administration

Reform Act of 2012 - The petitioner (Cody R Graham) is seeking exemption from the below listed 

FARs under Section 333 of the FAA Reform Act to allow the operation of the DJI Phantom 3 Advanced 

sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA). This grant of 

exemption will permit the petitioner to operate the UAS for commercial photography, videography, and 

live-feed purposes. 

Dear Sir or Madam,

This document constitutes an exemption request under Section 333 of the FAA Modernization and

Reform Act of 2012 for a Small Unmanned Aerial System (sUAS) to perform Aerial Photography & 

Videography by/for Cody Graham. The main use of this UAS would be taking real estate photos and 

videos commercially. The sUAS system that I plan to use is a DJI PHANTOM 3 Advanced. Below are a few 

points to note about the system itself and intended usage.

1. The safety concerns to the UAS and/or persons and/or property will be kept to a minimum by always 

flying the UAS within visual eye contact, less than 400 ft above ground and not directly above persons or 

public events. The orientation of flights will be such that the pilot in command (PIC) always has a visual 

on the rear mounted LED flight Indicator. Additional safety features on the DJI PHANTOM 3 Advanced 

include return to home feature, low battery voltage warnings, GPS attitude flying, and constant flight 

recording modes. In addition to these, there are multiple fail safe modes and features, all allowing safe 

flight with minimal risk. Please see this flight manual for more information on these modes and safety 

features. 

2. Preflight inspection would consist of checking battery condition/level in both the transmitter and 

sUAS. There is a linking feature will not let the UAS start if communication is not established. A check for

power-lines, antennas and other overhead objects would be performed. Wind conditions will be 

monitored and always taken into consideration before and during flight. A check of all systems and 

motors would be performed, as well as a propeller check. The aircraft itself performs a self-check before 

every flight, and displays the information on the controller. A check for any TFRs would also take place 

before each flight. 

3. The radio frequency of the DJI PHANTOM 3 Advanced is in 2.400GHz- 2.483GHz range. Maximum 

take-off weight less than 1280g. Max Ascent speed 5 m/s, max descent speed 3 m/s. Maximum flight 

speed 16 m/s (no wind).

4. The PIC will be me, and I have a minimum of 50 plus flights with the DJI PHANTOM 3 advanced in a

hobbyist manner without any incidents, and fly several times a week. 

5. I am in sound medical and mental health, with a current FAA class 3 medical certificate.

6. The primary use of this DJI PHANTOM 3 Advanced drone is to provide aerial images and video to real 

estate companies and commercial properties - an option that had not been viable for these businesses 

until the recent boom in drone popularity. I also would be available for search and rescue missions as 

needed. 
7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata 

recorded on a hard drive. This data would be kept readily available for a period of 1 year after each 

aerial flight for hire.

8. In use flight time for UAS operation during real estate projects would be no more than 20 minutes at a 

time. Each battery lasts approximately 25 minutes of uninterrupted flight. With multiple batteries, I 

would be able to provide several sessions at a time, each 20 minutes with an aircraft inspection between 

each flight.

9. Proximity of local airports: There are several airports in the city I would be primarily operating from, 

Fairbanks, Alaska. The primary is Fairbanks International, (PAFA). Also in the area are Ladd Air Force 

Base (PAFB) and Metro Field. All are within class D airspace. The UAS will not be operated within 5 miles 

of either airport without prior written permission from the Flight Standards Office and notification to 

the controlling agency and tower. Note: The latest firmware for the DJI PHANTOM 3 Advanced will not 

allow the drone to operate within a no fly zone or within 5 miles of center of airports in compliance to 

FAA rules and regulations. I would also always check for any restrictions, suas, and TFRs before flight.

Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21

Along with Sections:

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R . 91.119 (a) (b) & (c)

14 C.F.R. 91.121

14 C.F.R. 91.405 (a)

14 C.F.R. 91.407 (a) (1)

14 C.F.R. 91.409 (a) (2)

14 C.F.R. 91.417 (a) & (b)

The petitioner requests relief from the following regulations:

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23 (b) prescribes, in pertinent part, 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 on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 

inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as

applicable. 

Reason for relief: The body of the DJI Phantom is too small to support this size of markings, nor has a 

cockpit or cabin.

Action: The UAS will be marked with the owner’s name (Cody Graham) and contact information as 

large as reasonable. In addition, the serial number is on the sUAS, and searchable online. 

Section 61.113 (a) & (b) prescribes that— (a) no person who holds a private pilot certificate may act 

as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection 

with any business or employment if:

Reason for relief: (A) & (B) The flights are only incidental to the business of photography. This UAS is 

too small to carry a pilot or passenger and will not carry or deliver any personal property for hire. 
Action: The only payload for this exemption is a fixed camera. No other payload/payloads will be 

allowed.

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in 

an airworthy condition.

Reason for Relief: Airworthy condition is not defined in the DJI PHANTOM 3 Advanced manual. 

Action: An airworthy preflight inspection would be checking battery condition/level in both the 

transmitter and UAS. The binding/link feature will not let the Phantom Advanced start up if 

communication is not established. A GPS signal and “home Point” will be recorded prior to any flight. All 

motors and propellers will be given an inspection before each flight. The aircraft performs a self-check, 

with results visible on the controller. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the 

aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, 

and placards, or any combination thereof.

Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft Flight Manual.

There is not a place for placards or a manual on board the aircraft.

Action: I will follow the preflight checklist that is included in the user manual. This includes a visual 

inspection of the UAS and all its parts. Flight will be grounded if any parts are damaged or not in good 

working order. I will have the manual with me during commercial flights.

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power 

unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over 

congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly 

of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet 

of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.

Reason for relief: This sUAS Phantom quad-copter at most times would be operated at less than the 

minimums prescribed in paragraph (b) or (c) of this section. The regulation states that over sparsely 

populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. Since the typical photo assignment would be photography of real estate structures and or 

vacant land it would be necessary to operate closer than 500 feet. Also, according to current regulations 

for sUAS, it would be required to operate less than 400ft AGL. 

Action: Operations will only be flown over property where permission has been obtained and careful 

pre-planning has been performed. If/when the low battery LED flashes the UAS will be landed in a safe 

manner. Due to the small size and weight of the Phantom 3 advanced, the hazard to persons, vehicles 

and structures is minimal compared to manned aircraft.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.

Reason for relief: The Phantom 3 Advanced is not equipped with an altimeter. There is no minimum

cruising speed as it hovers, and it will not be launched from an airport. There is a GPS altitude that is 

relayed to the controller at all times.

Action: The AGL altitude will be less than 400 feet shown, and can be programmed into the aircraft not 

to exceed that altitude. Consideration will be placed on the rising and falling of terrain levels. 

Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected.
Reason for relief: There is no certified inspection facility and the Phantom 3 Advanced will not power 

on if it fails the self-test at power on. I will also not fly the aircraft if it does not pass my personal 

preflight inspection. 

Action: In the event that the Phantom 3 Advanced needed inspection for any major or intermittent 

problems it would be sent to the manufacturer for repair or replacement. 

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved 

for return to service by a person authorized under section 43.7 of the same chapter.

Reason for relief: Replacement of props, motors, and batteries will be allowed by the operator. In 

addition, updating firmware when required will be done by operator. No authorized person will need to 

sign off on such repairs, other than the operator. 

Action: Parts will be genuine factory replacement. Only manufacture approved firmware will be 

uploaded.

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter.

Reason for relief: There is no certified inspection facility or process for the Phantom 3 Advanced. 

Action: When any flight or intermittent problem become apparent and is not remedied by a simple 

repair the entire UAS would be sent for repair or replacement to the manufacturer. 

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall keep 

the following records for the periods specified in paragraph (b) of this section:

Reason for relief: Due to the simplicity, size and limitation of the Phantom 3 advanced, these records 

would not be necessary. However, any changes to the sUAS would be recorded and logged 

appropriately. 

Action: All photo flights for hire would have the date, time, GPS coordinates along with the camera 

metadata recorded. This data would be kept readily available for a period of 1 year after each aerial 

flight for hire, as well as maintenance logged into the pilot log book. 

Public Interest: Granting my request would be in the public interest by giving an opportunity for real 

estate and commercial properties to offer safer and more competitively priced aerial photography and 

videography to the general public. It would be done with minimal risk, and with minimal environmental 

impact. 

Adversely affect safety: This exemption would not adversely affect the safety of the general public 

due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial photography from a 

manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental 

impact.

Conclusion: The petitioner (Cody R Graham) is requesting this exemption for the purposes of aerial 

photography, cinematography, videography, mapping, inspections and other flight operations. I want 

the opportunity to work in the real estate and with commercial building owners to offer a new 

perspective to their clients.

Sincerely,

Cody R Graham