July 29, 2015

Trace Norton

2429 Dorian Drive. 

Cincinnati, OH 45215

FAA

Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Avenue, SE

West Building, Ground Floor, Room W12-140

Washington, DC 20590

To whom it concerns, 

I, Trace Norton, operator of an Unmanned Aircraft System (UAS), hereby applies for an

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation 

of my UAS, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333.

UAS Type

DJI Phantom 3 Professional

UAS Specs/Documents and Manuals

http://www.dji.com/product/phantom-3/spec

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en.pdf

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Guidelines_en.pdf

http://download.djiinnovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf

PIC Background

I, Trace Norton, am a current aircraft dispatcher for a Part 135 carrier based out of CVG 

international airport. I work for Ameriflight Inc. and have been there for 7 months. My

certificate number is 3697655. In addition to my dispatch license, I also possess a current private 

pilot license #3697655 with a third class medical certificate as well.

I have been flying my specific drone for 3 months and have accumulated nearly 100 hours of 

flight time. I have been using various visual observers for my flights and they help ensure my 

drone is safe while in the air. 

Trace J. Norton

513-307-1424
nortontrace@yahoo.com

2429 Dorian Drive

Cincinnati, OH 45215

Aircraft Rules and Safety

I, Trace Norton, will adhere to all of the following limitations and conditions when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual (FOM):

1. The UAS will weigh less than 55 lbs. and have a maximum operating speed of no more than 

50 mph. 

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

3. 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.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL)

5. 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.

6. 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.

7. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation

8. 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. 
9. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

10. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

11. 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 5 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

12. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination. With the advance permission of the FSDO, operations at closer range may be 

approved. 

13. 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.

14. 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. 

15. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

16. The UAS will have the capability to abort a flight in case of unpredictable obstacles, weather 

or emergencies. 

17. 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.

18. 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.

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 6 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. 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.

23. The UA must remain clear and give way to all manned aviation operations and activities at 

all times.

24. The UAS may not be operated by the PIC from any moving device or vehicle.

25. 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.

26. 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.

27. 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.

As described fully below, the requested exemption would permit the operation of sUAS under 

controlled conditions in the NAS that would be:

a) Limited b) Controlled c) Predetermined and will provide safety enhancements to the already 

safe operations in the industry presently using conventional aircraft. Approval of this exemption 

would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “....establish requirements for the safe operation of such 

aircraft systems in the national airspace system.”

Regulations from which the exemption is requested:

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R.

91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R.

91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and

(2), 14 C.F.R. 91.417(a) and (b)

14 C.F.R. Part 21: Airworthiness Certificates

Given the size and limited operating area associated with the aircrafts to be utilized by

I, Trace Norton, an exemption from Part 21 meets the requirements of an equivalent level of

safety under Part 11 and Section 333 of the reform Act. In all cases, an analysis of these

criteria demonstrates that the UA operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed will be at least as safe, or safer,

than conventional aircraft operating with an airworthiness certificate without restrictions and

conditions proposed.

14 C.F.R. 45.23: Display of marks: general

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

a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, I state that

two-inch lettering is difficult to place on such a small aircraft with dimensions smaller than the

minimal lettering requirement. Regardless of this, I state that I will mark his UAS in the largest

possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so

that he or anyone assisting him as a spotter will see the markings. 

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

The FAA has previously declared that additional manned airship experience of a

commercially certified pilot would not correlate to the airmanship skills necessary for similarly

proposed operations in previously issued exemptions to this regulation through Exemption

Nos. 11062 and 11138.

14 C.F.R 91.7: Civil aircraft airworthiness

Currently, since there is no certificate applicable to the UAs in question, this regulation
is inapplicable.

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

Requires an aircraft flight manual in the aircraft, however there are no pilots or

passengers on board this aircraft and given its size, this regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a safety/flight manual with the

operator.

14 C.F.R. 91.119(c): Minimum safe altitudes

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 

500 feet to the ground may require that the UA be operated closer than 500 feet to essential 

persons, or objects that would not be possible without additional relief. The petitioner requests 

modification, waiver or exemption and clarification concerning the terms “congested areas” and 

“densely populated”. The petitioner requests waiver for this condition to allow reasonable and 

responsible operations in areas of subdivisions and neighborhoods if required. The petitioner will 

primarily operate the UAS between ground level and 200 feet. The UAS will be operated over 

designated properties with the owner’s consent and while maintaining a safe distance from 

persons. The petitioner will compile flight data from the logs. This data may assist the FAA in 

development of regulations for commercial operations in low-risk, controlled environments.

14 C.F.R. 91.121: Altimeter settings

The UAS utilize electronic GPS with a barometric sensor. An equivalent level of safety will be 

achieved by using this.

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions

The UAS that I will fly are powered by electricity, using lithium polymer batteries that

currently have a flight limit of approximately no more than 25 minutes. Information about 

batteries can be found in the Operator’s manual. Information provided in the operating 

documents discusses procedures regarding remaining battery power management. Those 

documents contain a condition in which the PIC will initiate a landing procedure when battery

remaining reaches a specified level. Given the limitations on proposed operations and the 

location of those proposed operations, The FAA found that a reduced minimum power reserve 

for flight in daytime VFR conditions was reasonable.

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required

Currently, there are no procedures for providing airworthiness certificates for the

mentioned UAS. I, Trace Norton, however will always fly safely while having the manuals of

the DJI Phantom 3.

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

and (b) Maintenance inspections may be required and should be granted since they only apply

to aircraft with an airworthiness certificate. However, I state that as a safety precaution I will

perform a preflight inspection of his UAS before each flight as outlined in my operating

documents. Maintenance inspections may be required and should be granted since they only 

apply to aircraft with an airworthiness certificate. I will also follow manufacturer 

recommendations from operating documents.
My UAS is a multi-rotor craft weighing less than 55 lbs. including payload. Under normal 

conditions it operates at speeds of no more than 50 knots and has the ability to hover and move 

along a vertical and horizontal plane simultaneously. It will be operated within line of sight and 

within a closed off and predetermined area owned and operated by the property representative or 

requesting agency. 

Given the small size of the sUAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues.

Risk/Public Interest

I have reviewed FAA exemptions reference’s 1-3 Conditions and Limitations section and 

believes that the procedures specified therein are reasonable and will be utilized in order to 

manage and mitigate risk and ensure public safety. A preflight checklist will be developed and 

employed to ensure that the UA airworthiness will be verified before launch. Airworthiness will 

be maintained by performance of routine inspections before each flight, maintaining flight and 

maintenance logs to record time on failure prone components. These documents will be made 

available to the FAA and so to assist in future implementation of safety standards and 

regulations. The petitioner will only operate the UAS over designated properties with the 

owner’s consent. Flight plans will be predetermined to limit the UASs flight time and limit safety

concerns. The petitioner will take into account distance from persons and potential flight 

obstacles prior to operating the UAS. UAS operation will always be within VLOS of the PIC and 

the observer.

Public Interest

Regarding the level of safety surrounding the proposed operations and the public benefit, 

reduction in the environmental impacts, including but not limited to reduced emissions and 

noise, the grant of the requested exemption by the Applicant is in the public interest. Use of the 

UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as 

compared to similar operations conducted with manned aircraft of greater proportions, carrying a 

crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce could 

lead to economic growth. Operations for this petition will enable service for property owners or 

their designees seeking an enhanced perspective for characteristics, amenities, and benefits of 

their desired photographic subjects that cannot be displayed through ground level 

videography/photography. Aerial photography is a valuable marketing tool that can lead to 

increased commerce and enhance personal photography. Aerial surveying and inspections can 

increase work site efficiency, improve volumetric estimations and reduce risks. The petitioner 

will provide clients with photographic data for these purposes on a ‘for hire’ basis acting as an 

independent contractor. A visual observer will be utilized. Flight data including UA flight time, 

Control Unit operation time, incident, accident, and details concerning any deviations from 

normal operations will be available to FAA for use in collecting data regarding the use of UAS 

as part of this application. This data may be submitted to FAA via traditional means or other 

means as required.
Aircraft Specifications

I request to operate a DJI Phantom 3 Professional along the guidelines of the accompanying DJI 

Phantom 3 Operator’s Manual, Quick Start Guide, Flight Battery Safety Guidelines, and the 

Safety Guidelines Disclaimer. This UAS will be equipped with a non-detachable camera along 

with propeller guards and it will be transported in a hard shell case. I will have a direct live feed 

to my tablet device so that I may see a direct point of view of my flying. This proposed 

exemption would allow me operation of a UAS in the NAS for the purpose to serve the public 

and to businesses. 

This specific UAS was chosen because it has proven reliable flying capabilities managed by gyro 

stabilized flight, ground detection, GPS aided navigation, a compass, blinking LEDs, and a 

failsafe mode that would allow for returning to a selected home point. 

I plan commercially to use my DJI Phantom 3 Professional for the following purposes:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

2. Aerial photography and/or video for public and/or private use including public events,

weddings, ceremonies, cinematography and public gatherings. 

3. Aerial inspections/photography of residential/commercial structures under contract with the 

owners or local government authority. 

4. Aerial inspections/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers. 

All flight operations are to be performed with safety as its number one priority. Operations will 

be performed only at the request of and with the authorization and permission of clients or their

authorized agents in order to facilitate commerce and raise awareness of the beneficial uses of 

small unmanned air systems.

Conclusion 

I am requesting this exemption for the purposes of “aerial photography, cinematography, 

videography, inspections and other flight operations”. The reason for such a general and broad 

based request is that I wish to utilize a business strategy of horizontal integration and maximize 

economies of scope in order to capitalize on opportunities as they may arise in the future without 

the long turnaround time associated with additional exemptions. My business model is based on 

the idea of offering small UAS services to individuals or companies who wish to employ these 

services as a safe, effective, and legal option to enhance their business or hobby. I have refrained 

from engaging in commercial use of the UAS. The primary purpose of seeking this exemption is 

to obtain the capability to offer those services while remaining in compliance. I have 16 years of 

flying drones and various RC aircraft as hobby.

Thank you for your time and consideration,

Trace J. Norton