February 9, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue

SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the FAA Regulations 

and certain parts of the FARs.

Dear Sir or Madam:

Request:

In order to provide safe and environmentally-friendly aerial videography and photography for and 

public business interests, I, Wesley Sallee, pursuant to Section 333 of the FAA Modernization and 

Reform Act of2012 ("FRMA"), would like to formally submit for exemptions from the following 

Section 333 regulations:

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23(b)

• 14 C.F.R. 61.113(a) and (b)

• 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) (l),

• 14 C.P.R. 91.203(a) and (b),

• 14 C.F:R. 91.405(a),

• 14 C.F.R. 91.407(a) (l),

• 14 C.F.R. 91.409(a)(l) and (2),

• 14 C.P.R. 91.417(a) and (b)

I am requesting these exemptions so that I may safely operate the DJI Phantom 3 Professional UAS 

commercially along the guidelines of the accompanying operator's manual as well as FAA guidelines 

for UAS flight and safety guidelines set by the Academy of Model Aeronautics (AMA).

Proposed UAS and Operations

The DJI Phantom 3 Professional weighs less than three pounds, will always be flown under 400 feet 

limited via software by its GPS and barometric sensors, is electrically powered by a lithium ion battery, 

carries no combustible fuel or crew, and will be transported in proper storage to and from all flight 

areas (in accordance with FAA guidelines). The aforementioned proposed exemptions would allow me 

to operate the DJI Phantom 3 Professional UAS for commercial purposes of aerial videography and

Photography as a service to public and business interests, including: real-estate photography and 

videography, wedding and private individual photography and videography, public and commercial 

photography and videography, and agricultural photography and videography. 
As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved similar use of 

the DJI Phantom 3 Professional UAS. These particular UAS have been proven reliable and safe flying 

machines managed by gyroscopically-stabilized flight, ground detection, GPS-aided navigation, a 

built-in compass, blinking LED lights, a manual and automatic failsafe "Return To Home" mode for 

returning to the point of takeoff, and propeller guards in order to protect both the U AS and the 

environment. This particular model combines state-of-the-art, proven technology with high quality

manufacturing and user-friendly control to ensure safe operation and easy maintenance and care.

Specific section(s) of 14 CFR which I seek relief and the reason(s) I seek relief:

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

Given the size and limited operating area associated with the UAS to be utilized, an exemption from 

Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. As evidenced in Exemption No. 12045, "in all cases, an analysis of these criteria 

demonstrates that the UAS 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

Because the DJI Phantom 3 Professional does not have a cabin, cockpit, pilot station, fuselage, boom, 

or tail on which to mark large words, numbers, or phrases, I request exemption from the above 

regulation. However, in efforts to comply with the above regulation and those set by the Academy of 

Model Aeronautics (AMA), I will affix a small label to the external hull of the UAS indicating my 

name, address, and my FAA Registration Number

.

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

Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations. However, 

I am able to achieve an equivalent level of safety through current FAA regulations of UAS operation 

and AMA safety guidelines (outlined in the summary of this document) without such a certification 

because of the above mentioned safety features of the DJI Phantom 3. According to Exemption No. 

12045 in which the DJI Phantom 3 Professional was authorized for similar operation, "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." Therefore, bearing any pilot 

certification or license will not ensure remote piloting skills of a UAS; the risks of operating this UAS 

are far less than the risk levels inherent in commercial activities with traditional aircraft given the DJI 

Phantom's safety features and the limited range and speed of the UAS. The FAA has approved a

similar exemption to the above rule as evidenced in Exemption No. 12058.

14 C.F.R 91.7: Civil aircraft airworthiness

Currently there is no certificate applicable to this UAS, and therefore it will be up to me, Wesley

Sallee, to determine the airworthiness of the DJI Phantom 3 in accordance with its official operating 

manual. Written and signed pre and post-flight inspections of the propellers, motors, frame, landing 
stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly ensured 

GPS locks as indicated by the DJI Phantom's display of “Safe to Fly" message will be performed 

before and after each flight, accurate records of which will be kept with the UAS's storage and 

transportation system at all times. These records will be dated and will include the total flight time of

each flight.

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

As evidenced in Exemption 12045, since 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." In addition to the official safety/flight manual 

provided by DJI upon purchase of the Phantom 3, following the AMA guidelines for safe flight

operations and the FAA regulations for UAS operations will ensure a high level of safety.

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

I, Wesley Sallee will ensure that the UAS does not operate any higher than 400 feet at ground level by 

setting the maximum altitude at 400 feet in DJI's pilot application and ensuring this is set before each 

flight as part of the pre-flight inspection. I will not fly over congested areas or directly above

unprotected people or moving vehicles. I will plan operations before hand for proper flight safety and 

proper height analysis as to avoid collisions. The GPS and barometric sensors equipped on the DJI 

Phantom 3 will ensure accurate altitude readings, the output of which will be fed to my tablet device in 

real time as I operate the UAS.

14 C.F.R. 91.121: Altimeter settings

The DJI Phantom 3 utilizes the latest GPS/GLONASS technologies as well as a barometric sensor with 

live data output to the tablet device attached to the transmitter. An equivalent level of safety and

accurate altimeter telemetry will be achieved by using this.

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

The DJI Phantom 3 is electrically-powered by lithium ion batteries which are made by DJI specifically 

for this particular UAS. They are rated as providing no longer than 25 minutes of flight time. 

Therefore, due to the limitations of the batteries, it is currently impossible to comply with part 91.151.

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, 

Wesley Sallee, however will always fly safely while having the manuals of the DJI Phantom 3 and 

abiding by FAA regulations for UAS operation and AMA safety guidelines.

14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after

maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(l)

and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records

Maintenance inspections may be required and should be granted since they apply to aircraft with an 

airworthiness certificate. However I, Wesley Sallee, will perform both preflight and post-flight 
inspections of the UAS before and after each flight as outlined in the operating documents. I, Wesley

Sallee, will also follow manufacturer recommendations from said operating documents and keep a 

written record of any maintenance done to the UAS.

Public Interest and Public Safety:

Aerial photography and videography provided to the public allows for a more cost-effective, safe, and 

environmentally-friendly method to capturing imagery than its alternative: manned aircraft and 

helicopters. The latter are expensive to operate and maintain, create a high level of noise, and are much 

more hazardous due to size and combustible fuel - especially if flown at low altitudes required for 

some operations. I, Wesley Sallee, in addition to using my UAS for commercial endeavors, will also 

gladly offer my services free of charge upon request and with proper coordination to any official search 

and rescue or emergency services organization to benefit the public. Because of this, an increase of 

commercial activity and a gaining of more detailed understanding of private and/or farm land would 

help local and area communities by: reducing pollution, risk, and operating costs by alternative aerial 

video and photography services such as manned airplanes and helicopters, reducing carbon emissions 

and traffic congestion by vehicles looking to view properties such as real-estate or farm land, and 

increase visibility to local attractions thereby bolstering local commerce and tourism. Given that there 

is no fuel and no crew on this UAS, that it weighs less than three pounds and has propeller guards, as 

well as having a low maximum speed (less than 25mph), safe operation of this craft does not pose any 

immediate danger to the environment, wildlife, infrastructure or people. DJI has built in a "No Fly 

Zone" for major cities and points of interest that have registered as a "do not fly zone." Operation of 

the Phantom 3 cannot happen in these locations, as any flight capabilities becomes blocked by the UAS 

itself if within range and the operator is notified. Given its GPS and ground-sensing capabilities, a 

failsafe "Return To Home" mode will safely return the craft to the operator at the push of a single 

button or automatically when the craft is either low on power or operating outside of its transmitter's 

range. This ensures that the craft will not remain airborne in unsafe conditions and pose any public 

danger.

Summary

I, Wesley Sallee, am seeking exemption from the following rules: 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)(l), 14 C.P.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)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions of the 

mentioned rules I, Wesley Sallee, will be seeking to make my UAS photography/videography services 

available to public and commercial interests. The FAA has authorized similar operations under

Exemption Nos. 12045 and 12053. Alternatively, public and commercial interests had previously 

sought the use of manned aircraft to achieve what I can offer in a safer, more cost-efficient and

environmentally-friendly manner by not using combustible fuel, flying at safe heights and strictly 

following the usage recommendations from DJI and safety procedures by the Academy of Model 

Aeronautics. These include but are not limited to:

• Flying the DJI Phantom 3 safely in accordance with its operator's manual

• Maintaining active and full membership in the Academy of Model Aeronautics (AMA), which 

provides' a high level of insurance and training programs to its members.

• Always flying below 400 feet, using the DJI Phantom's altitude limiter to ensure this.

• Completing thorough inspection of UAS before and after flights and keeping inspection records with 

the craft at all times

• Keeping the UAS in visual sight at all times when in operation
• Using an observer to assist if needed

• Remaining safely clear of and do not interfere with manned aircraft operations

• Not flying directly over unprotected persons or moving vehicles

• Not flying within 5 miles of an airport or control tower

• Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

• Not flying under the influence of alcohol or drugs

• Ensuring the operating environment is safe

• Not flying over sensitive infrastructure or property such as power stations, water treatment facilities, 

correctional facilities, etc.

• Checking and following all local laws and ordinances before flying over private property

• Not conducting surveillance or photographing persons in areas where there is an expectation of 

privacy without the individual's permission

In addition to these above general standards, I, Wesley Sallee, will follow and abide by the following 

AMA safety guidelines:

A. [DEFINITION]: A "model aircraft" is a non-human-carrying aircraft capable of sustained flight in 

the atmosphere. [This includes UAS such as the DJI Phantom 3].

1. Model aircraft will not be flown:

(a) In a careless or reckless manner.

(b) At a location where model aircraft activities are prohibited.

2. Model aircraft pilots will:

(a) Yield the right of way to all human-carrying aircraft.

(b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA Document 

#540-D.)

(c) Not fly higher than approximately 400 feet above ground level or within five miles of an 

airport.

(d) Not interfere with operations and traffic patterns at any airport, heliport or seaplane base.

(e) Not exceed a takeoff weight, including fuel, of 55 pounds. (AMA Document 520-A.)

(f) Ensure the aircraft is identified with the name and address or AMA number of the owner on 

the inside or affixed to the outside of the model aircraft.

(g) Not operate aircraft with metal-blade propellers or with gaseous boosts (AMA Document 

#555.)

(h) Not operate model aircraft while under the influence of alcohol or while using any drug that 

could adversely affect the pilot's ability to safely control the model.

(i) Not operate model aircraft carrying pyrotechnic devices that explode, burn or any device 

which propels a projectile or drops any object that creates a hazard to persons or property.

(j) Not operate a turbine-powered aircraft, unless in compliance with the AMA turbine 

regulations. (AMA Document #510-A.)

3. Model aircraft will not be flown in AMA sanctioned events, air shows or model demonstrations 

unless:

(a) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers 

intended or anticipated prior to the specific event.

(b) An inexperienced pilot is assisted by an experienced pilot.

4. When and where required by rule, helmets must be properly worn and fastened. They must be 

OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with comparable standards.

B. RADIO CONTROL (RC)

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall 

avoid endangerment of life and property of others.
2. A successful radio equipment ground-range check in accordance with manufacturer's

recommendations will be completed before the first flight of a new or repaired model aircraft.

3. At all flying sites a safety line(s) must be established in front of which all flying takes place. (AMA 

Document #706.)

(a) Only personnel associated with flying the model aircraft are allowed at or in front of the 

safety line.

(b) At air shows or demonstrations, a straight safety line must be established.

(c) An area away from the safety line must be maintained for spectators.

(d) Intentional flying behind the safety line is prohibited.

4. RC model aircraft must use the radio-control frequencies currently allowed by the Federal 

Communications Commission (FCC).

5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing flying site 

without a frequency-management agreement. (AMA Documents #922 and #923.)

6. With the exception of events flown under official AMA Competition Regulations, excluding takeoff 

and landing, no powered model may be flown outdoors closer than 25 feet to any individual, except for 

the pilot and the pilot's helper(s) located at the flight line.

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight while it 

is still under power, except to divert it from striking an individual.

9. The pilot of an RC model aircraft shall:

(a) Maintain control during the entire flight, maintaining visual contact without enhancement 

other than by corrective lenses prescribed for the pilot.

(b) Fly using the assistance of autopilot or stabilization system only in accordance with the 

procedures outlined in AMA Document #560.

C. FREE FLIGHT

1. Must be at least 100 feet downwind of spectators and automobile parking when the model aircraft is 

launched.

2. Launch area must be clear of all individuals except mechanics, officials, and other fliers.

3. An effective device will be used to extinguish any [fire] on the model aircraft.

4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown 

closer than 50 feet to any above-ground electric utility lines.

5. The flying area must be clear of all nonessential participants and spectators before the engine is 

started.

I thank you for your time; consideration and effort in processing this request and look forward to

cooperating fully with the FAA in its continued commitment for the safe operation of UAS.

Sincerely,

Wesley Sallee

48 East Main Street

Greenwich, OH 44837

wsallee@yahoo.com

(419)752-6952