U.S. Dept. of Transportation, 

Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE 

Washington, DC 20590 

January 19, 2016

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 

of the Federal Aviation Regulations 

Dear Sir or Madam; 

In accordance with the Public Guidance for Petitions for Exemption filed under Section 333, I, Sherie 

Hodge request exemption from the Federal Aviation Regulations to allow for commercial operations of 

a DJI Phantom 3 Professional, Unmanned Aerial System (UAS) for purposes of aerial photography and 

videography; but only 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 or Section 49 USC § 

44701. 

Applicant: 

Sherie Hodge

3535 Peachtree Rd., NE

STE. 520-148

Atlanta, GA 30326

(404) 664-8313

sherie.hodge@gmail.com 

Scope:

Enhance and augment videos by using the Phantom 3 Professional Unmanned Aircraft System to

conduct aerial photography and videography of real property. UAV Phantom 3 Professional: The DJI 

Phantom 3 is a quad-rotor Unmanned Aircraft System (UAS) weighing less than 3 pounds. The Phantom 

3 UAS that Sherie Hodge will be responsible for also utilizes a mobile ground station. The UAS features a 

safety Return to Home function that in the event of a signal loss, the UAS will return to a preset position 

and land safely. The Return to Home feature can also be triggered manually. The remote connects to 

your phone or tablet, and a 1080p HD view of everything your camera sees as you fly is displayed live.

This immersive view streams to you in absolute clarity, enabling safe flying. From takeoff to landing, the 

Phantom 3 responds to commands while automatically handling the most complex aspects of safe, 

stable flight.

Sherie Hodge - Section 333 Exemption Request | Page 1 of 4
Regulations from which the exemption is requested: 

14 CFR 21, Subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 (b) (2) 

14 CFR 91.109 

14 CFR 91.119 (c) 

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) (l) 

14 CFR 91.409 (a) (l) & (a) (2) 

14 CFR 91.417 (a) & (b)

14 CFR 21, Subpart H- In consideration of the size, weight, speed, and limited operating area associated 

with this UAS and its operation, I, Sherie Hodge request relief from 14 CFR part 21, Subpart H, and any 

associated noise certification and testing requirements of part 36. The UAS will carry neither pilot, 

passenger, explosive materials nor flammable liquids. 

14 CFR 45.23 (b)- Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the UAS, two-inch lettering will be impossible. The word 

"Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of 

safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the 

pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental." 

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a)- Since the UAS will not carry a pilot or passengers I, Sherie 

Hodge request a relief from these regulations. Any pilot in command or (PIC) operating the UAS will hold 

a Sport Pilot (or greater) certificate. A visual observer or (VO) will be utilized and required to 

communicate verbally at all times. The UAS will be limited to operations within visual distance of both 

the PIC and VO. All UAS operations will take place in a controlled area. The risks associated with the use 

of a UAS are far less than similar commercial aircraft operations. 

14 CFR 91.7 (a)- Since the UAS will not carry a pilot or passengers there will be no airworthiness 

certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard exists 

for determining airworthiness. Given the size of the aircraft, maintenance, and use of safety checklist 

prior to each flight, an equivalent level of safety will be provided. All flights will be in accordance with 

the safety and maintenance recommendations found in the DJI Phantom 3 manual.

Sherie Hodge - Section 333 Exemption Request | Page 2 of 4
14 CFR 91.9 (b) (2) - Given the size and configuration, the UAS has no ability to carry a flight manual on 

the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. An 

equivalent level of safety will be maintained by keeping the flight manual at the ground station where 

the UAS pilot will have immediate access to it. 

14 CFR 91.103 (b) (2) - As no FAA approved flight manuals will be provided for the aircraft an exemption 

is needed. Alternate procedures including but not limited to reviewing weather conditions, checking 

flight battery requirements, checking takeoff and landing distances along with other protocols will be 

implemented at all times. These actions will provide an equivalent or higher level of safety. 

14 CFR 91.109- UAS and remotely piloted aircraft do not have fully functional dual controls. Flight 

control is achieved through the use of a control box that communicates with the aircraft via radio 

communications. An equivalent level of safety will be achieved using the real time ground station data 

and given the UAS will carry neither a pilot nor passengers. 

14 CFR 91.119 (c) - The UAS will never be operated at an altitude higher than 400 feet AGL. The UAS will 

operate in safe areas away from public and traffic and only with permission of the property and 

structure owners. The UAS will also be restricted by the flight controller to a maximum vertical height of 

400 feet AGL, and 1500 feet horizontal. Given the size, weight, maneuverability and speed of the UAS, 

an equivalent or higher level of safety will be achieved. 

14 CFR 91.121- As the UAS may not have a barometric altimeter, but instead a GPS barometric sensor 

for altitude information an exemption may be required. An equivalent level of safety will be achieved 

using a ground station which links to a telemetry data link. This will provide the pilot with live flight data 

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator prior to flight. 

14 CFR 91.151 (a) - The UAS has a limited range and will be limited to operations in a controlled 

environment. The battery power the UAS provides approximately 23 minutes of flight time. The UAS is 

unable to meet the 30-minute reserve requirement and therefore requires an exemption. An equivalent 

level of safety will be achieved by monitoring the battery through the ground station and landing with a 

minimum of 30 percent battery power remaining. 

14 CFR 91.203 (a) & (b) - Given the size and configuration, the UAS has no ability to carry a flight manual 

on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. An 

equivalent level of safety will be maintained by keeping the flight manual at the ground station where 

the UAS pilot will have immediate access to it.

Given the following sections only apply to aircraft with an airworthiness certificate; these sections do 

not apply to this applicant. As a safety precaution, the operator will perform preflight inspections and 

ensure UAS is in working condition before initiating each flight: 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (l) & (a) (2) 

14 CFR 91.417 (a) & (b)

Sherie Hodge - Section 333 Exemption Request | Page 3 of 4
Equivalent Level of Safety 

In addition to the safety standards mentioned above the UAS will adhere to the following additional 

guidelines: 

1. The UAS will not be operated within 5 miles of an airport unless prior contact 

to Air Traffic Control has been established. 

2. Flights will not exceed an airspeed of 36 mph (31.3 knots) 

3. Flights will be operated at or below an altitude never exceeding 400 feet AGL. 

4. The PIC and VO will communicate verbally at all times. 

5. UAS operations will not be conducted during night. 

6. All operations will be conducted under visual meteorological conditions. 

7. The UAS will land with a minimum 30 percent battery reserve remaining. 

8. The UAS will only be piloted within visual line of sight. 

9. The UAS will utilize an internal flight safety feature that will return to 

a preprogrammed position and land if communication with the remote control is lost. 

10. Preflight inspections and protocol will be followed prior to all operations. 

11. The UAS will abort flight in the event of unpredictable obstacles or emergencies. 

Public Interest 

I, Sherie Hodge, believe the use of a UAS in lieu of a manned aircraft would enhance safety and reduce 

the environmental impact compared to similar operations conducted with a manned aircraft carrying a 

crew and flammable fuel. 

The requested exemption would allow the use of the UAS for aerial image acquisition to support various 

mapping and surveying applications as well as video documentation for the public good. Typical 

applications would include: 

• Videography/Filmmaking 

• Aerial Photography 

• Real Estate Photography 

• Aerial Mapping 

• Aerial Surveys 

The inherent ability of UAS is to capture imagery from a low altitude including oblique photos and video 

from several angles is far more effective than ground- based imagery for displaying the characteristics of 

buildings, sites and properties or areas where inspection or monitoring is needed. The reduced cost and 

higher quality data from UAS will be beneficial to the public in the above mentioned applications.

Privacy 

All flights will occur over private or controlled areas with the owner's consent. Capturing people in 

images will rarely occur. If a person is captured in a collected image they will have consented prior to 

filming or otherwise have agreed to being in the area prior to the filming taking place. 

Sincerely, 

Sherie Hodge

Tel.: (404) 664-8313 | Email: sherie.hodge@gmail.com

Sherie Hodge - Section 333 Exemption Petition | Page 4 of 4