March 11, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012, and Part 11 of the FAA Regulations and FAR’s.

Dear Sir or Madam;

In order to provide safe and environmentally-friendly aerial photography & videography, mapping, 

power line surveillance, agricultural crop surveillance, aerial inspections, data collection, 

augmented real estate listings, commercial videos, special events to include, but not limited to, 

weddings, private or public parties/events, promotional events, and other work related to aerial 

photography in the NAS, I Daniel A. De Leo, pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012, 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) & (b);

14 C.F.R. 91.7(a);

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

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14C.F.R. 91.215(b);

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).

Proposed UAV/UAS and Operations

I will be operating an Unmanned Aerial Vehicle (UAV) in the DJI Phantom 3 class of

equipment. Weighing less than three pounds, it will always be flown at altitudes less than 

400 feet, limited via software by its GPS and barometric sensors. It has a lithium ion 

powered battery, carries no combustible fuel or crew, and will be transported in proper 

storage to and from all flight areas in accordance with FAA regulations. Having the 

aforementioned proposed exemptions will allow me to operate The DJI Phantom 3 

UAV/UAS for commercial purposes of aerial photography and videography 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 a 

residential and commercial real estate agent, I intend to broaden the market for my 

services to include the area mentioned above, in serving the public/private interests of 

the community.

As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved 

similar use of the DJI Phantom 3 series of UAV/UAS products. These particular 

UAV/UAS have 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 fail-safe “Return To Home” mode for safely returning 

to the take off point of origin, and propeller guards to protect both the UAV/UAS and the 
environment. This particular model combines state-of-the-art, proven technology with 

high quality manufacturing and user friendly controls to ensure safe operation and easy 

maintenance and care.

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

14 C.F.R. Part 21: Air worthiness certificates

Given the size and limited operating area associated with the UAV/UAS to be operated, 

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 air worthiness 

certificate without restrictions and conditions proposed.”

14 C.F.R. 45.23(b): Aircraft marking and identification requirements

Because the DJI Phantom 3 series 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 an effort to meet the intent of the above 

regulation, I, Daniel De Leo will ensure compliance with this regulation in the best way 

possible, by displaying the UAV/UAS registration number in the largest practicable 

lettering possible.

14 C.F.R. 61.113(a) & (b): Recreational, private, and commercial pilot privilege and 

limitations

Under 61.113(a) & (b), certified private pilots are limited to non-commercial operations 

only. However, I am able to achieve an equivalent level of safety through current FAA 

Regulations of UAV/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. According to Exemption No. 12045 in which the DJI 

Phantom 3 was authorized for similar operations, “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 issues exemptions to this regulation through Exemption Nos. 11062 

and 11138.” Therefore, bearing any pilot license or certification will not ensure remote 

piloting skills of a UAV/UAS; the risks of operating the UAV/UAS are far less than the risk 

levels inherent in commercial activities with traditional aircraft given the DJI Phantom 3’s 

safety features and limited range and speed of the UAV/UAS. The FAA has approved 

similar exemptions to the above rule as evidenced in Exemption No. 12058. I respectfully 

ask for an exemption to the above regulation on these bases.

14 C.F.R. 91.7(a): Civil aircraft airworthiness

Because there is currently no certificate applicable to this UAV/UAS, it will be my own 

personal responsibility to determine the air worthiness of the DJI Phantom 3 in 

accordance with its official operating manual. I, Daniel De Leo, will ensure that complete 

written and signed pre and post flight inspections of the propellers, motor, frame, landing 

stands, cameral and gimbal unit, connecting 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 UAV/UAS storage and transportation apparatus at all times. These records 

will be dated, and will include total flight time for each flight.
14 C.F.R. 91.9(b) (2): Civil aircraft flight manual, marking, and placard requirements

As evidenced in Exemption No. 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 

UAV/UAS operations will ensure a high level of safety.

14 C.F.R. 91.119: Minimum safe altitudes

I, Daniel De Leo, will ensure that the UAV/UAS does/will not fly at altitudes higher than 

400 feet from ground level, by setting the maximum altitude at 400 feet in DJI’s pilot 

application and ensuring that this is set before each flight as a part of the pre-flight 

inspection process. Given the size, weight, and lack of fuel; combined with the operation 

limitations listed above, the flight operation will be conducted with a greater level of safety

than exists with current manned aviation operations.

14 C.F.R. 91.121: Altimeter settings

The DJI Phantom 3 utilizes the latest GPI/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 method and technology.

14 C.F.R. 91.151(a): 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 UAV/UAS. They are rated as providing no longer than 25 

mins. 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. 91.215(b): ATC Transponder and altitude reporting equipment and use

The DJI Phantom 3 UAV/UAS is not equipped with a transponder. No transponder exists 

for the UAV/UAS which can be installed. I request relief from the regulation to the extent 

required to operate in areas in which a transponder is required according to the 

applicable regulations in this part.

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): Maintenance and inspection

I, Daniel De Leo, will conduct pre-post-flight inspections and maintenance checks in 

accordance with the manufacturer’s guidelines as stated in the operations manual. If 

maintenance is required, I will conduct a dedicated test flight to ensure safety before 

resuming commercial operations, and keep a written record of all maintenance performed 

on the UAV/UAS.

Public Interest and Public Safety

Aerial photography and videography provided to the public allows for a more costeffective, 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 their size and combustible fuel- especially if 

flown at low altitudes required for some operations. I, Daniel De Leo, in addition to using my 

UAV/UAS for commercial purposes, will also gladly offer my services free of charge upon request 
by and with proper coordination to any official search and rescue or emergency services 

organization to benefit the public interest. 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 congestions 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 in this UAV/UAS, that it weighs less than three pounds 

and has propeller guards, as well as having low maximum speeds (less than 25 mph), 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 those 

areas, as any flight capabilities become blocked by the UAV/UAS itself if within range and the 

operator is notified. Given its GPS and ground sensing capabilities, a fail-safe “Return To Home” 

mode will safely return the craft to the operator at the push of a button or automatically when the 

craft is either low on power, or operating outside its transmitter range. This ensures that the craft 

will not remain airborne in unsafe conditions and pose any public danger.

Summary

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, I, Daniel De Leo, 

hereby apply for authorization to conduct commercial unmanned aerial systems (UAS) operations 

for the purposes of aerial photography & videography, mapping, power line surveillance, 

agricultural crop surveillance, aerial inspections, data collection, augmented real estate listings, 

commercial videos, special events to include, but not limited to, weddings, private or public 

parties/events, promotional events, and other work related to aerial photography in the NAS. The 

FAA has authorized exemptions for similar operations under Exemption Nos. 12045 and 12053. 

Alternatively, public and commercial interests had previously sought the use of unmanned aircraft 

to achieve what I can offer in a safer, more cost-effective and environmentally friendly manner by 

not using combustible fuel, flying at safe altitudes, and strictly following the usage 

recommendations from DJI. Flights will not occur at altitudes over 400 feet, near an airport, over 

populated area, or above individual who are not protected. The requested exemptions would not 

adversely affect safety, and all safety precautions will be strictly observed such as detailed preflight planning, pre-flight checklist, equipment inspection, flight log, and communication with 

anyone onsite.

Sincerely,

Daniel De Leo

23 Bronson Pointe, #103

Lebanon, TN 37087

Daniel.deleo@yahoo.com

812-319-8955