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Gregory A. Getz

16855 W. Dale Lane

Surprise, AZ. 85387 USA

September 14, 2015

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 Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 

61.113(a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 

CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR

91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 

11, Gregory A. Getz, operator of small Unmanned Aerial Systems (sUAS) equipped to offer 

on-demand commercial UAS operations for a host of industries and applications and to 

perform the purposes listed below, hereby applies for an exemption from the listed Federal 

Aviation Regulations to allow commercial operation of a small UAS, so long as such 

operations are conducted within and under the conditions outlined herein or as my be 

established by the FAA as required by Section 333. I have been an FAA certified Private 

Pilot since 1978and have a high regard for safe operations with an understanding of FAR’s, 

preflight inspections, knowledge of operations and differences in airspace classifications. I 

have been a Structural Engineer since 1986 and manager of an engineering department for 

the last 10 years. I have 40 year’s experience flying radio controlled planes and helicopters 

and 9 years (300 plus hours) flying multi-rotors. In August of 2015 I successfully completed 

small UAS training through Unmanned Vehicle University.

Commercial operation small UAS, as described herein, which are equipped with cameras and 

sensors, would operate in the following manner:

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

architecture, land surveys, engineering and other related professional needs.

2. Aerial inspection/photography of residential/commercial structures under contract with

the owners or local government authority.

3. Aerial video/photography or providing live video feed and thermal capabilities to assist

with search and rescue operations in cases of an emergency as requested by local

authorities.
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As described fully below, the requested exemption would permit the operation of small UAS 

under controlled conditions in the NAS that would be a) limited b) controlled c)

predetermined and d) 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.”

1 - Gregory A. Getz - Request for exemption for commercial operation of small UAS

The name, phone, email and address of the applicant:

Name: Gregory A. Getz

Phone: (602) 350-7070

Email: sommernashleysdad@gmail.com

Address: 16855 W. Dale Ln, Surprise AZ. USA

Regulations from which the exemption is requested: 14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

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) (1)

14 CFR 91.409 (a) (1) & (2)

14 CFR 91.417 (a) & (b)

The small UAS’ I will be using are multi-rotor craft weighing no more than 55lbs. including 

payload. Under normal conditions they operate at speeds of no more than 45 mph or 39 knots 

and have the ability to hover and move along a vertical and horizontal plane simultaneously. 

They will operate in line of sight only and by the exempted person only, obeying all other 

local and federal laws.

Given the small size of the small UAS 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. Regarding the level of safety surrounding the 

proposed operations and the public benefit, reduction in environmental impacts, including 

but not limited to reduced emissions and noise, the grant of the requested exemption is in the 

public interest.
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2 - Gregory A. Getz - Request for exemption for commercial operation of small UAS

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because

operations will further enhance the safety of the persons and/or property using conventional 

aircraft. These limitations and conditions to which the applicant agrees to adhere to when 

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

Operations Manual (FOM) include:

1) The small UAS will weigh less than 55 lbs.

2) Flights will be operated within line of sight of a pilot and/or observer.

3) Maximum flight time for each operational flight will be 30 minutes. Flights will

be terminated at 25% battery power reserve or 30 minutes of flight time

whichever occurs first.

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

Level (AGL) and not more than 200 feet above an elevated platform from which

filming is planned.

5) Minimum crew for each operation will consist of the small UAS Pilot in Command 

(PIC), the Visual Observer (VO) when needed and may include but not limited to

a Camera Operator.

6) The small UAS pilot will be Gregory A. Getz, who will not allow any other person to 

operate the small UAS in a commercial capacity.

7) A briefing will be performed regarding the planned small UAS operations prior to

each day’s flight consisting of all the days’ production activities.

8) The PIC 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, as required under the FOM. With the 

advanced permission or direction of the FSDO, operations at closer range may be 

approved.

9) The PIC and VO will have been trained in operation of small UAS and receive up-todate information for the particular small UAS to be operated and will be able to show 

upon request their competent ability to operate the small UAS and/or Camera.

10) The PIC and VO will be able to communicate by voice, radio, and/or text at all times.
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11) Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate 

governmental agencies when needed.

12) If the small UAS loses communications or loses GPS signal, the small UAS will have 

the capability to return to a pre-determined location within a designated location and 

land autonomously. This is a safety feature of the UAS we have chosen to fly for this 

reason.

13) The small UAS will have the capability to abort a flight in case of unpredicted

obstacles, weather, or emergencies.

3 - Gregory A. Getz - Request for exemption for commercial operation of small UAS

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for 

the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size 

and limited operating area associated with the aircraft to be utilized by the Applicant, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the 

particular small UAS. In all cases, an analysis of these criteria demonstrates that the small 

UAS operated without an airworthiness certificate, in the restricted environment and under 

the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

The small UAS’ to be operated hereunder are less than 55 lbs. fully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates

exclusively within a secured and designated area. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. These safety 

enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the small UAS, due to its size, speed of 

operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft
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The regulation requires: 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.

Even though the small UAS will have no airworthiness certificate, an exemption may be

needed as the small 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 small 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 small UAS 

marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working 

with the small UAS will see the identification of the small UAS as “Experimental.”

4 - Gregory A. Getz - Request for exemption for commercial operation of small UAS

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (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. My small UAS’ do not carry any pilots or passengers nor property therefore I am

seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not

ensure remote control piloting skills. The risks attendant to the operation of small UAS is far 

less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the 

operation and limitations set forth in the FOM will equate to the safe operation of the small 

UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety checklists prior to each flight 

an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2)

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

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. The 

small UAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no 
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room or capacity to carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the pilot flying the 

small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure 

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the 

aircraft an exemption will be needed. The OPERATOR will take all actions including 

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. Small UAS and remotely piloted aircraft, by their design do not have fully

functional dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. The equivalent level of safety provided by 

the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and 

speed of the aircraft.

5 - Gregory A. Getz - Request for exemption for commercial operation of small UAS

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d)

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a small UAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated 

platform from which filming is planned, an exemption may be needed to allow such 

operations. As set forth herein, the small UAS will never operate at higher than 400 AGL 

with the exception that in circumstances where the small UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be 

operated more than 100' above the highest point on the structure. It will however be operated 

in a restricted area with security perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent. The equivalent level of safety will be achieved 

given the size, weight, speed of the small UAS as well as the location where it is operated. 

No flight will be taken without the permission of the property owner or local officials. 

Because of the advance notice to the property owner and participants in the filming activity, 

all affected individuals will be aware of the planned flight operations. Compared to flight 
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operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed 

herein and the lack of flammable fuel, any risk associated with these operations is far less 

than those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the small UAS will ensure separation between these 

small- UAS operations and the operations of conventional aircraft that must comply with 

Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires 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.” As the small UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the safety check list 

and live flight data monitoring, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to 

fly to the first point of intended landing, and, assuming normal cruising speed – (1) During 

the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes.” The battery powering the small UAS provides approximately 30 minutes of 

powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS 

flights would be limited to approximately 10 minutes in length. Given the limitations on the 

small UAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is 

reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be 

allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. 

Additionally, limiting small UAS flights to 10 minutes would severely constrain the 

practicality of any aerial video or still photo flight operation.

6 - Gregory A. Getz - Request for exemption for commercial operation of small UAS

Reduce the utility for which the exemption will be granted. Applicant believes that an

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery

power whichever happens first. This restriction would be more than adequate to return the 

small UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration
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The regulation provides in pertinent part:(a) Except as provided in § 91.715, no person may

operate a civil aircraft unless it has within it the following: (1) An appropriate and current 

airworthiness certificate. . . .(b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew.

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or 

to display them on the small UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the pilot flying the small UAS will have immediate access to them; to the 

extent they are applicable to the small UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 

of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. An equivalent level of safety 

will be achieved because these small UASs are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time. If mechanical issues 

arise the small UAS can land immediately and will be operating from no higher than 400 feet 

AGL. The operator will ensure that the small UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the small UAS Manufacturer's Manual, as referenced in the 

Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that 

the small UAS is in working order prior to initiating flight and perform required maintenance 

needed.

7 - Gregory A. Getz - Request for exemption for commercial operation of small UAS

Small UAS Information

Small UAS’s to be used are as follows but not limited to providing they are within the scope 

of the exemption granted by the FAA:
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1. DJI Phantom 3 Professional Technical Specifications

AIRCRAFT

Weight (Including Battery And Propellers) 1280 g

Diagonal Size (Including Propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy

• Vertical: +/- 10cm 

• Horizontal: +/- 1m 

Max Speed 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level 6000 m 

Operating Temperature 0°C to 40°C 

Gps Mode GPS/GLONASS 

GIMBAL

Controllable Range Pitch -90° to +30°

Stabilization 3-axis (pitch, roll, yaw)

REMOTE CONTROLLER

Operating Frequency 2.400 GHz-2.483 GHz 

Max Distance 2000m (outdoors and unobstructed)

Video Output Port USB 

Operating Temperature 0°C- 40°C 

Battery 6000 mAh LiPo 2S

Mobile Device Holder For tablet or phone
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Receiver Sensitivity (1%Per) -101 dBm ±2 dBm

Transmitter Power (Eirp)

• FCC: 20 dBm 

• CE: 16 dBm 

Working Voltage 1.2 A @7.4 V 

BATTERY CHARGER

Voltage 17.4 V

Rated Power Phantom 3 Professional 100 W

INTELLIGENT FLIGHT BATTERY 

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g 

Max Flight Time Approximately 23 minutes 

Operating Temperature -10°C to 40°C

Max Charging Power 100 W

8 - Gregory A. Getz - Request for exemption for commercial operation of small UAS

Conclusion

As set forth herein, Gregory A. Getz seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit 

safe operation of the DJI Phantom Professional UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography 
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over certain areas of the United States. By granting this Petition, the FAA Administrator will 

be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, 

while also advancing the interests of the public, by allowing UAV Aerial Video to safely, 

efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially 

within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Gregory A. Getz respectfully requests 

that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

Sections 45.23 (b), 61.113(a), 91.7 (a), 91.9 (b) (2), 91.103, 91.109, 91.119(c), 91.121, 

91.151 (a), 91.203 (a) & (b), 91.405 (a), 91.407 (a) (1), 91.409 (a) (1) & (2), 91.417 (a) & 

(b), and permit Gregory A. Getz to operate the DJI Phantom 3 Professional UAS 

commercially for the purpose of conducting aerial video and photography of Real Estate 

Properties (for homeowners, realtors, home builders, home contractors and / or home 

inspectors for real estate marketing and inspection of home exteriors) as well as filming of 

special events, film sets, scripted and unscripted television sets and landscape as well as 

conducting power line inspection, aerial mapping, surveying and search and rescue over 

certain areas of the United States.

Respectfully submitted by, Gregory A. Getz

16855 W. Dale Ln.

Surprise, AZ. 85387

Appendixes: 

A – DJI Phantom 3 Manufacturer’s User Manual 

B – Monthly Maintenance Log 

APPENDIX – A

DJI Phantom 3 Professional Manufacturer’s User Manual

(uploaded in a separate attachment, a 59-page document)
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APPENDIX – B