Submitted by:

Mark Virg 

12123 Shelbyville Rd

Louisville, KY 40243

(502) 639-8051 

mark@airtightky.com 

Scope: 

Enhance and augment real estate listing 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 Mark Virg 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. The Return to Home feature can

also be triggered manually. The remote connects to your phone or tablet, and

a 720p 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. 

Request: 

An exemption from 91.7(a), 91.119, 91.121, 91.151(a), 91.405(a), 

91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) of Title 14, Code of

Federal Regulations (14 CFR) as was granted to Ralph J. Apel in Exemption

No. 11410 

Petition: 

I request an exemption from TITLE 14 OF THE CODE OF FEDERAL

REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c);

91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 

(a) and (b) 

The Extent Of Relief that Mark Virg seeks 

1. Extent of Relief that Mark Virg seeks regarding Section 61.113 (a) and (b)

Private Pilot Privileges and Limitations 
Relief from Section 61.113 (a) and (b) is requested to allow a Pilot in

Command holding a current Private Pilots Certificate to operate the Mark 

Virg's Phantom 3. The flight would be complimented by a Visual Observer

who, along with the pilot, will maintain Visual Line of Sight with the

Phantom 3 at all times. All operations conducted will be incidental to Mark 

Virg's business. The Phantom 3 is not able to carry passengers. 

2. Extent of Relief that Mark Virg seeks in regards to Section 91.7(a) Civil

Aircraft Airworthiness 

Relief from Section 91.7(a) is requested to allow Mark Virg to determine

airworthiness of the Phantom 3. As part of this determination the following

will be adhered to: 

a. Prior to the Phantom 3's flight the PIC will inspect the UA to ensure it is

in a condition that will be conducive for a safe flight. The ground control

station will be included in the above inspection. 

b. Mark Virg will follow the DJI Phantom 3’s aircraft/component,

maintenance, overhaul, replacement, inspection and life limit requirements. 

c. Mark Virg will comply with all DJI manufacturer Safety Bulletins. 

3. Extent of Relief that Mark Virg seeks in regards to Section 91.119

Minimum Safe Altitudes General relief from 91.119 is requested to allow

Mark Virg to operate the Phantom 3 at altitudes not to exceed 400’ AGL

over private property at a distance at or greater than 5NM from the nearest

airport as depicted on current Aeronautical Charts. Mark Virg also wishes to

be granted exemption to operate at an altitude not greater than 50’ AGL

(below tree level) between 1NM and 5NM from the nearest airport as

depicted on current Aeronautical Charts. 

Mark Virg will adhere to the following in order to maintain an acceptable

level of safety associated with operations over private property: 

(a) Mark Virg will display signs in the immediate vicinity of operations

stating: “Aerial Photography In Progress. Use Caution.” 

(b) Mark Virg will not allow the Phantom 3 to operate at a speed greater than

10kts. 

(c) Mark Virg will require the UAS operator (PIC) to be fully trained on the

Phantom 3 by adhering to the recommendations contained within the

Phantom 3’s operating manual. 

(d) Mark Virg will have accumulated and logged, in a manner consistent

with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a

multi-rotor UAS. In addition the operator will have logged a minimum of 5

hours as a UAS pilot operating the make and model UAS that Flying Mark 

Virg operates. 
(e) Mark Virg will be familiar with and able to manually institute the

Phantom 3’s Return to Home (RTH) feature. This feature aborts a flight

operation and automatically returns the UAS to a predetermined GPS safe

point. 

(f) Mark Virg will not operate over private property without first finding a

suitable alternate landing spot on the property. 

(g) Mark Virg will abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents. 

(h) Mark Virg will utilize a two man flight team consisting of the Pilot in

Command (PIC) and a Visual Observer (VO). This team will maintain visual

line of sight with the Phantom 3 at all times and remain within hearing of

one another. 

(i) Mark Virg will not permit flight around vessels, vehicles and structures

without permission from the owner. 

4. Extent of Relief that Mark Virg seeks in regards to Section 91.121

Altimeter Settings 

Relief from 91.121 is requested because the Phantom 3 utilizes electronic

GPS with a barometric sensor. 

In order to maintain an equal level of safety that 91.121 requires, the PIC of

the Mark Virg's UAS will abort the flight in the events that the UA loses

communications with the GPS signal. 

5. Extent of Relief that Mark Virg seeks in regards to Section 91.151(b) Fuel

Requirements for Flight in VFR Conditions 

Relief from 91.151(b) is requested to the extent that allows Mark Virg to

operate the Phantom 3 up to a point (considering wind and forecast weather

conditions) that there is enough power to fly at normal cruising speed to the

intended landing point and land the UA with 30% battery power remaining. 

6. Extent of Relief that Mark Virg seeks in regards to Sections 91.405(a),

91.407(a)(1), 91.409(a)(1), and (a)(2), 91.417(a) and (b) These are all

associated a with Airworthiness certificate 

Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is

requested to the extent that allows Mark Virg to operate the Phantom 3

Quad-Copter as necessary. These sections are all related to airworthiness

certificates of aircraft. There is not currently an airworthiness certificate for

small UAS’s. Mark Virg would comply in full to any conditions and

limitations that the Administrator would place in order to receive an

approved Grant of Exemption. 

Public Interest: 
Aerial videography for real estate marketing has been around for a long time

through manned fixed wing aircraft and helicopters, but for small business

owners, it's expense has been cost-prohibitive. Granting this exemption to

me would allow me to provide this service at a much lower cost. My UAS

will pose no threat to the public given its small size and lack of combustible

fuel when compared to manned aircraft. The operation of my UAS will

minimize ecological damage and promote economic growth by providing

information to companies looking to relocate or build in the Salt Lake area. 

Conclusion: 

As set forth herein, Mark Virg 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 3 UAS

commercially within the Real Estate markets. The Administrator will be

assisting small business by granting this petition. In accordance with the

FAA Modernization and Reform Act of 2012, Mark Virg respectfully

requests that the FAA Administrator grants this petition for exemption from

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS

61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a);

91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)