109 Antelope Dr.

Hollywood Park, TX 78232

210.884.5723

July 26, 2015

US Department of Transportation Docket Management System

1200 New Jersey Ave SE

Washington, DC 20590

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

Aviation Regulations

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and

14 CFR Part 11, Moore Photography & Design requests an exemption from the Federal

Aviation Regulations outlined below. Moore Photography & Design requests exemption

in order to allow its use of the DJI Phantom 3 Professional and DJI Inspire 1 Unmanned

Aerial Systems (UAS) in commercial operations for purposes of aerial

photography/videography, 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.

Moore Photography & Design is willing to comply with conditions that the FAA has issued

in recent Section 333 exemptions, specifically Exemption 11153 (Burnz Eye View). Due to

this agreement, in addition to the strong similarity of Moore Photography & Design’s

operations compared to those already approved for exemption, the FAA should be able to

summarily process and approve this petition.

NAME AND ADDRESS OF THE PETITIONER

Moore Photography & Design

Attn: Justin Moore, Owner

109 Antelope Dr

Hollywood Park, TX 78232

Phone: 210-884-5723

Email: beapilot@gmail.com
REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

14 CFR § 61.113(a) & (b)

14 CFR § 91.7(a)

14 CFR § 91.119(c)

14 CFR § 91.151(a)

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 Petitioner also requests exemption from any other regulations the FAA deems

necessary in order to operate the UAS as described herein.

I. DESCRIPTION OF ACTIVITIES

Moore Photography & Design wishes to use the DJI Phantom 3 and DJI Inspire 1 UAS for

commercial photography and videography under controlled conditions in airspace that is

limited, predetermined, and access-controlled. As described in detail in our request and

our attached flight procedures, safety will be the number one priority in all our

operations.

By operating small, lightweight aircraft under a strict set of limitations, Moore

Photography & Design will be able to operate UAS in the National Airspace System (NAS)

while satisfying the FMRA & 333 requirement to achieve an equivalent level of safety

when compared to traditional aircraft. Moore Photography & Design further believes that

its proposed operations will actually increase the level of safety when compared to

traditional, manned aircraft carrying combustible fuel.

II. DESCRIPTION OF AIRCRAFT

Moore Photography & Design plans to operate a DJI Phantom 3 and DJI Inspire 1 UAS

system. The Phantom 3 & Inspire 1 are multi-rotor aircraft equipped with an onboard

flight controller and GPS.

The DJI Pilot App, which is used to operate both the Phantom 3 & Inspire 1, provides

detailed flight information to the pilot of the UAS including:

● Power voltage and battery percentage level

● Distance between the aircraft and the pilot

● Altitude

● Airspeed

● GPS Signal Status & Strength

● Aircraft nose direction

● Vertical and horizontal velocity

● Compass and accelerometer sensor status

The onboard flight computer on both aircraft allow the operator to set flight limits which
restrict the maximum altitude above ground level (AGL). It also allows setting a

maximum distance between the takeoff point and the aircraft. In addition, the flight

computer does not allow the motors on this aircraft to start if it is located in close

proximity to many airports across the United States (see DJI’s “Fly Safe” website for more

details). While the PIC will always be aware of these factors, the automated geo-fencing

technology provides a useful redundancy in keeping the aircraft within the Area of

Operation (AO).

The specifications for each UAS are detailed below, as provided by the manufacturer, DJI:

DJI Inspire 1 specifications

Phantom 3 specifications
III. PILOT IN COMMAND Section 61.113(a) and (b) ​prescribes that—

(a) No person who holds a private pilot certificate may act as a PIC of an aircraft that is

carrying passengers or property for compensation or hire; nor may that person, for

compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire , act as PIC of an aircraft in connection

with any business or employment if

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire

In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a

PIC with a private pilot certificate operating the Astraeus UAS would not adversely affect

operations in the NAS or present a hazard to persons or property on the ground.

Moore Photography & Design’s proposed operation does not differ significantly from the

situation described in Grant of Exemption No. 11062 to Astraeus. Our UAS pilot and

owner, Justin Moore, is an instrument-rated, private pilot with a current FAA Class III

medical certificate. We plan to operate over property with the permission of the land

owner/controller while also limiting access to the property during operations.

Given the similar nature of Moore Photography & Design’s proposed operating

environment to that of Astraeus, the parallel nature of private pilot aeronautical

knowledge requirements to those of commercial requirements, and the airmanship skills

necessary to operate the UAS, Moore Photography & Design believes that the additional

manned airmanship experience of a commercially certificated pilot would not correlate to

the airmanship skills necessary for the proposed operations. Therefore a PIC holding a

private pilot certificate and a third-class airman medical certificate is appropriate for the
proposed operations.

IV. ALTITUDE

Section 91.119(c) ​prescribes that, except when necessary for takeoff or landing, no

person may operate an aircraft below an altitude of 500 feet above the surface, except

over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.

Relief from § 91.119(c) is necessary because the UAS we use will be operated at altitudes

less than 500 feet AGL. By definition, the Unmanned Aerial Vehicle (UAV) will be operated

closer than 500 feet to persons or property. An equivalent level of safety will be achieved

given the size, weight, speed, and material with which the Phantom 3 and Inspire 1 is

built, as well as adherence to the following procedures:

1. The UAV will not be operated over congested or densely populated areas (defined

as open air assemblies of persons or other areas where a safe forced landing

cannot be accomplished due to risk of endangering persons or property on the

ground). 

2. Flight operations will be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, Visual Observer (VO), operator trainees or

essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UAV and/or debris in the event of an

accident. Moore Photography & Design will ensure that nonparticipating

persons remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within 500 feet of

the UAV, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

3. All operations conducted over private or controlled-access property will require

permission from the land owner/controller or authorized representative. Permission

from the land owner/controller or authorized representative will be obtained for each

flight to be conducted.

4. In all situations, the PIC will make a safety assessment of the risk of operating closer
than 500 feet to persons, vessels, vehicles, or structures and will only undertake the

operation if he/she determines that it does not present an undue hazard. The FAA has

approved similar exemptions in 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11110, and 11153.

V. FUEL REQUIREMENTS

Section 91.151(a) ​prescribes that no person may begin a flight in an airplane under

visual flight rules (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.

Relief from § 91.151(a) is necessary because the DJI Phantom 3 and Inspire 1 aircraft will

only operate for approximately 25 minutes per charge, making operation of the aircraft

impossible under this section. Safety features of these aircraft include low battery

warnings at 30% capacity and an automated landing when the battery reaches 15%

capacity. These features, teamed with the small size and weight of the UAV should more

than achieve an equivalent level of safety. The FAA has approved similar exemptions in

2689, 5745, 10650, 10673, 10808, 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, and 11153.

VI. AIRWORTHINESSSection 91.7(a) ​prescribes that no person may operate a civil

aircraft unless it is in an airworthy condition.

The FAA has found in numerous exemptions that similar UAS operations do not require

an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Moore

Photography & Design proposes that compliance with its operating procedures would be

a sufficient means for determining an airworthy condition. Given the size of the aircraft

and the requirements by which Moore Photography & Design has agreed to abide, an

equivalent level of safety will be achieved by ensuring compliance with these safety

procedures and through review of preflight checklists documented in Phantom 3/Inspire

1 manuals prior to each flight. The FAA has approved similar exemptions in 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, and 11153.

VII. MAINTENANCE/INSPECTION

Section 91.405(a) ​prescribes, in pertinent part, that each owner of an aircraft 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, Maintenance, Preventive Maintenance, Rebuilding, and

Alteration.

Section 91.407(a)(1) ​prescribes that no person may operate any aircraft that has
undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has

been approved for return to service by a person authorized under § 43.7 of this chapter.

Section 91.409(a) ​prescribes, in pertinent part, that no person may operate an aircraft

unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 and has been approved for return to

service by a person authorized by Sec. 43.7

(2) An inspection for the issuance of an airworthiness certificate in accordance with part

21. Section 91.417(a) and (b) ​prescribe, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100-hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and each

engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of

the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature and certificate number of the person approving the

aircraft for return to service. 

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller,

and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft that

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since

the last inspection required by the inspection program under which the

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and

safety directives including, for each, the method of compliance, the AD or

safety directive number and revision date. If the AD or safety directive

involves recurring action, the time and date when the next action is

required. 
(vi) Copies of the forms prescribed by § 43.9(d) for each major alteration

to the airframe and currently installed engines, rotors, propellers, and

appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph(a) (1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work is

performed. 

(2) The records specified in paragraph(a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under §43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service. 

Moore Photography & Design requests an exemption to the above

inspection/maintenance Federal Aviation Regulations (FARs) and proposes the following

maintenance/inspection procedures that will achieve an equivalent level of safety:

1. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for

safe flight. If the inspection reveals a condition that affects the safe operation of

the UAS, the aircraft will be prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for safe

flight. All maintenance and alterations will be properly documented in the aircraft

records. 

2. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical component,

will undergo a functional test flight. The PIC who conducts the functional test

flight will make an entry in the aircraft records. 

3. The pre-flight inspection will account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the relevant

sections of the operating documents. 

4. Moore Photography & Design will follow the UAS manufacturer’s

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit

requirements. 

5. Moore Photography & Design will carry out its maintenance, inspections, and

record keeping requirements, in accordance with the operating documents.

Maintenance, inspection, alterations, and status of replacement/overhaul

component parts will be noted in the aircraft records, including total time in

service, description of work accomplished, and the signature of the authorized

person returning the UAS to service.
6. Each UAS operated under the exemption will comply with all the manufacturer's

safety bulletins.

7. The authorized person will make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections. 

Adherence to the above procedures should provide more than an equivalent level of

safety to the above FARs. The FAA has approved similar exemptions in 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, and 11153.

VIII. PUBLIC INTEREST

Manned aircraft conducting aerial photography/videography can weigh 2,000 pounds or

more and contain one or more living souls on board. Moore Photography & Design’s

UAVs will weigh less than 10 pounds and contain no living crew (the PIC and VO being

remotely located from the UAV). The limited weight significantly reduces the potential for

harm to participating and nonparticipating individuals or property in the event of an

incident or accident. There is no risk to an onboard crew while using a UAV.

Traditional manned aircraft contain highly-flammable fuel and are at risk of fuel spillage

and fire in the event of an incident or accident. The battery-powered Phantom 3 and

Inspire 1 aircraft carry no fuel, eliminating this fire and environmental risk.

Traditional aerial photography/videography operations using conventional aircraft can

operate in very close proximity to persons and property on the ground. While the FAA

mitigates these risks in a variety of ways, the proposed UAS operations would reduce

risks even further due to the limited size, weight, speed, operating conditions, and safety

features of the Phantom 3 and Inspire 1 aircraft.

Low altitude aerial photography/videography allows citizens to view familiar places like

city parks, businesses or even their own homes from a completely new perspective. It has

the potential to help companies market their businesses with exciting new imagery that

can increase sales..

Furthermore, as Congress outlined in the FAA Modernization and Reform Act, integration

of UAS into the NAS is inherently in the public interest, as long as it can be accomplished

safely. As described above, not only will the proposed UAS operations provide an

equivalent level of safety to current operations – they will actually provide a

greatly-improved level of safety to the public and its property.

IX. NATIONAL SECURITY

No national security issue is raised by the grant of this exemption. Given the size, load

carrying capacity, speed at which it operates, and the fact that it carries no explosives or

other dangerous materials, the Phantom 3 and Inspire 1 pose no threat to national

security.
X. PRIVACY

All operations conducted over private or controlled-access property will require

permission from the land owner/controller or authorized representative. Permission

from the land owner/controller or authorized representative will be obtained for each

flight to be conducted.

XI. SUMMARY OF MOORE PHOTOGRAPHY & DESIGN’S SECTION 333 EXEMPTION

REQUEST

For publication in the Federal Register, Moore Photography & Design hereby provides,

pursuant to Part 11, a summary of its exemption application to allow commercial

operation of their DJI Phantom 3 & DJI Inspire 1 unmanned aerial vehicle in

photography/videography work. An exemption is requested from the following

regulations:

14 CFR § 61.113(a) & (b)

14 CFR § 91.7(a)

14 CFR § 91.119(c)

14 CFR § 91.151(a)

14 CFR § 91.405(a)

14 CFR § 91.407(a)(1)

14 CFR § 91.409(a)(1) & (2)

14 CFR § 91.417(a) & (b)

XII. CONCLUSION

In summary, Moore Photography & Design seeks exemption from the FARs listed above in

order to commercially operate small unmanned aerial vehicles of less than ten pounds for

the purposes of aerial photography/videography.

Approval of this exemption will enhance safety by removing many risk factors caused by

traditional, manned aircraft undertaking these operations. By replacing these large,

heavy, fuel-laden aircraft with a small, lightweight, battery operated UAS system, the

threat to persons and property can be virtually eliminated.

The operation of the UAS described herein, under the strict conditions outlined above will

provide an equivalent level of safety to support the grant of the requested exemptions.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size,

weight, speed, operating capabilities, proximity to airports and populated areas,

operation within visual line of sight and with no threat to national security – more than

justify the grant of the requested exemptions. This request is consistent with numerous

exemptions already granted.

We have included a copy of our Flight Procedures/Checklist for your review. This further

demonstrates our commitment to significantly reduce risks for each flight we undertake.
If I can be of any further assistance in processing this request or if you have any questions

or concerns, please do not hesitate to contact me directly. Thank you for your time and

attention to this request.

Sincerely,

Justin Moore

Owner, Moore Photography & Design

Flight Procedures

A. FLIGHT PLANNING

a. PIC will review Google Maps/Earth of the site to identify a safe launching

point & flight paths for the proposed flight.

b. PIC will obtain the Terminal Aerodrome Forecast (TAF) for the flight

period to make go/no-go decision based on weather conditions

c. PIC will ensure a Visual Observer (VO) has been identified and briefed on

the proposed flight

d. The UAS’ batteries and remote controllers will be fully charged

e. PIC will contact the airport operator and/or ATC facility for any airport

within a 5nm radius of the planned flight area

B. FLIGHT OPERATIONS

a. A pre-flight inspection of the UAS will be performed per the

manufacturer’s guidelines

b. Upon activating the UAS, the PIC will confirm the following and cancel the

flight if these conditions can not be met:

i. The UAS has more than 7 satellites available and a home position

has been properly identified to ensure the UAS’ failsafe features

will be available
ii. The UAS battery voltage levels will be reviewed to ensure battery

health prior to motor start

iii. The UAS sensors have been monitored to identify the existence of

potential interference in the operating area (this could be radio

interference or magnetic interference)

iv. The UAS onboard compass is calibrated

c. The PIC will maintain line-of-sight (LOS) on the UAS at all times and will

maintain “see and avoid” vigilance during the flight

i. If the PIC or VO identify manned aircraft in the area by sight or

sound, the PIC will exercise a controlled descent to an altitude of

below 200 feet to protect the manned aircraft until it has left the

UAS’s operating area

d. The UAS will not be flown over crowds and will be kept at a distance of

more than 500 feet from any non-participating person

e. Higher altitude operations (between 200-400 feet in altitude) will be

conducted while battery levels are 50% or better. Lower altitude

operations (below 200 feet) will be conducted when battery life is between

30-50% to ensure the aircraft is closer to the home point to allow a quick

descent and landing if a battery/power issue is identified

f. The aircraft will be directed to return and land when 30% battery power is

reached

g. The PIC and VO will ensure the landing area is clear of all non-participating

persons prior to landing the aircraft