UNITED	STATES	OF	AMERICA	

DEPARTMENT	OF	TRANSPORTATION	

FEDERAL	AVIATION	ADMINISTRATION	

WASHINGTON,	D.C.

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF: 	

ALTITUDE	33 	

FOR	AN	EXEMPTION	SEEKING	RELIEF	FROM	THE	REQUIREMENTS	OF	TITLE	14	OF	THE	CODE	OF	

FEDERAL	REGULATIONS	SECTIONS	45.23(b),	61.23(a)	&	(c),	61.101(e)(4)&(5),	61.113(a)&(b),	

61.315(a),	91.7(a),	91.9(b)(2),	91.103(b),	91.119,	91.121,	91.151(a),	91.203(a)&(b),	91.405(a),	

91.407(a)(1),	91.409(a)(1)&(2),	and	91.417(a)&(b),	CONCERNING	COMMERCIAL	

OPERATION	OF	DJI	PHANTOM	3,	DJI	INSPIRE	1,	&	3DROBOTICS	SOLO	AIRCRAFT	SYSTEM	

PURSUANT	TO	SECTION	333	OF 	

THE	FAA	MODERNIZATION	AND	REFORM	ACT	OF	2012	(PUBLIC	LAW	112-95)	

Submitted	on	October 30,	2015	

Altitude	33

5785	Mission	Center	Rd,	Suite	214		

San	Diego,	CA	92108	

Tel:	310.745.9868	
2

TABLE	OF	CONTENTS

PAGE

Name	And	Address	Of	The	Petitioner ..................................................................................... 3

Specific	Applicable	Regulations	From	Which	Relief	Is	Required	(CFRS).................................... 3

The	Extent	Of	Relief	Altitude	33	Seeks	And	The	Reason	Altitude	33	Seeks	The	Relief.............. 4

The	Reasons	Why	Granting	The	Exemption	Would	Not	Adversely	Affect	Safety...................... 6

The	Reasons	Why	Granting	Altitude	33’s	Request	Would	Be	In	The	Public	Interest................. 7

Proposed	Operations.............................................................................................................. 8

Make	And	Model	Of	Aircrafts................................................................................................. 9

A	Summary	That	Can	Be	Published	In	The	Federal	Register,	Stating:	

The	Rules	From	Which	Altitude	33	Seeks	Exemption .............................................................. 9
3

NAME	AND	ADDRESS	OF	THE	PETITIONER

Altitude	33 	

Tiffany	Zablosky 	

5785	Mission	Center	Rd.	Suite	214		

San	Diego,	CA	92108 	

Tel:	310.745.9868 	

Email:	tiffa31@mac.com	

SPECIFIC	APPLICABLE	REGULATIONS	FROM	WHICH	RELIEF	IS	

REQUIRED	(CFRS)

14	C.F.R.	45.23(b);	

14	C.F.R.	61.23(a)	and	(c),

14	C.F.R.	61.101(e)(4)	and	(5),

14	CFR	61.113(a)	&	(b);	

14	C.F.R.	61.315(a),	

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

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

14	C.F.R.	91.103(b);	

14	C.F.R.	91.119;	

14	C.F.R.	91.121;	

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

14	C.F.R.	91.203(a)	&	(b);	

14	C.F.R.	91.405(a);	

14	CFR	91.407(a)	(1);	

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

14	CFR	91.417(a)	&	(b)	

Altitude	 33	 seeks	 exemption	 from	 the	 requirements	 of	 14	 C.F.R	 §§ 45.23(b),	 61.23(a)	 & (c),

61.101(e)(4)&(5),	 61.113(a)&(b), 61.315(a),	 91.7(a), 91.9(b)(2),	 91.103(b),	 91.119,	 91.121,	

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

an	Unmanned	Aircraft	System	pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	

of	2012	(FMRA).	This	exemption	will	permit	Altitude	33	to	operate	an	Unmanned	Aircraft	System	

(UAS)	 for	 the	 commercial	 purpose	 of	 conducting	 Aerial	 Photography,	 Aerial	 Cinematography,	

Aerial	Mapping,	Inspections,	Surveying,	Inspections,	Newsgathering,	Remote	Sensing,	Search	&	

Rescue,	 Closed	 Set	 Filming	 for	 motion	 picture,	 television	 and	 commercial	 film	 productions.
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THE	EXTENT	OF	RELIEF	ALTITUDE	33	SEEKS	AND	THE	REASON	

ALTITUDE	33	SEEKS	THE	RELIEF

1.	Extent	of	Relief	Altitude	33	Seeks	And	The	Reason	Altitude	33	Seeks	Relief	from	Section	

61.113(a)	And	(b).	

Relief	 from	 Section	 61.113(a)	 and	 (b)	 entitled	 Private	 pilot	 privileges	 and	 limitations:	 Pilot	 in	

command,	is	requested	to	the	extent	necessary	to	allow	a	PIC	holding	a	private	pilot	or	higher	level	

certificate,	as	well	as	a	current	and	valid	airman	medical	certificate,	and	who	has	met	certain	flighthour	and	currency	requirements,	to	conduct	the	proposed	UAS	flight	operations	for	compensation	

or	hire.	

This	 relief	 is	 requested	 since	 the	 limitations	 set	forth	 in	 Section	 61.113(a)	and	(b)	state	 that	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.	

As	 set	 forth	 more	 fully	 below,	 Altitude	 33	 submits	 that	 an	 equivalent	 level	 of	 safety	 will	 be	

maintained	because	no	PIC	will	be	allowed	 to	operate	 the	UAS	unless	 that	PIC	has	met	certain	

flight-hour	and	currency	requirements,	demonstrating	that	the	PIC	is	able	to	safely	operate	either	

the	UAS	in	a	manner	consistent	with	the	operations	specifications	as	described	in	this	exemption,	

including	evasive	and	emergency	maneuvers,	as	well	as	maintaining	appropriate	distances	from	

people,	vessels,	vehicles	and	structures.	

Further,	Altitude	33	submits	that	all	flights	of	the	UAS,	conducted	by	the	PIC	pursuant	to	the	grant	

of	this	Petition:	(1)	will	be	incidental	to	Altitude	33’s	business;	and	(2)	will	not	carry	passengers	or	

property	for	compensation	or	hire.	

2.	Extent	Of	Relief	Altitude 33	Seeks	And	The	Reason	Altitude	33	Seeks	Relief	From	Section	

91.7(a).	

Relief	from	Section	91.7(a)	entitled	Civil	aircraft	airworthiness,	is	requested	to	the	extent	required	

to	allow	Altitude	33	to	determine	that	the	UAS	are	in	airworthy	condition	prior	to	every	flight	by	

ensuring	that	the	UAS	is	in	compliance	with	the	operating	documents	(i.e.,	the	Altitude	33	Aerial	

Operations	Manual,	Monthly	Maintenance	Log,	and	UAS Instruction	Manual).	

Altitude	33	seeks	the	requested	relief	because	the	UAS	do	not	require	an	airworthiness	certificate	

in	accordance	with	14	C.F.R.	Part	21,	Subpart	H.	Therefore,	Altitude	33	will	ensure	that	the	UAS	is	

in	airworthy	condition	based	upon	its	compliance	with	 the	operating	documents	(i.e.,	Monthly	

Maintenance	Log,	and	UAS Instruction Manual)	prior	to	every	flight,	and	further,	determine	that	

the	aircraft	are	in	condition	for	safe	flight,	as	stated	in	the	conditions	and	limitations	below.	
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3.	Extent	Of	Relief	Altitude	33	Seeks	And	The	Reason	Altitude	33	Seeks	Relief	From	Section	

91.121.	

Relief	from	Section	91.121,	entitled	Altimeter	settings,	may	be	required	to	allow	flight	operations	

of	 the	 UAS,	 which	 utilize	 a	 barometric	 pressure	 sensor,	 GPS	 equipment,	 and	 a	 radio	

communications	telemetry	data	link	to	downlink	altitude	information	from	the	UA	to	the	PIC	at	

the	ground	control	station	(GCS).	Since	the	FAA	requires	that	any	altitude	information	concerning	

UAS	operations	be	reported	to	air	traffic	control	(ATC)	in	feet	above	ground	level	(AGL),	Altitude	

33	seeks	the	requested	relief	because	the	UAS	UA’s	altimeter	may	be	set	on	the	ground	to	zero	

feet	AGL,	rather	than	the	local	barometric	pressure	or	field	altitude,	before	each	flight.	

Considering	the	limited	altitude	of	the	proposed	operations,	relief	from	14	CFR	91.121	is	sought	

to	the	extent	necessary	to	comply	with	the	applicable	conditions	and	limitations	stated	below.	As	

more	 fully	 set	 forth	 herein,	 an	 equivalent	 level	 of	 safety	 will	 be	 maintained	 since	 the	 UA	 is	

equipped	with	a	 barometric	 pressure	 sensor	and	GPS	equipment,	which	automatically	ensures	

that	a	ground	level	pressure	setting	will	be	established	prior	to	each	flight,	and	provides	the	PIC	

with	altitude	information	of	the	UA	on	the	heads-up	display	of	the	GCS.	

4.	Extent	Of	Relief	Altitude	33	Seeks	And	The	Reason	Altitude	33	Seeks	Relief	From	Section	

91.151(b).	

Relief	from	Section	91.151(b)	entitled	Fuel	requirements	for	flight	in	VFR	conditions,	is	requested	

to	the	extent	required	to	allow	flights	of	the	battery	powered	UA	will	safely	operate	the	battery	

powered	UA	during	daylight	hours	in	visual	meteorological	conditions	(VMC),	under	visual	flight	

rules	(VFR),	with	enough	battery	power	to	fly	for	a	total	duration	of	23	minutes..	Altitude	33	seeks	

the	 requested	 relief	 because	 without	 an	 exemption	 from	 Section	 91.151(b),	 the	 flight	 time	

duration	of	the	battery	powered	UA	will	severely	constrain	the	practicality	of	any	aerial	video	or	

still	photo	flight	operations	that	Altitude	33	proposes	to	conduct	pursuant	to	this	Petition.	

Significantly,	as	set	forth	below,	the	technical	specifications	of	the	UAS,	the	operating	documents,	

and	Altitude	33’s	proposed	operating	limitations,	ensure	that	Altitude	33	will	safely	operate	the	

battery	powered	UA	during	daylight	hours	in	visual	meteorological	conditions	(VMC),	under	visual	

flight	rules	(VFR),	with	enough	battery	power	to	fly	for	a	total	duration	of	23	minutes.	

5.	Extent	Of	Relief	Altitude	33	Seeks	And	The	Reason	Altitude	33	Seeks	Relief	From	Sections	

91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	And	91.417(a)	&	(b).	

Since	Sections	 91.405(a),	 91.407(a)(1),	 91.409(a)(1)	&	(a)(2),	and	 91.417(a)	&	(b)	 only	apply	 to	
6

aircraft	with	an	airworthiness	certificate,	Altitude	33	requests	relief	from	these	Sections	because	

the	UAS	do	not	require	airworthiness	certificates.	As	set	forth	more	fully	below,	the	UAS	meet	the	

conditions	of	FMRA	Section	333	for	operation	without	an	airworthiness	certificate.	Accordingly,	

Altitude	 33	 will	 use	 trained	 technicians	 to	 perform	 maintenance,	 alterations,	 or	 preventive	

maintenance	on	 the	UASs	using	 the	methods,	 techniques,	and	practices	prescribed	in	 the	UAS	

operating	documents	(i.e.,	the	Altitude	33	Aerial	Operations	Manual,	Monthly	Maintenance	Log,	

and	 UAS Instruction	 Manual).	 Furthermore,	 Altitude	 33	 will	 document	 and	 maintain	 all	

maintenance	records	for	the	UAS.	

THE	REASONS	WHY	GRANTING	THE	EXEMPTION	WOULD	NOT	

ADVERSELY	AFFECT	SAFETY

In	 seeking	 this	 exemption,	 Altitude	 33	 submits	 that	 our UASs can	 operate	 safely	 in	 the	 NAS	

pursuant	to	FMRA	Section	333,	as	demonstrated	by:	(a)	the	characteristics	of	the	UAS;	(b)	the	pilot	

certification	requirement;	and	(c)	the	specific	operating	limitations.

1.	Safe	Characteristics of	UAS.	

• The	UAS	do	not	create	a	hazard	to	users	of	the	NAS	or	the	public,	or	otherwise	pose	a	

threat	 to	 national	 security	 considering	 its	 size,	 weight,	 speed,	 and operational

capability.

2.	Pilot	Certification	Requirement.	

• Altitude	33 will	only	utilize	certificated	pilots	who	possess	a	current	and	valid	airman	

medical	certificate	to	act	as	a	pilot	in	command	(PIC)	of	the UAS.	Additionally,	a	safety	

observer	will	assist	all	pilots	during	flight	time.	

3.	Specific	Operating	Limitations.	

• The	UAS autonomous	flight	and	navigation	modes	enable	the	UAS to	remain	within	a	

defined	operational	area.

• The	UAS	operated	by	the	petitioner	weighs	less	than	55	pounds,	including	the	

payload	(i.e.	camera,	lens,	and	gimbal).	

• The	UAS are	designed	for	automatic	return	to	home	point	or	hover	in	the	event	of	
7

loss	of	the	control	link	or	navigation.

• Flight	operations	of	UAS are limited	to	the	line	of	sight	of	a	certificated	pilot	in	

command	with	a	safety	observer.

• Flights	of	UAS are	below	400	feet	(well	within	the	400ft permissible	ceiling	set	by	the	

FAA	Modernization	and	Reform	Act	of	2012).

• The UAS will	land	prior	to	manufacturer	recommended	minimum	level	of	battery	

power.

• The	flights	will	operate	in	reasonably	safe	environments	that	are	strictly	controlled,	

are	away	from	power	lines,	elevated	lights,	airports	and	actively	populated	areas.

• Extensive	pre-flight	inspections	and	protocol will	occur during	which	safety	carries	

primary	importance.	

• Flights	of	the UAS	will	be	conducted	pursuant	to	specific	operating	limitations.	

THE	REASONS	WHY	GRANTING	ALTITUDE	33’S	REQUEST	WOULD	BE	IN	

THE	PUBLIC	INTEREST

Granting	 the	 present	 Petition	will	further	 the	 public	 interest	 by	 allowing	 Altitude	 33	 to	 safely,	

efficiently,	 and	 economically	 perform	 professional Aerial	 Photography,	Aerial	Cinematography,	

Aerial	 Mapping,	 Aerial	 Inspections,	 Surveying, Inspections, Newsgathering,	 Remote	 Sensing,	

Search	 &	 Rescue,	 Closed	 Set	 Filming for	 motion	 picture,	 television	 and	 commercial	 film	

productions	servicing the following	 industries	but	 not	 limited	 to:	 construction,	agriculture,	 real	

estate,	insurance,	wildlife	&	forestry	management,	industrial,	civil	engineering, sporting	events,	

special	events/festival	operations,	entertainment	venues,	hotel/resorts,	golf	courses,	mining,	and	

closed	set	filming	for	motion	picture,	television,	and	commercial film	productions.	

• The	Public	Will	Benefit	From	Decreased	Congestion	Of	The	NAS.	

• The	Public	Will	Benefit	From	The	Safety	And	Efficiency	Of	The	UAS.	

• Performing	Operations	With	The	UAS	Will	Benefit	The	Economy.	

• There	Are	No	Privacy	Issues.	
8

Altitude	33	can	remain	competitive	and	profitable,	and	therefore,	provide	greater	job	stability	to	

employees	 and	 contractors,	 which	 will	 ultimately	 contribute	 to	 growth	 of	 the	 U.S.	 economy.	

Improved	financial	performance	of	U.S.	companies,	through	commercial	use	of	the	UAS,	provides	

a	 stable	 workforce	 that	 increases	 consumer	 spending;	 improves	 local,	 state,	 and	 federal	 tax	

revenues;	 and	 allows	 companies	 to	 invest	 in	 research	 and	 development	 in	 order	 to	 remain	

competitive	 both	 in	 the	 United	 States	 and	 abroad.	 Additionally,	 use	 of	 UASs will	 decrease	

congestion	of	the	NAS,	reduce	pollution,	and	provide	significant	benefits	to	the	economy.	Notably,	

the	benefits	of	Altitude	33	‘s	proposed	operation	of	the	UAS	will	be	realized	without	implicating	

any	privacy	issues.	

PROPOSED	OPERATIONS

Altitude	 33	 provides	 its	 clients	 with	 the	 highest	 quality	 digital	 content	for	 use	 in	 their	

commercial,	 personal,	 and	 non-profit	 multimedia	 projects.	 Altitude	 33	 has	 over	 3	 years	 of	

professional	experience	in	videography	and	photography	and	is	recognized	as an	expert	this	field.	

Altitude	 33	 has	over	 1	year	of	 recreational/hobby	experience	in	all	aspects	of	aerial	video	and	

photography.	 The	 objective	 of	 Altitude	 33	 operations	 is	 to	 provide	 professional	 Aerial	

Photography,	Aerial	Cinematography,	Aerial	Mapping,	Aerial	Inspections,	Surveying,	Inspections,	

Newsgathering,	 Remote	 Sensing,	 Search	 &	 Rescue,	 Closed	 Set	 Filming	 for	 motion	 picture,	

television	and	commercial	film	productions.			The	commercial	services	provided	by	Altitude	33	will	

service	the	following	industries	but	not	limited	to:	construction,	agriculture,	real	estate,	insurance,	

wildlife	 &	 forestry	 management,	 industrial,	 civil	 engineering,	 sporting	 events,	 special	

events/festival	operations,	entertainment	venues,	hotel/resorts,	golf	courses,	mining,	and	closed	

set	filming	for	motion	picture,	television,	and	commercial	film	productions.	

SERVICES	PROVIDED

Aerial	Photography	& Cinematography

Mapping

Inspections

Surveying	

Remote	Sensing

Search	&	Rescue

Closed	Set	Filming

Newsgathering

Research

INDUSTRIES	SERVICED

Construction

Agriculture

Real	Estate

Insurance

Research

Wildlife	&	Forestry	

Management

Industrial

Motion	Pictures

Civil	Engineering

Sporting	Events

Special	Events/Festivals

Entertainment	Venues

Hotels/Resorts

Golf	Courses

Mining

Commercial	Films

Television
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MAKE	AND	MODEL	OF	AIRCRAFTS  

Unmanned	Aircraft	Systems:	

• 3D Robotics Solo

• DJI	Phantom	3

• DJI	Inspire	1

Altitude 33	seeks	an	exemption	to operate	the	commercially	produced	UAS	DJI	Phantom	3,	DJI	

Inspire	 1	 or	 3DRobotics	 Solo.	 These	 aircraft	 have	 inherent	 design	 features	 that	 contribute	 to	

minimizing	 risk	 to	 the	 NAS,	 persons	 and	 property	 on	 the	 ground.	 These	 features	 include	

operational	weights	less	than	55	pounds,	maximum	operating	speeds	of	less	than	100	miles	per	

hour,	onboard-computer-limited	maximum	altitude	of	400	feet	AGL,	on-board	GPS	no-fly	zones,	

and	operational	fail	modes	that	can	automatically	return	the	UAS	to	its	departure	point	if	it	loses	

contact	with	the	transmitter	or	if	an	unsafe	condition	is	detected	by	the	pilot.	

The	petitioner	will	use	the	manufacturers	preflight	inspection,	maintenance	and	repair	procedures	

to	ensure	that	the	UAS	is	in	a	condition	for	safe	flight.	These	commercially	produced	UAS	all	comply	

with	FCC	regulation	and	requirements.	

A	SUMMARY	THAT	CAN	BE	PUBLISHED	IN	THE	FEDERAL	REGISTER,	

STATING:	THE	RULES	FROM	WHICH	ALTITUDE	33	SEEKS	EXEMPTION

Altitude	 33	 seeks	 exemption	 from	 the	 requirements	 of	 14	 C.F.R	 §§ 45.23(b),	 61.23(a)	 & (c),

61.101(e)(4)&(5),	 61.113(a)&(b), 61.315(a),	 91.7(a), 91.9(b)(2),	 91.103(b),	 91.119,	 91.121,	

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

an	Unmanned	Aircraft	System	pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	

of	2012	(FMRA).	

A	Brief	Description	Of	The	Nature	Of	The	Exemption	Altitude	33	Seeks:	

This	exemption	will	 permit	Altitude	 33	 to	 operate	an	Unmanned	Aircraft	System	(UAS)	for	 the	

commercial	purpose	of	conducting	Aerial	Photography,	Aerial	Cinematography,	Aerial	Mapping,	

Inspections,	Surveying,	Inspections,	Newsgathering,	Remote	Sensing,	Search	&	Rescue,	Closed	Set	

Filming	for	motion	picture,	television	and	commercial	film	productions.	The	commercial	services

provided	 by	 Altitude	 33 will	service	 the following	 industries	 but	 not	 limited	 to:	 construction,	

agriculture,	 real	estate,	insurance,	wildlife	&	forestry	management,	industrial,	civil	engineering,
10

sporting	 events,	 special	 events/festival	 operations,	 entertainment	 venues,	 hotel/resorts,	 golf	

courses,	 mining,	 and	 closed	 set	 filming	 for	 motion	 picture,	 television,	 and	 commercial film	

productions.

Respectfully	submitted,	

Altitude	33

Tiffany	Zablosky

Altitude	33,	Owner

5785	Mission	Center	Rd,	Suite	214

San	Diego,	CA		92108

Tel:	310.745.9868	

Email:	tiffa31@mac.com