October 27, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 

20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14

C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109;

119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, James Robertson, am writing pursuant to the FAA Modernization and Reform Act of

2012 and the procedures contained within 14 C.F.R. 11, to request that I, James Robertson, an owner and

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed

below so that I, James Robertson, may operate my small ultra-lightweight unmanned aircraft system (“sUAS”) 

commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

James Robertson, provides his clients with expertise and knowledge in advanced technologies and solutions 

to increase efficiency, productivity and effectiveness. James Robertson also provides his clients with the 

highest quality digital content for use in their commercial, personal, and non-profit multimedia projects. 

James Robertson has 5 years of professional experience in video production and photography. James 

Robertson has over 20 years of recreational/hobby experience in all aspects of video and photography. The 

objective James Robertson’s aerial video and photography operations is to provide high quality imaging for a 

variety of wedding, commercial, public, and residential uses, specifically targeting 

• Wedding Videography and Photography 

• Commercial Cinematography 

• Real Estate Photography 

• Increase public knowledge of UAS and promote safe UAS operations.

Unmanned Aircraft Systems: DJI Phantom 3 Professional sUAS. 

James Robertson seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI 

Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control 

Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum 

gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height 

of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 Professional is equipped with 

four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 sUAS that will 

be operated by James Robertson. will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, 

as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification 

and Registration Marking. 

My, James Robertson's, exemption request would permit operation of ultra-light weight, unmanned (piloted by

remote control) and comparatively inexpensive sUAS(s) in tightly controlled and limited airspace.

Predetermined in areas away from large public gatherings, airports and heliports for community videos,

photos and video of new and remodeled commercial buildings/projects, individual homeowner aerial

photography/videography, photography and video of land developments for builders, and nature photos and

videos in completely unpopulated areas and other community related events upon request.

Currently, similar lightweight, remote controlled sUASs are legally operated by unmonitored amateur

hobbyists with no safety plan or controls in place to prevent catastrophe. I, James Robertson, have personally

instilled safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft

hazards/catastrophe. This will act to further safety protocols exclusive to lightweight sUAS's specific to

photography & videography usage as I, James Robertson, record flight data and other information gained

through permitted flight operations to share with the FAA through any required FAA reports to assist with

future protocol and safety regulation.

Granting my, James Robertson’s, request comports with the Secretary of Transportation’s (FAA

Administrator’s) responsibilities and authority to not only integrate sUASs into the national airspace system, 

but to “...establish requirements for the safe operation of such aircraft systems [sUASs] in the national 

airspace system” under Section 333(c) of the Reform Act specific to the use of sUASs for photography & 

videography purposes. Further I, James Robertson, will conduct my operations in compliance with the 

protocols described herein or as otherwise established by the FAA.

For the reasons stated below I, James Robertson, respectfully request the grant of an exemption allowing me to

operate ultra-light weight, remote controlled sUASs for the purposes of acquiring aerial photos & videos,
both of which will promote local economic growth through increased employment and increased tax base.

Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that

poses potential public hazard.

 I. Contact Information:

 James Robertson, Drone Hire LLC, 201 W Ocean Avenue #3433 

 Lantana, Florida 33465. Office (561) 401-0957 Email: hiredrone@gmail.com

The Specific Sections of Title 14 of the Code of Federal Regulations From Which James Robertson Requests 

Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 

(a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

The Extent of relief James Robertson seeks and the Reason He Seeks Such Relief:

I, James Robertson, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334,

seeking relief from any currently applicable FARs operating to prevent me, James Robertson, contemplated

commercial cinematic, academic and other flight operations within the national airspace system. The Reform 

Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace 

system as it is in the public’s interest to do so.

My, James Robertson’s, ultra-lightweight sUAS meets the definition of “small unmanned aircraft” as defined 

in Section 331 and therefore the integration of my ultra-lightweight sUAS is expressly contemplated by the

Reform Act. I would like to operate my ultra- lightweight sUAS prior to the time period by which the Reform 

Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and 

valuable information for formal regulation that can be administered uniformly to all related sUAS aerial 

photography & videography.

The Reform Act guides the Secretary in determining the types of sUASs that may operate safely in our

national airspace system. Considerations include: The weight, size, speed and overall capabilities of the

sUASs; whether the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS

will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption

for me, James Robertson. My sUAS utilizes four (4) counter-rotating propellers for balance, control and

stability. My sUAS is equipped with GPS and auto return safety technology. Weighing less than five (5)

pounds (far below the maximum 55 pound limit); including camera with gimbal.

I, James Robertson, consider safety as upmost importance with every flight. My small unmanned aircraft is

designed to hover in place via GPS and operate in less than a 16 knot (17 mph) wind. For safety, stability and 

fear of financial loss I will not fly in winds exceeding 14 knot (15 mph). Built in safety systems include a 

GPS mode that allows my sUAS to hover in place when radio controls are released. With three modes to

choose from, I utilize the GPS Mode4 for aerial photography and videography. This is the safest, most

reliable and stable mode to prevent accidents and hazards. When pilot communication is lost, the sUAS is

designed to slowly descend to point of take-off.

I do not operate my sUAS near airports, Hospitals nor Police heliports, and do not operate near areas where

general public is within thirty to one hundred (30-100) yards depending on location, conditions and weather. 

I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land / abort 

immediately to the nearest and safest ground point should a manned aircraft approach my location or I 

suspect manned aircraft may approach near my location. My sUAS is capable of vertical and horizontal 

operations, and are flown only within my line of sight of me, as the remote control pilot.

Utilizing battery power rather than combustible fuels, flights generally last between ten (10) to fifteen (15)

minutes, with an altitude under two hundred (200) feet. I, James Robertson, utilize a fresh fully charged 

battery with each flight as a safety precaution; full flight time limit for each battery is twenty (20) to twentyfive

(25) minutes as tested.

I do not operate my sUAS at or below the manufacturer recommend minimum charge levels for operation;

preferring to remain well within a safe operating range to insure adequate communication between radio

control and sUAS to eliminate potential for crash, loss of control or hazards. Reserve batteries are at hand

with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk

that may cause a crash, which could create hazards to the public / property / manned aircraft, and have no

desire to lose an investment. I have done scores of practice flights in remote areas as a hobbyist simulating

flights for future commercial use to gain familiarization with the characteristics of this specific sUAS’s

performance under different temperature and weather conditions. All for the sake of safety.
I, James Robertson, am extremely cautious when operating of my sUAS / ultra-lightweight unmanned aircraft

and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b).

Given the small size and weight of my sUAS it falls well within Congress’s contemplated safety zone when

it promulgated the Reform Act and the corresponding directive to integrate sUASs into the national airspace 

system. My, James Robertson’s sUAS, used in hobby flight, has a demonstrable safety record and does not 

pose any threat to the general public or national security.

How James Robertson’s Request Will Benefit the Public As A Whole:

Aerial photography and has been around for a long time through manned fixed wing aircraft and helicopters. 

For small budget productions the expense of such aerial photography and videography is cost prohibitive. 

Only larger companies can afford to absorb such expense. Manned aircraft pose a threat to the public through 

the potential of a catastrophic crash. My, James Robertson's, sUAS poses no such threat since size and lack 

of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown sUASs into 

the national airspace system, hence the passing of the Reform Act. Granting my, James Robertson’s,

exemption request furthers the public interest through academic/visual awareness of the photography and

videography fields throughout the Grand Rapids area. My ultra-lightweights UAS is battery powered and

creates no emissions that can harm the environment. The consequence of my ultra-lightweights UAS

crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible

fuel and can cause catastrophic devastation to the public.

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial photography 

and videography captured through my battery operated ultra-lightweights UAS's. Permitting me, James 

Robertson, to immediately fly within national air space furthers economic growth. Granting my exemption 

request substantially furthers the economic impact for the Grand Rapids area for companies looking to use 

aerial photography and videography, both of which serve as a stimulus to the community.

Reasons Why James Robertson’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will 

Provide a Level of Safety At Least Equal To Existing Rule:

My, James Robertson’s, exemption will not adversely affect safety. Quite the contrary, for the reasons stated

permitting me, James Robertson, to log more flight time in FAA controlled airspace, with communication

with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet

undiscovered safety protocols for photographers and videographers for development in cooperation with the 

FAA.

In addition I, James Robertson, submit the following representations of enhancements to current aerial

photography/videography. My sUAS weighs less than 5 pounds complete with a small ultra-lightweight

high quality camera; I only operate my sUAS below 400 feet (within the 400 foot permissible ceiling set by

the FAA Modernization and Reform Act of 2012); My sUAS only operates for ten (10) to twenty (20)

minutes per flight; I land my sUAS prior to manufacturer recommended minimum level of battery power; I

pilot my sUAS through remote control only by visual line of sight; My sUAS has GPS, a flight safety feature 

whereby it hovers and then slowly lands if communication with the remote control pilot is lost; I actively 

analyze flight data and other sources of information to constantly update and enhance safety protocols; I 

only operate in reasonably safe environment away from airports and areas with large groups of people; I 

conduct extensive pre-flight inspections and protocol, during which safety carries primary importance; I 

always obtain all necessary permissions prior to operation; and, I have procedures in place to abort flights in 

the event of safety breaches or potential danger.

My, James Robertson’s, safety protocols provide a level of safety equal to or exceeding existing rules. It is

important to note that absent the integration of commercial sUAS into our national airspace system,

helicopters are the primary means of aerial photography and videography. While the safety record of such

helicopters is remarkably astounding, there has been incidents involving loss of life as well as extensive

property damage; it is far safer to operate a battery powered ultra-lightweight sUAS.
First, the potential loss of life is diminished because sUASs carry no people on board and I only operate my

sUAS in specific areas away from mass populations. Second, there is no fuel on board a sUAS and thus the

potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of 

my sUAS allow me to remotely pilot away from and avoid hazards quickly and safely. Lastly, given its small 

size and weight, even when close enough to capture amazing images, my sUAS need not be so close to the 

objects they are focused on through the technology and use of post editing software allowing panning, tilting 

and zooming.

Accordingly, my sUAS has been experimentally operated for familiarization/competency and will continue

to operate at and above current safety levels.

VI. A Summary: The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart

H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my, James 

Robertson’s, sUAS permits exemption from Part 21 because my sUAS meets (and exceeds) an equivalent

level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the

Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from the airworthiness certificate

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as

airports and dense populations. My, James Robertson’, current and projected sUASs meets or exceeds each of

the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

B. C. D. E. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board 

pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be 

defined.5 The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. §

91.121 regarding altimeter settings is inapplicable insofar as my sUAS utilizes electronic global positioning

systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft

certifications and registrations. They are inapplicable for the same reasons described above. The equivalent

level of safety will be achieved by maintaining any such required certifications and registrations by me, 

James Robertson. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require

aircraft to be marked according to certain specifications. My sUASs are, by definition, unmanned. They

therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

two-inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering

requirement. Regardless, I will mark the sUASs in the largest possible lettering by placing the word

“EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone

assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to

this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F.R. § 61.113: Private Pilot 

Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. I, James Robertson, can achieve an equivalent level of safety as achieved by current 

Regulations because my sUAS does not carry any pilots or passengers. Further, while helpful, a pilot license 

will not ensure remote control piloting skills. The risks attended to the operation of my sUAS is far less than 

the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, 

James Robertson, to operate my sUAS meet and exceed current safety levels in relation to 14

C.F.R. §61.113 (a) & (b). 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe

altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain

conditions. My sUAS will never operate at an altitude greater than 400 AGL. I, James Robertson, will 

however operate my sUAS in safe areas away from public and traffic, providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability 

and speed of my sUAS, an equivalent or higher level of safety will be achieved. 14 C.F.R. 91.405 (a); 407 

(a) (1); 409

(a) (2); 417(a) & (b): Maintenance Inspections.The above-cited Regulations require, amongst other things,

aircraft owners and operators to “have [the] 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. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to

my, James Robertson', sUAS. However, as a safety precaution I thoroughly inspect my sUAS before and after

each flight.

The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, 

Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements 
for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight 

and enclosed operational area of my sUAS permits exemption from Part 21 because my, James Robertson’s,

sUAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized 

to exempt aircraft from the airworthiness certificate requirement under both the Act (49

U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt 

sUASs from the airworthiness certificate requirement in consideration of the weight, size, speed,

maneuverability and proximity to areas such as airports and dense populations. My sUAS meets or exceeds

each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness

certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots 

or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves 

regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of 

safety will be achieved.

In summary, James Robertson seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 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. § 91.103(b); 14 C.F.R. § 91.109; 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) and (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. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417

(a) & (b) to commercially operate my, James Robertson', small unmanned vehicle/lightweight unmanned 

aircraft vehicle in community awareness and aerial photography and videography operations. Currently, area

awareness and aerial photography and videography relies primarily on the use of larger aircraft running on 

combustible fuel. Posing potential risk to the public. Granting my, James Robertson’, request for exemption 

will reduce current risk levels and thereby enhance safety. My sUAS craft does not contain potentially 

explosive fuel, is smaller, lighter and more maneuverable than conventional aircraft with much less flight 

time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to 

and from established air fields. I, James Robertson, have been informally analyzing flight information and 

will compile safety protocols and the implementation of a flight operations manual that exceeds currently 

accepted means and methods for safe flight. Formal collection of information shared with the FAA will 

enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and 

Reform Act of 2012. There are no personnel on-board my, James Robertson’s, sUAS and therefore the 

likelihood of death or serious bodily injury is significantly diminished. My, James Robertson’s, operation of 

my sUAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an 

equivalent level of safety as that achieved under current FARs. Accordingly I, James Robertson, respectfully 

request that the FAA grant my exemption request and am willing to cooperate in sharing information to 

benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted, 

James Robertson 

Photographer / Videographer 

Drone Hire LLC 

201 W Ocean Avenue #3433 

Lantana, Florida 33465 

Appendices: 

A – Link to DJI Phantom 3 Manual: Click on link below 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf