Mike Crandall

7162 County Road 271

Mico, Texas 78056

210-859-5246

January 23, 2016

US Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Dear Sir or Madam,

Re: Exemption request section 333 of FAA Reform Act and FAA Regulations 14 CFR as follows:

14 CFR Part 21, subpart H

14CFR 45.23 (b)

14 CFR 61.113 (a & b)

14 CFR 91 parts:

.7 (a), .119 (c), .121, .151(a), .203 (a & b), .405 (a), .407(a) (1), .409(a) (2), .417(a & b).

In accordance with section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR, I, Mike 

Crandall, FAA licensed Private Pilot and pilot of a DJI privately owned drone aircraft equipped with a 

camera possessing still and video capability respectfully requests an exemption from the 

aforementioned Federal Aviation Regulations. The purpose of the exemption is to fulfill the following 

commercial applications of aerial photography to include such image capturing and analysis as:

Real Estate Photography

Aerial Landscape Photography

Farming and ranching needs such as crop inspection and herd monitoring

Roofing and construction inspections.

My request for exemptions are specified and below with support to follow.

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions 

approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23(b) prescribes 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 the 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.

Section 61.113(a & b) prescribes that- (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/ nor 

may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot 
may, for compensation or hire, act as pilot in command 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.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes:

(c)Over other than congested areas. An altitude of 400 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 400 feet to any 

person, vessel, vehicle, or structure.

(1)A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this 

section, provided each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and

(2)A powered parachute or weight-shift-control aircraft may be operated at less than the minimums 

prescribed in paragraph (c) of this section. Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that no person may begin 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. Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless 

it has within it (1) and appropriate and current airworthiness certificate; and (2) an effective U.S. 

registration certificate issued to its owner or, for operation within the United States, the second copy of 

the Aircraft registration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in 

pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate 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.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected as prescribed in subpart E of the same part and shall, between required inspections, except as 

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

the chapter.

Section 91.407(a) (1) prohibits, in pertinent part, any person from operating an 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 the same chapter.

Section 91.409(a)(2) prescribes, 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 110-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 which 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 actions is required.

(vi)Copies of the forms prescribed by § 43.9(d) of this chapter 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 same 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 services.

My exemption requests from the above are specified as follows:

Unmanned Aircraft System:

I, Mike Crandall, plan to operate a DJI Phantom 3 Professional, a _______________ and any other drone 

under 55 pounds given permission to fly by any other individual owner or entity.

I plan to use this/these drone(s) in aerial photography and videography for such purpose(s) as: Real 

Estate photography, aerial landscape photography, farming and ranching needs such as crop inspection 

and herd monitoring, and roofing and construction inspections. The flights would take place primarily in

the greater San Antonio area providing businesses with an affordable, safer, more environmentally 

friendly, and innovative option to the marketing of their business or allowing them to provide their 

clients another manner by which to ensure success in their endeavors. 

The use of this DJI in the above named applications greatly reduces risk to the public and

property as there is no fuel carried by the Phantom 3 Professional, aircraft noise is greatly

reduced as opposed to a standard aircraft or rotorcraft both of which require numerous 

passes or extended lengths of hover time to accomplish the same task as the Phantom can 

in only a few minutes. The Phantom only weighs about 3 pounds and is by far a much 

smaller hazard to persons or property than a standard aircraft or helicopter in the event of 

a catastrophic in-flight failure.

There is no higher priority to me than the safety of the public and property. 
I, Mike Crandall, make the following representations of my operations by which to abide 

to ensure these exemptions if granted, will provide a level of safety at least equal to 

existing rules: The Phantom 3 Professional will only be operated by, at a minimum, a 

private pilot with at least a 3rd class airman medical certificate. The PIC will have 

completed at a minimum, 25 hours of documented flight time using the Phantom 3 

Professional with focus being: 

a) Collision avoidance 

b) Loss of C2 link procedures as outlined in the Operators manual for the Phantom 3 

Professional

c) Identification of inflight hazards i.e. aerial wires, birds in the area, changing weather

etc. 

d) Estimating distance from objects, persons, vehicles and vessels. 

e) Communication with the spotter(s) 

f) Completed the DJI Phantom 3 Professional pilot training guide maneuvers and skills. 

g) The ability to recognize persons or objects that are not part of the intended and 

permitted part of the project that enter the 500 foot operational area unless such persons 

or objects are deemed permitted by the owner or controller of the property or area and the

PIC makes a safety assessment of the risk of operating closer and it does not pose undue 

or significant risk.

h) The ability to quickly and safely land the DJI Phantom 3 Professional in the event of 

intrusion into the safe zone. 

1.) A complete pre-flight systematic check by the PIC of the Phantom’s physical 

condition, i.e. props, prop guards, landing gear, position indicator lights, battery capacity 

and overall airframe condition. If any of the above are not within the manufacturers 

minimum standards no flight will take place until such time as the issue(s) is repaired to 

manufacturers standards. *Although prop guards are not required on the DJI Phantom 3 

Professional, I will not operate without them. 

2.) Written documentation of each physical inspection and repairs if any, by the PIC 

(pilot in command) will be kept with the Phantom and will be on-site and available for 

review. 

3.) Software in relation to the Phantom’s operation will be checked for proper function. 

The most current DJI vision APP and the current firmware will be installed to assure the 

most up to date safety features. 

4.) Prior to every flight, the compass on the DJI Phantom 3 Professional; will be 

calibrated as to ensure precision location. 

5.) I will ensure the altimeter setting on the DJI Phantom 3 Professional is

that of AGL (above ground level) rather than GPS or barometric pressure derived 

settings. 

6.) Every safety feature offered through the DJI vision APP will be enabled for every 

flight, every time. To include the following safety features: 

(6) Enable ground station 

(7) Compass calibration 

(8) Low battery auto go home 

(9) Dynamic home point 

(10) Current RTH (return to home) altitude (AGL)

(14) Low battery alarm 

7.) Use of the DJI Ground Station GUI (graphical user interface) 
Of particular interest are the following: 

[3] Flight attitude and radar function 

[4] Flight parameters-RTH (return to home) altitude, horizontal distance from home 

point, altitude-vertical distance from home point, speed-horizontal flying speed.

[6] Flight Battery Level indication 

[7} There is a built in preflight checklist within the DJI vision APP which is completed 

prior to each flight. 

[14] Hide or show flight parameters- the Phantom 3 Professional will 

ALWAYS fly with parameters displayed in order to assist in maintaining safe distances 

from persons and objects and to adhere to the flight plan.

8.) Flights will operate with a minimum of (1) one, trained spotter for every 

flight. “Trained” meaning familiarization with the DJI Phantom 3 Professional, its 

abilities according to the operators’ manual as well as the abilities of PIC. Spotters will 

participate in documented training developed in-house prior to being allowed on the 

flight line. Training will consist of, at a minimum the following:

a) The ability to roughly identify minimum distance from objects 

b) The ability to quickly recognize unusual flight maneuvers/attitudes of the Phantom.

c) The ability to communicate with the PIC the visual limitations and to never let the 

Phantom out of the visual capabilities of the PIC and the spotter(s). 

d) The ability to recognize persons or objects that are not part of the intended and 

permitted part of the project that enter the 500 foot operational area unless such persons 

and objects are deemed permitted by the owner or controller of the property or area and 

the PIC makes a safety assessment of the risk of operating at a closer range and it does 

not pose undue or significant risk to those persons or objects. “ 

e) The ability to accurately describe to the PIC, the orientation of the Phantom in relation 

to the pre-set home point as well as the direction of travel. 

f) The training will take place under strict, safe conditions away from persons or large 

obstacles. I.e. large open fields. 

9.) Prior to each flight, the PIC and the Spotter(s) will perform a pre-flight briefing 

detailing the estimated flight distance, estimated flight level AGL and the goal of the 

particular flight. Each preflight briefing will be documented by the PIC to include flight 

details, pilot name, spotter(s) name, weather details, time and date. 

Written and/or verbal consent will be obtained from the person/business requesting the 

flight. 

A post-flight briefing will also be conducted and documented with the PIC and the 

The Documented Pre-flight, the raw pictures and/or the raw video footage as well as the 

post-flight brief and written consent will be kept by New View LLC for a period of at 

least (2) years. 

I believe that given the size, weight, speed, and limited operating area 

associated with the Phantom 3 Professional, requests for an exemption from 14 CFR part 21, 

Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), 

subject to certain conditions and limitations, is warranted and meets the requirements for 

an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 

(Section 333). 

I also request exemption from § 45.23 Marking of the aircraft. The Phantom 3

Professional does not have a cabin, does not have a cockpit or a pilot station. Minimum 
sized lettering and wording are difficult to place on the Phantom 3 Professional. I will register the drone 

per FAA requirements.

I request an exemption from §§ 91.405(a), 91.407(a) (1), 91.409(a) (2) 

and 91.417(a) and (b) Maintenance inspections and feel it should be granted since they 

only apply to aircraft with an airworthiness certificate. As previously stated, a pre-flight

maintenance inspection (per the manufacturer’s user manual) and documentation for the craft will be 

kept per flight.

DJI Pilot in Command (PIC) 

Under § 61.113 (a) and (b) private pilots are limited to non-commercial operations. 

I will only use, at a minimum a pilot with a private pilot license, current 

3rd class airmen medical certificate as PIC of any flight. 

Under current regulations, civil operations for compensation or hire require a PIC holding

a commercial pilot certificate per 14 CFR part 61. Based on the private pilot limitations 

in accordance with pertinent parts of 14 CFR 61.113(a) and (b), a pilot holding a private 

pilot certificate cannot act as a PIC of an aircraft for compensation or hire unless the 

flight is only incidental to a business or employment. “However, in Grant of Exemption 

No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private 

pilot certificate operating the Astraeus DJI would not adversely affect operations in the 

NAS or present a hazard to persons or property on the ground.” I request

that an exemption allowing a private pilot, such as myself, be allowed to be 

the PIC of the Phantom 3 Professional for compensation similar to the grant of exemption

No.11602 to Astraeus Aerial. 

I request relief from § 91.119(c) because the aircraft will be operated at 

altitudes below 300 feet AGL. Section 91.119(c) states that no person may operate an 

aircraft below the following altitudes: over other than congested areas, 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. I will operate pursuant to the following restrictions related to § 

91.119: 

-Operate in reasonably safe environments that are closely monitored by ground assistants 

and signage placed in locations that would be considered reasonable locations for 

pedestrians, vehicles or vessels to enter the area. 

-Within 5 miles of airports and congested areas. Congested areas will be defined by VFR 

charts as well as by contacting the local FSDO (flight standards district office) 

- Conduct all operations under guidelines contained in the operating 

documents and will analyze flight data and other sources of information such as the 

manufacturer’s website to constantly update and enhance safety. 

-Contact respective airports if operations will be within 5 miles to advise them of 

estimated flight time, flight duration, elevation of flight and other pertinent information 

deemed important by the airport. 

- Always obtain all necessary permissions prior to operation. Permissions include but are 

not limited to a (COA) and a request for a (NOTAM) as well as permission from the 

property owner or person in control of the property and when practical will be in writing 

and kept on file for 2 years for review. If it’s not possible to obtain written permission, 

the PIC will document in writing how permission was obtained i.e. phone call with date, 

time and party information.
I request relief from 14 CFR 91.121 Altimeter Settings. The Phantom 3 Professional has a barometric 

altimeter and GPS derived altitude capabilities. The FAA requires any altitude reported to ATC to be in 

feet AGL.

I will set the altimeter on the Phantom 3 Professional to zero feet AGL rather 

than local barometric pressure or field altitude before flight. 

I request relief from § 91.151(a) Fuel requirements for flight in VFR 

conditions based on the following: 

No fuel is used in the Phantom 3 Professional but it is battery operated. Batteries have, in 

our experience have about 15 minutes of quality flying time. In the interest of safety, 

I generally land with 35% of battery remaining which gives about 9 

minutes of flying time per battery. The Phantom 3 Professional has an audible battery 

state warning system. I will always follow the manufactures minimum 

battery warning which is 30% remaining. There is also an onscreen warning of not 

enough battery to return to home message if flight distance has exceeded battery capacity.

In this event, an emergency landing would be made as soon as safe and practical. The 

Phantom 3 Professional; also has an automated function which results in immediate 

landing when a low battery is detected. Researching previous relief requests, relief has 

been granted for manned aircraft to operate at less than prescribed minimums, including 

Exemption Nos. 2689, 5745, and 10650. In addition, similar DJI-specific relief has been 

granted in exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. I will adhere to all VFR 

minimums as well as VMC conditions when planning and/or executing any flights. There is little purpose 

for aerial video or pictures if the weather is less than desirable. Following VFR minimum standards will at 

least ensure a safe flight. Wind and forecast weather will be key in deciding suitable conditions. Local

weather can be attained from the nearest airport by using AWOS. No flight will take 

place in any condition that would potentially be outside of the Phantom 3 Professional 

capabilities in wind. I will always fly within its 30% minimum remaining 

battery life at its first intended landing point. 

I will obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations. I will 

also request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not 

less than 48 hours prior to the operation. 

If there are any areas that have not been addressed, please contact me for additional

information. 

Sincerely, 

Mike Crandall

7162 County Road 271

Mico, Texas 78056

210-859-5246

mike@wallyswatersports.com