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U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Aviation Regulations

Dear Madam, Sir, 

This petition is being submitted on our behalf without legal counsel or consulting services. 

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

and 14 C.F.R. Part 11, Pin High Investments LLC, and operator of the DJI Phantom 3 

Professional seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below. 

The name and address of the applicant is:

Pin High Investments LLC

Attn: Benjamin Ballard – Partner Jacob Westfall

Phone: 951-534-6500 Phone: 330-808-4433

Email: Benjamin.ballard1@gmail.com Email: Jacob.Westfall@cbre.com

Address: 1900 Superior Ave. E. #211, Cleveland, OH 44114.

The Requested exemption would permit Pin High Investments LLC to pursue its commercial 

interests in providing services to clients using a small advanced UAS in the following areas: 

• Real Estate

• Marketing 

• Surveying

• Research and development

• Industrial

• Golf Courses

Pin High Investments LLC states that all UAS flights will occur over private or controlled access 

property and will do so with the property owner’s consent and knowledge and that only people 

who have consented or otherwise have agreed to be in the area where aerial videography or 

photography will take place. The requested exemption would permit the operation of designated 

UAS as set forth in this document under controlled conditions in the NAS that would be a) 

limited, b) controlled, c) predetermined and d) safe. 

Regulation from which the exemption is requested:
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• 14 C.F.R. 21

• 14 C.F.R. 45.21

• 14 C.F.R. 45.23

• 14 C.F.R. 45.25

• 14 C.F.R. 45.27

• 14 C.F.R. 45.29

• 14 C.F.R. 61.133(a) & (b)

• 14 C.F.R. 91.7(a)

• 14 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.103

• 14 C.F.R. 91.109(a)

• 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. Subpart E (91.401 – 91.417)

All locations will be strictly controlled for access by only the PIC, observer and other relevant 

safety personnel. The PIC will have 20+ hours of sUAS experience. Airspace assessment must 

be completed both prior to preflight and again just prior to takeoff. Flight planning for each flight 

includes obtaining any regulatory permission, land-use permissions, performing a risk 

assessment, and map study of planned flight area. Observer and support ground crew members 

will secure planned and alternated operating zones, establishing communications, and identifying 

emergency contingencies. 

Approval of this exemption would enhance safety and fulfill the Secretary of Transportation’s 

responsibilities to “... establish requirements for the safe operation of such aircraft systems in the 

national airspace system.” Section 333(c) of the Reform Act. Additionally, the enhanced safety 

achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with 

small UAS carrying no passengers or crew and operated under the specific guidelines and 

procedures proposed gives the FAA good cause to find that the UAS operation enabled would be 

in the public interest. Thus, the requested exemptions should be granted. 

The standard pre-flight check list and procedures are as follows: 

1. The flight battery and transmitter battery must be fully charged. 

2. Always turn on the transmitter first and then the sUAS. 

3. Check for visible damage such as loose screws, broken, unbalanced or damaged 

propellers, faulty connectors or solder joints, landing gear, etc. 

4. The propellers must be in a good condition and securely mounted. 

5. The rotors must spin smoothly. Must ensure that there are no objects in the rotational 

plane of the propellers or within a distance that poses a risk of obstruction. 

6. Confirm appropriate audible beeps when switched on for GPS calibration and 

communications link, and directional and battery charge lighting are on. 

7. Ensure that the selected channel on the remote control is free and within range of the 

transmitter. 
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8. Ensure the sensors are calibrated. 

9. Check gimbal and camera functions. 

10. After starting the motors, check that all motors are running and rotate evenly, initiate 

takeoff at a low altitude and confirm all flight controls and telemetry are functioning 

normally. 

During Flight:

1. Maintain a visual line of sight with aircraft at all times. 

2. Confirm aircraft altitude is no greater than 200 feet AGL at all times. 

3. Confirm aircraft is within 1500 lateral feet of PIC at all times.

4. Keep ground speeds under 43 knots at all times. 

5. Confirm all planned flight path airspace is free of all obstacles. 

6. Monitor battery life and property land sUAS within 25% battery life remaining. 

7. Flight times shall never exceed 18

8. If the sUAS loses communications or loses its GPS signal, the UAS will be returned to 

the predetermined location within the security perimeter and land. 

9. Land in designated and controlled landing zone and properly power down aircraft and 

transmitter. 

Characteristics of the aircraft

Pin High Investments LLC will operate one or more of the following UAS:

1. DJI Phantom 3 Professional

Product specifications:

• Weight (battery included)

o 1280 grams

• Hovering Accuracy (GPS mode) 

o Vertical: +/- 10cm; Horizontal: +/- 1m

• Max Angular Velocity

o Yaw: 200°/s

• Max Tilt Angle

o 35°

• Max Ascent Speed

o 5m/s

• Max Descent Speed

o 3m/s

• Max Speed

o 16m/s (ATTI mode, no wind – NOT RECOMMENDED)

• Max Flight altitude

o 6000m

• Max Flight Time

o Approximately 23 minutes 

• Motor Model

o DJI 3510

• Propeller Model
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o DJI 1345

• Operating Temperature Range

o 14°F to 104°F (-10°C to 40°C)

• Dimensions

o 17 1⁄4” x 17 3⁄4” x 12”

Transmitter Specifications: 

• Name

o C1

• Operating Frequency

o 5.728-5.850GHz; 2.400-2.483GHz

• Communicating Distance (unobstructed)

o 2000m

• Output Power

o 9W

• Operating Temperature Range

o 14°F to 104°F (-10°C to 40°C)

• Battery 

o 600mAH LiPo 2S

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Aircraft Safety

• The sUAS must weigh 7 pounds or less including energy source(s).

• The sUAS must be flown at a ground speed not exceeding 43 knots. 

• Flights must be operated at an altitude not to exceed 200 feet above ground level (AGL). 

Altitude must be reported in feet AGL. 

• The sUAS must be operated within a visual line of sight (VLOS) of the PIC and visual 

observer (VO) at all times. The PIC must be able to use vision unaided by any device 

other than corrective lens. 

• All operations must utilize a VO. The VO will NOT take the place of the PIC in 

maintaining VLOS capability. The PIC and VO must be able to verbally communicate at 

all times. The PIC will confirm that the VO can perform the duties required of a VO. 

• The operators’ manual and grant of exemption will be made available to the administrator 

upon request. The operator must follow the procedures as outlined in the operator’s 

manual unless a discrepancy exists between the conditions and limitations of the 

exemption in which case the conditions and limitations of the exemption will take 

precedence and must be followed. Operators and safety manuals will be made available 

during all sUAS flight operations. 

• Prior to each flight the PIC must inspect the sUAS to ensure it is in a condition for safe 

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

aircraft is prohibited from operating until the necessary maintenance has been performed

and the sUAS is found to be in a condition for safe flight. The Ground Control Station, if 

utilized, must be included in the preflight inspection. All maintenance and alterations 

must be properly documented in the aircraft records. 

• The sUAS must NOT undergo any maintenance or alterations that affect the sUAS 

operation or flight characteristics, e.g., replacement of a flight critical component. 
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• The operator must follow the manufacturer’s UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

• Regarding distance from non-participating persons, the operator must ensure that no 

persons are allowed within 500 feet of the area except those consenting to be involved 

and necessary for insuring safety. 

• If the sUAS loses communications or loses its GPS signal, the sUAS must return to a predetermined location within the security perimeter and land or be recovered in accordance 

with the operators’ manual. The operators’ manual will be made available upon request

• The sUAS must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operator’s manual. 

• The sUAS flight operation must be completed within 15 minutes flight time or with 25% 

battery power remaining, whichever occurs first. 

• All sUAS operated in accordance with an exemption must be identified by a serial 

number, registered in accordance with 14 C.F.R. part 47, and have an identification (N 

Number (markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable. 

• Any sUAS operated must comply with all manufacturer Safety Bulletins.

• The sUAS must remain clear and yield the right of way to all other manned operations 

and activities at all times. 

• Operation of sUAS must be not conducted during night. All operations must be 

conducted under visual meteorological conditions (VMC).

• The PIC will only be permitted to operate after demonstrating the ability to operate in a 

safe manner including evasive and emergency maneuvers and maintaining proper 

distances from all structures, people, vessels, and vehicles. Dedicated training only 

sessions will take place to ensure the proficiency and experience of the PIC and will be 

done so with the appropriate distance from non-participants. 

• The sUAS may not be operated less than 500 feet below or less than 2000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

• If the sUAS loses communications or loses its GPS signal, the sUAS must return to a 

predetermined controlled landing area. 

• The PIC is prohibited from beginning a flight unless given the weather, the sUAS has 

enough power to conduct its operation and have minimum reserve power for five minutes 

of flight time. 

• The sUAS will display all assigned registration and identification numbers and markings 

as large as practical and in accordance with applicable C.F.R.’s. 

• The sUAS will not be operated form any moving vehicle or device. 

• All operations shall be conducted over private or controlled property with permission 

from the property owner or authorized representative for each flight. 

• NTSB will be notified within 24 hours of any incident, accident, or flight transgresses of 

lateral or vertical boundaries. 

Public Safety

The safety achieved using an unmanned aircraft with no passengers or crew, weighing 

considerably less than a full sized aircraft, and carrying no flammable fuel load, operating under 
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the flight conditions outlined above, Aircraft Safety, would be in the public interest. In addition 

using a sUAS would reduce risk of injury to property in the air and on the ground. 

Special Exemption Requests

14 C.F.R. 21

Pin High Investments LLC requests an exemption from 14 C.F.R. 21(h). Based on the 

limited size, weight, operating conditions, design safety features, and the imposed conditions and 

limitations, this exemption meets the requirement for an equivalent level of safety as outlined in 

Section 333. 

14 C.F.R. 45.21

Pin High Investments LLC requests an exemption from 14 C.F.R. 45.21. The FAA 

currently has no registration procedures for sUAS, however, if a registration number can be 

assigned, placement on the aircraft will be done in the most practical and visible means 

available. 

14 C.F.R. 45.23

Pin High Investments LLC requests an exemption from 14 C.F.R. 45.23. Due to the small 

size of the sUAS, full size aircraft marks are not feasible. If the FAA assigns a designation, Pin 

High Investments LLC will place assigned designation marks on the aircraft in the most practical 

and visible manner available. 

14 C.F.R. 45.25

Pin High Investments LLC requests an exemption from 14 C.F.R. 45.25. The sUAS is a 

multi rotor aircraft and does not possess fixed wings and as such 14 C.F.R. 45.25 is inapplicable. 

14 C.F.R. 45.27

Pin High Investments LLC requests an exemption from 14 C.F.R. 45.27. Due to the small 

size of the sUAS, it has no cabin, fuselage, boom, or tail. 

14 C.F.R. 45.29

Pin High Investments LLC requests an exemption from 14 C.F.R. 45.29. Due to the size 

constraints of the sUAS, this requirement cannot be met. However, with approval of an 

exemption an aircraft mark will be affixed in the most practical manner and location. 

14 C.F.R. 61.113

Pin High Investments LLC requests an exemption from 14 C.F.R. 61.113. The PIC of the 

sUAS does not possess a commercial or private pilots license. However, the proposed use of an 

unmanned aircraft with no passengers or crew, weighing considerably less than a full sized 

aircraft, and carrying no flammable fuel load, operating in controlled areas, using a skilled sUAS 

PIC, will achieve the equivalent level of safety of current operation by manned aircraft with a 

private pilots license. 

14 C.F.R. 91.7(a)
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Pin High Investments LLC requests an exemption from 14 C.F.R. 91.7(a). Given the 

rules of operation and maintenance listed above, an equivalent level of safety can be achieved 

since no standard of airworthiness currently exists and no airworthiness certificate can be issued. 

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

Pin High Investments LLC requests an exemption from 14 C.F.R. 91.9(b)(c). There is no 

method for approval of sUAS manuals currently, there is no place to carry such a manual on 

board the aircraft, and no pilot on board to reference it. The flight manual must however be kept 

at the ground control location for PIC reference. The manual will also be made available upon 

request. As referenced earlier due to the aircraft small size, full sized markings are not possible. 

With an exemption, the proper marking can however be prominently in place on the sUAS in the 

most visible manner. It is also Pin High Investments LLC’s understanding that relief from these 

regulations is no longer necessary in light of the FAA Memorandum “Interpretation regarding 

whether certain required documents may be kept at an unmanned aircraft’s control station,” 

dated August 8, 2014. 

14 C.F.R. 91.103

Pin High Investments requests an exemption from 14 C.F.R. 91.103. The PIC will take 

all actions as stated above under The Standard Pre-Flight check List. Specifically, the PIC will 

take all actions including reviewing weather, flight battery requirements, aircraft performance 

data, and lancing and takeoff distances before initiation of a flight. The PIC will also account for 

all relevant site-specific conditions in their preflight procedures. Risks presented by sun glare 

will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a return-tohome sequence if needed. 

14 C.F.R. 91.109

Pin High Investments requests an exemption from 14 C.F.R. 91.109. Remote controlled 

sUAS are designed or constructed without dual controls. The equivalent level of safety is 

provided by the limited size, speed, weight and altitude of the aircraft in addition to no pilot or 

crewmember on board the aircraft. 

14 C.F.R. 91.119

Pin High Investments requests an exemption from 14 C.F.R. 91.119. Pin High 

Investments LLC will operate the sUAS at an altitude not to exceed 200 feet AGL for safety. 

With the sUAS small size and weight, an equivalent level of safety to manned flight can be 

maintained while flying closer than 500 feet from structures and the ground. 

14 C.F.R. 91.121

Pin High Investments requests an exemption from 14 C.F.R. 91.121. The sUAS being 

flown will have live feedback of altimeter and will maintain an altitude below 200 feet AGL at 

all times. With PIC and VO using line of sight operation and telemetry, equivalent levels will be 

met. 

14 C.F.R. 91.151

Pin High Investments requests an exemption from 14 C.F.R. 91.151. Pin High 

Investments LLC believes that an equivalent level of safety can be met by limiting flight times of 
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the sUAS to 15 minutes or until 25% battery charge remains, whichever is greater. Due to the 

limited flight times of a sUAS, it is not possible to comply with part 91.151.

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

Pin High Investments requests an exemption from 14 C.F.R. 91.203(a)(b). Currently

there are no FAA procedures for providing an airworthiness certificate. With the automatic 

return to home feature, in the rare event of a radio control link disruption, the reduced speed, 

distance of flight, light weight, and 200 feet AGL altitude limit and no on board flight crew, will 

combine to provide a greater degree of safety to the public than the conventional flight 

operations with air worthiness certificates. 

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

Pin High Investments requests an exemption from 14 C.F.R. 91.405(a)(d). Since sUAS 

will be flown without passengers and these sections concern inspection requirements for 

passengers, Pin High Investments LLC requests an exemption. As noted earlier, placard 

placement on the small form factor of a sUAS is not practical and also should be exempted. Log 

books detailing repairs and maintenance will be kept on file. 

14 C.F.R. 91.407

Pin High Investments requests an exemption from 14 C.F.R. 91.407. TO achieve an 

equivalent level of safety, Pin High Investments LLC will follow the maintenance requirements 

outlined in the DJI maintenance manual as well as maintain detailed inspection and maintenance 

records. Both the maintenance manual and detailed inspection and maintenance records will be 

made available at request. 

14 C.F.R. 91.409

Pin High Investments requests an exemption from 14 C.F.R. 91.409. This section is 

applicable to larger manned aircraft with longer flight times than that of a sUAS. Pin High 

Investments LLC believes that the pre and post flight inspections outlined above will meet the 

equivalent level of safety required. 

14 C.F.R. 91.417

Pin High Investments requests an exemption from 14 C.F.R. 91.417 as it pertains to 

aircraft with an airworthiness certificate. To achieve an equivalent level of safety, Pin High 

Investments LLC will keep all maintenance records and a complete listing of replacement parts 

on file. 

Conclusion

As set forth herein, Pin High Investments LLC seeks an exemption pursuant to 14 C.F.R. 

§11.61 and §333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will 

permit the safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness 

certificate, for the limited purpose of conducting aerial video and photography over certain areas 

of the Untied States. By granting this petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 201, while also advancing 
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the interests of the public, by allowing Pin High Investments LLC to safely, efficiently, and 

economically operate the DJI Phantom 3 UAS commercially within the NAS. 

Wherefore, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 201, Section 333, Pin High Investments LLC respectfully 

requests that the Administrator grant this petition for an exemption from the requirements of 14 

C.R.R. Sections (21, 45.21, 45.23, 45.25, 45.27, 45.29, 61.113, 91.7, 91.9(b)(2), 91.103, 91.109, 

91.119, 91.121, 91.151, 91.203(a) & (b), 91.401-91.417) and permit Pin High Investments LLC 

to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States.