RE: Section 333 exemption request

I, Daniel Mackin, owner and operator of Starline Aerial Photography, LLC, hereby petition the 

Federal Aviation Administration (FAA) for an exemption from part 21, subpart H; and Sections 

45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 

91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code 

of Federal Regulations (14 CFR). 

The proposed exemption will allow me to operate the DJI Phantom 3 Professional 4k quad-copter 

unmanned aircraft system (UAS) to conduct aerial videography and cinematography to enhance 

academic community awareness for those individuals and companies unfamiliar with the 

geographical layout of the metro New Orleans area and augment real estate listing videos.

Public Safety applications could include levee and bridge inspections made at the request of local 

agencies.

The petitioner supports his request with the following information:

The petitioner has provided the following information – contained in his petition and supporting 

documentation including: 1) Phantom 3 Professional user manual 2) 

Unmanned Aircraft System

The petitioner states he plans to operate a UAS, the DJI Phantom 3 Professional, which 

is comprised of an unmanned aircraft (UA or PHANTOM) and a transportable ground station.

The PHANTOM is referred to as a quad-copter with a maximum gross weight of about 3 pounds. It 

is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a 

maximum airspeed of 30 knots. This mUAS comes equipped with a Sony 4k digital video camera.

Petitioner makes the following representations of operational enhancements which he proposes to 

abide by to ensure this exemption will provide a level of safety at least equal to existing rules:

• He will only operate in reasonably safe environments that are strictly controlled, are away 

from power lines, elevated lights, airports and actively populated areas; and

• He will conduct extensive preflight inspections and protocols, during which safety carries 

primary importance; and

• He will enhance the safety of the Phantom with items such as propeller guards; and
• He will complete ongoing training as needed to satisfy local and federal safety regulations.

The petitioner states that given the size, weight, speed, and limited operating area associated with 

the aircraft to be utilized by him, 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).

Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not have a 

cabin, cockpit or pilot station on which to mark certain words or phrases. Further, he states that twoinch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal 

lettering requirement. Regardless of this, petitioner states that he will mark his UAS in the largest 

possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that 

he or anyone assisting him as a spotter will see the markings.

The petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) Maintenance inspections may be required and should be granted since they only apply to 

aircraft with an airworthiness certificate. However, the petitioner states as a safety precaution he will 

perform a preflight inspection of his UAS before each flight as outlined in his operating documents.

UAS Pilot in Command (PIC)

The petitioner asserts that under § 61.113 (a) and (b) private pilots are limited to non commercial

operations, however he can achieve an equivalent level of safety as achieved by current regulations 

because his UAS does not carry any pilots or passengers. Further, he states that, while helpful, a 

pilot license will not ensure remote control piloting skills. He further indicates that the risks of 

operating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 

CFR part 61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges and 

Limitations: Pilot in command.

Regarding UAS operational training, the petitioner states he will fly numerous practice flights in 

remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with 

the characteristics of his UAS’ performance under different temperature and weather conditions. He 

further states that he practices computerized simulated flights to maintain adequate skills and 

response reflex time.
In a supplemental request to the FAA, the petitioner requests consideration of a 120 day temporary 

airman certificate in accordance with § 63.13, to allow him time to obtain a private pilot certificate or 

to allow the FAA time to establish minimum UAS airman certification standards.

The petitioner wishes to note that this new Phantom has several built-in safety features including:

• Return To Home will engage should radio signal be lost with ground station, or should the 

battery drain to a factory-set low limit.

• No waypoints allowed per the factory settings within five miles of any municipal airport.

Thank you in advance for your time.

Daniel Mackin

Starline Aerial Photography, LLC

504-881-5674