Submitted by: 

Graham Schuetzle 

300 N Jefferson Ave.

Pierre, South Dakota

(605)-220-4014

gs.schuetzle@gmail.com

Scope:

Enhance and augment real estate listing videos by using the Phantom 3 

Professional Unmanned Aircraft System to 

conduct aerial photography and videography of real property. UAV Phantom 3 

Professional: The DJI Phantom 3 is a quad-rotor Unmanned Aircraft System 

(UAS) weighing less than 3 pounds. 

The Phantom 3 UAS that Graham Schuetzle will be responsible for also 

utilizes a mobile ground station. The UAS features a safety Return to Home 

function that in the event of a signal loss, the UAS will return to a preset 

position and land safely. The Return to Home feature can also be triggered 

manually. The remote connects to your phone or tablet, and a 1080p HD view 

of everything your camera sees as you fly is displayed live. 

This immersive view streams to you in absolute clarity, enabling safe flying. 

From takeoff to landing, the Phantom 3 responds to commands while 

automatically handling the most complex aspects of safe, stable flight.

Request:

An exemption from 91.7(a), 91.119, 91.121, 91.151(a), 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) as was granted to Ralph J. Apel in Exemption 

No. 11410

Petition:

I request an exemption from TITLE 14 OF THE CODE OF FEDERAL 

REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 

91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 

(a) and (b)

The Extent Of Relief that Graham Schuetzle seeks

1. Extent of Relief that Graham Schuetzle seeks regarding Section 61.113 

(a) and (b) Private Pilot Privileges and Limitations Relief from Section 

61.113 (a) and (b) is requested to allow a Pilot in Command holding a 

current Private Pilots Certificate to operate the Graham Schuetzle’s 

Phantom 3. The flight would be complimented by a Visual Observer who, 
along with the pilot, will maintain Visual Line of Sight with the Phantom 3 

at all times. All operations conducted will be incidental to Graham 

Schuetzle’s business. The Phantom 3 is not able to carry passengers.

2. Extent of Relief that Graham Schuetzle seeks in regards to Section 91.7(a) 

Civil Aircraft Airworthiness Relief from Section 91.7

(a) is requested to allow Graham Schuetzle to determine airworthiness of the 

Phantom 3. As part of this determination the following will be adhered to:

a. Prior to the Phantom 3's flight the PIC will inspect the UA to ensure it 

is in a condition that will be conducive for a safe flight. The ground control 

station will be included in the above inspection.

b. Graham Schuetzle will follow the DJI Phantom 3’s aircraft/

component, maintenance, overhaul, replacement, inspection and life limit 

requirements.

c. Graham Schuetzle will comply with all DJI manufacturer Safety 

Bulletins.

3. Extent of Relief that Graham Schuetzle seeks in regards to Section 91.119 

Minimum Safe Altitudes General relief from 91.119 is requested to allow 

Graham Schuetzle to operate the Phantom 3 at altitudes not to exceed 400’ 

AGL over private property at a distance at or greater than 5NM from the 

nearest airport as depicted on current Aeronautical Charts. Graham Schuetzle 

also wishes to be granted exemption to operate at an altitude not greater than 

50’ AGL (below tree level) between 1NM and 5NM from the nearest airport as 

depicted on current Aeronautical Charts.

Graham Schuetzle will adhere to the following in order to maintain an 

acceptable level of safety associated with operations over private property:

(a) Graham Schuetzle will display signs in the immediate vicinity of operations 

stating: “Aerial Photography In Progress. Use Caution.”

(b) Graham Schuetzle will not allow the Phantom 3

to operate at a speed greater than 10kts.

(c) Graham Schuetzle will require the UAS operator (PIC) to be fully trained 

on the Phantom 3 by adhering to the recommendations contained within the 

Phantom 3’s operating manual.

(d) Graham Schuetzle will have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. In addition the operator will have logged a minimum of 5 

hours as a UAS pilot operating the make and model UAS that Flying Graham 

Schuetzle operates.

(e) Graham Schuetzle will be familiar with and able to manually institute the 

Phantom 3’s Return to Home (RTH) feature. This feature aborts a flight 
operation and automatically returns the UAS to a predetermined GPS safe 

point.

(f) Graham Schuetzle will not operate over private property without first finding 

a suitable alternate landing spot on the property.

(g) Graham Schuetzle will abort the flight in the event of unpredicted 

obstacles or emergencies in accordance with the operating documents.

(h) Graham Schuetzle will utilize a

two man flight team consisting of the Pilot in 

Command (PIC) and a Visual Observer (VO). This team will maintain visual 

line of sight with the Phantom 3 at all times and remain within hearing of one 

another.(i) Graham Schuetzle will not permit flight around vessels, vehicles 

and structures without permission from the owner.

4. Extent of Relief that Graham Schuetzle seeks in regards to Section 91.121 

Altimeter Settings

Relief from 91.121 is requested because the Phantom 3 utilizes electronic 

GPS with a barometric sensor.

In order to maintain an equal level of safety that 91.121 requires, the PIC of 

the Graham Schuetzle's UAS will abort the flight in the events that the UA 

loses communications with the GPS signal.

5. Extent of Relief that Graham Schuetzle seeks in regards to Section 

91.151(b) Fuel Requirements for Flight in VFR Conditions

Relief from 91.151(b) is requested to the extent that allows Graham Schuetzle 

to operate the Phantom 3 up to a point (considering wind and forecast 

weather conditions) that there is enough power to fly at normal cruising speed 

to the intended landing point and land the UA with 30% battery power 

remaining.

6. Extent of Relief that Graham Schuetzle seeks in regards to Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1), and (a)(2), 91.417(a) and (b) These are 

all associated a with Airworthiness certificate Relief from 91.405(a), 91.407(a)

(1), and (a)(2), And 91.417(a) and (b) is requested to the extent that allows 

Graham Schuetzle to operate the Phantom 3 Quad-Copter as necessary. 

These sections are all related to airworthiness certificates of aircraft. There is 

not currently an airworthiness certificate for small UAS’s. Graham Schuetzle 

would comply in full to any conditions and limitations that the Administrator 

would place in order to receive an approved Grant of Exemption.

Public Interest: Aerial videography for real estate marketing has been around 

for a long time through manned fixed wing aircraft and helicopters, but for 

small business owners, it's expense has been cost-prohibitive in rural South 

Dakota. Granting this exemption to me would allow me to provide this service 
at a much lower cost. My UAS will pose no threat to the public given its small 

size and lack of combustible fuel when compared to manned aircraft. The 

operation of my UAS will promote economic growth and minimize ecological 

damage by providing information to companies looking to relocate or build in 

the rural Central South Dakota area. 

Conclusion:

As set forth herein, Graham Schuetzle seeks an exemption pursuant to 14 

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS 

commercially within the Real Estate markets. The Administrator will be 

assisting small business by granting this petition. In accordance with the 

FAA Modernization and Reform Act of 2012, Graham Schuetzle respectfully 

requests that the FAA Administrator grants this petition for exemption from 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 

61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 

91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

Thank you,

Graham Schuetzle

300 N Jefferson Ave.

Pierre, SD 57501