August 20, 2015

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey Avenue, SE

West Building Ground Floor, Room W12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and 

Reform Act of 2012

I, Shannon Cantu, of 1513 Illinois Ave. Ottawa, IL 61350, hereby petition the FAA for a 

Section 333 exemption from various sections of 49 USC of Federal Aviation 

Regulations. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 

112-95, I request certain exemptions in order to conduct aerial photography providing 

unique perspectives of golf courses for marketing purposes using a small unmanned 

aerial vehicle (UAV).

Sincerely,

Shannon Cantu

Founder, ProVisional Shot

815-252-0279

info@ProVisionalShot.com
Overview:

I, Shannon Cantu, of 1513 Illinois Ave. Ottawa, IL 61350, hereby petition the FAA for a 

Section 333 exemption from various sections of 49 USC of Federal Aviation 

Regulations. I am the founder of ProVisional Shot of 1513 Illinois Ave. Ottawa, IL 61350. 

The pilot in charge (PIC), Mr. Brandon Alan Turner, possesses a certified private pilot’s 

license, #3581989. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 

112-95, I request certain exemptions in order to conduct commercial aerial photography 

(henceforth meaning still and/or video) using a small Unmanned Aircraft System - the 

Phantom 3 Professional, manufactured by DJI Global, Inc. The aircraft consists of four

DC motors with rotors and uses a LiPo 4S battery. It is managed by an on board flight 

control system that is remotely accessed by the Pilot in Charge using a portable control 

unit. 

The remote control unit is also made by DJI Global. It is a wireless communication 

device using 2.4 GHz-2.483 GHz frequency band. Real-time viewing of the on board 

camera is enabled through a Wi-Fi video link within the frequency band. The frequency 

is approved by the FCC for limited-range communication purposes. 

The Phantom 3 is a small UAV that weighs less than three pounds with battery and 

camera. The UAV is managed by a sophisticated GPS control system that assures a 

Return To Home (RTH) procedure in the event of Loss of Signal (LOS). That same 

system can set maximum height and distance so the UAV does not exceed preferred 

parameters. In addition, the control system has a No Fly Zone feature that will prevent 

takeoff from within Controlled/Restricted Airspace and warn the PIC of an impending 

intrusion when in flight. The manufacturer, DJI Global, Inc., regularly updates software 

and firmware. 

I, Shannon Cantu, have 13 years experience in Telecom/DC Power and three years 

experience with RC, including updating software, assembling and modifying the 

Phantom 3 UAV and flying visual line of sight (VLOS) along with first person view. 

I will ensure the UAV is used in daytime only to conduct aerial photography providing 

unique perspectives of local golf courses for marketing purposes by showing views of 

golf courses currently unattainable by still or aviation photography. 
The PIC will operate the quadcopter in a safe manner, using the following pre-flight 

checklist and operating procedures to determine that the aircraft is physically and 

electronically ready for safe flight and that permission from the property owner is 

received:

Pre-Flight Checklist:

• If required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the property for hazards - trees, utility poles, and other elements that might 

compromise the flight, then make a judgement as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might 

adversely affect flight safety and performance. 

• Examine the aircraft - looking at connections and searching for cracks and loose 

parts. 

• Determine that the electronic elements are performing correctly (receiving more than 

six GPS signals along with calibration of the magnetic compass).

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, the PIC will hover at an altitude of approximately 10 feet to assure 

that the Home Point is solid.

• The PIC will then exercise all controls to confirm their functionality - if one of the 

controls is not functioning, the flight will be terminated immediately. 

• The PIC will fly only with a Visual Observer (VO) at his side who will double check for 

possible flight hazards. The VO will provide a second pair of eyes to assist the PIC in 

keeping the Phantom 3 within Visual Line of Sight (VLOS). He will also assist in any 

emergency maneuvers due to unanticipated events that require a quick landing. Since 

purchasing the Phantom 3, all training and skill improvement flights have been with 

the same VO.

• The PIC will not fly over dense traffic or crowds.

• The PIC will give right-of-way to any manned aircraft.

• The PIC will stay clear of FAA controlled airspace at airports (generally a five nautical 

mile radius), as well as restricted and prohibited zones. 

• The PIC will fly no higher than 400 feet and no further than 1,000 feet from the Home 

Point, recognizing that the primary responsibility is to safely keep the aircraft safely 

within VLOS.

• The PIC will stay clear of clouds and fog (500 feet vertically and 2,000 feet 

horizontally). 

• The PIC will perform a post-flight check of the Phantom 3 to determine its physical 

and electronic condition. 
Operating Procedures:

• After receiving permission from the property owner or representative, I will notify 

abutting property owners of our intensions and anticipated time on site.

• The PIC will not fly over neighboring properties unless permission is granted.

• I will keep individuals not involved in the flight at a safe distance (500 feet if practical).

• I will post a sign stating: “Take Notice” “Aerial Photography Under Way - Stay Clear”.

Altitude, distance from the PIC, airspeed and battery state-of-charge are data constantly 

viewable in the control monitor, which is the UAV’s equivalent of an aircraft’s control 

panel. I maintain that the above checklist and procedures will minimize risks to property 

and persons on the ground as well as other aircraft in the National Air Space. 

Exemption Requests:

I respectfully request exemption from the following regulations with which I cannot fully 

comply.

14CFR

Part 21 Airworthiness Certification 

Subpart H "prescribes the procedural requirements for issuing and changing design 

approval, production approval, airworthiness certificates and airworthiness 

approval." (Summation from Exemption No. 11138, page 11) 

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. 

Therefore, the FAA finds that the requested relief from 14 CFR part 21, and any 

associated noise certification and testing requirements of part 36, is not 

necessary." (Summation from Exemption No. 11138, page 11) 

Part 61 (a)(b) Parts, General Operating and Flight Rules 

(a) Prescribes the requirements for issuing pilot licenses and the privileges and 

limitations associated with various ratings. 

(b) Aeronautical experience means pilot time, flight simulator or flight training device for 

meeting the appropriate training and flight time requirements for an airman certificate. 
Response: Organized or commercially available FAA-approved flight training has yet to 

be achieved by the UAV industry. While the PIC has regularly used a flight simulator on 

his computer, those skills are generally not transferable to small UAV operation. His

sources of training are: the flight instruction manuals from the UAV manufacturer; online 

videos from the manufacturer as well as videos from users; and most importantly, 

personal training in a secure location - an open area not subject to traffic and/or 

uninvolved individuals. 

Those training flights, which have averaged 12 minutes each, include setup, physical 

and electronic safety checks; lift off followed by hovering at approximately 10 feet to 

confirm that the GPS system is functioning properly and has registered its Home Point; 

a prescribed flight plan to familiarize and then master the fight controls and camera; 

returning to the launch point and landing. The PIC then conducts a post-flight inspection 

for any problems, log the location and flight time and then view the video. There are no 

FAA certified instructors or FAA certified study guides available at this time as the 

technology continues to develop. I respectfully request an exemption from this rule. 

§91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, 

takeoff and landing distance information. 

Response: Since the Phantom 3 takes off and lands vertically like a helicopter, a 

Phantom 3 pilot would not need to know this information since there are no runways 

involved and the return from flight is the takeoff point. The FAA has determined that 

"relief is not necessary." (Summation from Exemption No. 11138, page 20) 

§ 91.105

Summary: This section deals with flight crew members at stations. 

Response: Since there are no passengers, pilots or crew members, I respectfully 

request relief from this regulation. 

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and 

certain flight tests. 

Response: None of these functions are applicable to small UAV flight and, as stated 

earlier, there are no FAA certified instructors or FAA certified study guides available at 

this time for small UAV operation. I respectfully request an exemption from this rule. 
§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails 

anywhere, an aircraft should have an altitude sufficient so that an emergency landing 

can occur without hazard to persons or property (91.119 a). 

It also sets minimum altitudes over congested areas and uncongested areas as well as 

has a paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) 

from any person, vessel, vehicle, or structure (91.119 c). 

Response: None of the altitude requirements in this regulation should apply to a UAV 

since these aircraft are required to fly below those altitudes. Their weight, speed and 

GPS-controlled Return to Home feature mitigates incidents that could occur from loss of 

signal between the aircraft and PIC. A manned aircraft is much heavier and larger than 

the Phantom 3. If the Phantom 3 were to malfunction, it carries no humans, no 

explosive fuel and since it flies primarily over unrestricted clear golf courses, any 

damage would likely be minimal and confined to that area. As to keeping 500 feet from 

any person, vessel, vehicle or structure, the purpose of aerial photography over golf 

courses is to fly close to the subject with the permission of the owner/representative. I 

maintain that the PIC's nearly 92 hours flying experience with the Phantom 3 has 

provided sufficient skills to safely manage any approach under 500 feet. In addition, 

access to the property is strictly controlled (warning sign and the clearing of any person 

on the property not involved in the flight). I respectfully request an exemption from this 

rule. 

§ 91.121 

Summary: This section details altimeter settings required to maintain the "cruising 

altitude or flight level of that aircraft." It requires that the "elevation of the departure 

airport" be set in the altimeter or the "current reported altimeter setting of a station along 

the route and within 100 miles of the aircraft". 

Response: A small UAV cannot comply fully with this section's altitude requirements. 

The Phantom 3 is equipped with a barometric altimeter which automatically calculates 

the takeoff altitude (0 AGL) when the aircraft is warmed up - the launch point becomes 

the "elevation of the departure" point. 

The altitude of the UAV is visible in the control monitor (a smart phone or OSD) by the 

PIC before launch and is consistently updated as the flight progresses. I respectfully 

request an exemption from this rule. 
§ 91.151 

Summary: This section deals with fuel requirements for VFR flights stating, among 

other things, that "no person may begin a flight in an airplane under VFR condition 

unless...there is enough fuel to fly to the first point of the intended landing and, "...fly 

after that for at least 40 minutes (day) and 45 minutes (night)". 

Response: This regulation deals with 'reserve' fuel. This could include any condition 

that increases flight time or fuel consumption. Weather would be one factor including 

wind, turbulence and the necessity to divert around threatening thunderstorms. 

Compliance with this regulation is not possible because the 'fuel" onboard the Phantom 

3 is not aviation gas but a Lithium battery with a maximum flight duration of seven. Fuel 

management of a UAV requires constant monitoring of the battery's state-of-charge and 

bringing it home before it reaches the manufacturers recommended 30 percent level. 

In our training flights, we've found that a flight of seven minutes to be safe, returning the 

UAV to its Home Point around the 40 percent battery capacity level. I respectfully 

request an exemption from this rule.

§ 91.405 

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable 

instruments. 

Response: Maintenance on the Phantom 3 is quite straight forward. If, in landing, a 

rotor blade or two are damaged, they are quickly replaced. The traditional instrument 

cluster in an aircraft is replaced by a data stream from the Phantom 3, visible in the 

control monitor (smart phone or OSD). Replacement of minor parts are performed by 

the PIC and a major 'overhaul' that can't be easily resolved will go back to the 

manufacturer for repair. 

Currently, there are no required inspections by 'authorized' maintenance personnel and 

there would be no space/room on board to install a placard of inoperability. I respectfully 

request an exemption from this rule. 

§ 91.407 

Summary/Response: This section addresses requirements after maintenance has 

been performed. Again, approval of the maintenance before flight is essentially in the 

hands of the PIC. 
Whatever maintenance is performed will be entered in the aircraft log, unless a separate 

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying 

passengers or crew members, if the flight characteristics have been substantially 

affected, before a rated pilot performs an operational check of the maintenance. 

Again, this is a PIC's responsibility to preflight the Phantom 3 and determine its flyability. 

And, as mentioned earlier, there is no pilot, crew members or passengers on board the 

Phantom 3. I respectfully request an exemption from this rule. 

§ 91.409 

Inspections: This section deals with the necessity of annual and 100-hour inspections 

or "progressive inspections" and approval by authorized persons which will lead to the 

"issuance of an airworthiness certificate." 

Response: As stated earlier, there are no FAA-approved inspection protocols nor 

authorized inspection personnel. The PIC handles those issues each time the Phantom 

3 is prepared for flight. The pre-flight check list enumerated earlier will be followed to 

determine its mechanical and electronic integrity. I respectfully request an exemption 

from this rule. 

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement and condition of vital parts (rotors, engines & airframe). Certain records 

must be retained for one year while other record must be kept with the aircraft even 

when sold to another part. 

Response: The details of this section would be impractical with a Phantom 3, but repair 

issues can be entered into the aircraft log. I respectfully request an exemption from this 

rule. 

The above requests for exemptions follow the guidance published by the FAA.

Safety:

The Phantom 3 is a UAV with multiple safety features to assure a safe and efficient 

flight, minimizing personal injury and property damage and integrating with minimal risk 

into the NAS. They include:

• A GPS flight system that allows for stable remote control of the aircraft.
• The ability to hover in place by simply taking hands off the controls.

• A Return to Home function if electronic contact between the Remote Control and the 

aircraft is lost. If the aircraft begins to show unstable flight, the PIC will land it 

immediately.

• The ability to limit height (<400 feet) and distance (<1000 feet) from the PIC through 

the control software.

• Use of the ‘radar’ mode which instantly allows the PIC to pinpoint the UAV.

• The No Fly Zone control software will prevent takeoffs within a five-mile radius of a 

major airport as well as provide warning in the event that the aircraft inadvertently 

approaches the zone while in flight. This warning will provide sufficient time for the 

PIC to reverse course.

• Readout of the battery’s state of charge so that there is sufficient power to bring the 

UAV home.

• The weight, size, speed and limited flight which focuses on inanimate objects (homes) 

reduces the likelihood of significant personal or property damage Flight of the UAV 

risks no on board lives, as in helicopter or plane photography. The safety features 

associated with the (UAV) as well as my pre-flight checklist and procedures will assure 

that public safety is not adversely affected. 

Community Benefit:

The Public Will Benefit From Decreased Congestion Of The NAS

The Phantom 3 UAV is battery powered and serve as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By 

reducing the amount of manned aircraft needed to perform aerial acquisitions, an 

exemption allowing the use of Phantom 3 would reduce the amount of manned aircraft 

in the NAS, reduce noise and air pollution, as well as increase the safety of life and 

property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. 

The Phantom 3 UAV does not require an airport to takeoff or land. Likewise, a reduction 

of manned aircraft conducting aerial video and photography missions would result in 

fewer aircraft that must be handled by air traffic control during the ground, takeoff, 

departure, arrival, and landing phases of flight operations.
The Public Will Benefit From The Safety And Efficiency Of The Phantom 3.

Conducting aerial acquisitions with the Phantom 3 UAV, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, the Phantom 3 UAV produce no air pollution, and is 

the most viable environmentally conscious alternative to the cabin class, six cylinder 

internal combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded aviation 

fuel. The Phantom 3 UAV, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UAV are propelled by battery powered electric motors, 

rather than an internal combustion engine. 

By using the Phantom 3 UAV to perform aerial acquisitions, the substantial risk to life 

and property in the air and on the ground, which is usually associated with traditional 

manned aircraft flight operations, will be substantially reduced or completely eliminated. 

Aside from the lack of flight crew members located onboard the aircraft, the Phantom 3 

UAV has less physical potential for collateral damage to life and property on the ground, 

and in the air, compared to the manned aircraft that typically conduct similar operations.

Performing Aerial Video and Photography Operations with the Phantom 3 UAV Will 

Benefit the Economy

In addition to being safe and efficient, the Phantom 3 UAV are also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, 

operation of the Phantom 3 UAV will allow ProVisional Shot to remain competitive and 

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation 

fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out 

leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered 

Phantom 3 UAV is one such technology that not only allows companies greater 

operational flexibility compared to manned aircraft, but provides such flexibility without 

the high operational cost of a traditional manned aircraft.

By operating the Phantom 3 UAV, companies such as ProVisional Shot can remain 

competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. 
Improved financial performance of U.S. companies, through commercial use of the 

Phantom 3 UAV, provides a stable workforce that increases consumer spending; 

improves local, state, and federal tax revenues; and allows companies to invest in 

research and development in order to remain competitive both in the United States and 

abroad. 

I respectfully request exemptions from the above listed regulations in order to conduct 

aerial photography of local golf courses in order to assist owners and developers in their 

marketing efforts. 

Thank you in advance for your consideration,

Shannon Cantu

Founder, ProVisional Shot

815-252-0279

info@ProVisionalShot.com