January 28, 2016

U.S. Department of Transportation  

Docket Management System

1200 New Jersey Ave, SE

Washington DC 20590

RE: Exemption Request Section 333 of the FAA Modernization and Reform Act of 2012

1: Applicant

David Hebble Photography + Film

6868 Hyde Park Dr Unit C

San Diego CA 92119

619.203.6919

david@davidhebble.com

2: Exemptions Requested

This is David Hebble Photography + Film’s formal petition to the Federal Aviation

Administration (FAA) for an exemption from part 21, subpart H; and Sections 45.23(b), 61.113

(a) & (b), 91.7(a), 91.119 (c), 91.121, 91.151 (a), 91.203 (a) & (b), 91.405 (a), 91.407 (a) (1),

91.409 (a)(2), and 91.417 (a) & (b) of Title 14, Code of Federal Regulations (14 CFR).  

3: Extent of Relief & Reasons for Relief

The petitioner, David Hebble Photography + Film, wishes to be granted the exemption for

commercial operation of the designated Unmanned Aircraft System (UAS), DJI Phantom 3

Professional (detailed below), for the following professional services including, aerial

photography and video for the use of real estate professionals, construction projects, and

special events (see a.,b.,c. below), provided such operations are conducted within and under

the conditions outlined herein or as may be established by the FAA as required by Section 333.

The proposed UAS, DJI Phantom 3 Professional is a quad‐copter weighing approx. 3 lbs.,

equipped with 4 rotors driven by electric motor, and Intelligent Flight Battery. The DJI Phantom

3 Professional is also equipped with a 4K camera and 3‐axis gimbal.  To be used for professional

services including:

a. Aerial photography and/or video for real estate professionals including property

listing photos and video, business & construction planning/expansion, marketing &

advertising materials, & insurance documentation.
b. Aerial photography and/or video for commercial construction projects to include

progress reports, project completion/payroll documentation, engineer updates and final

project photography.

c. Aerial photography and/or video for special events (including weddings and corporate

events).

4: Reasons why Exemption would be in the Public Interest

The public would benefit from the issuance of this exemption both financially and through

enhanced public safety.    

Businesses & persons in the San Diego community that can utilize aerial view photography &

video to enhance their business, sell properties, manage & record construction projects, and

document important life moments benefit financially from economically priced access to this

product which in turn benefits the local economy and public.

In addition to the cost savings provided by the operation of the UAS for these applications, the

risk to public and private property is greatly reduced when compared to the alternative option

of a standard aircraft or rotorcraft to achieve the same results. There is no fuel carried by the

proposed UAS, no emissions, very little noise, and at only 3 lbs. there is much reduced risk of

physical hazard to persons or property.  

Additionally, the issuance of the exemption would benefit the public interest as an example of

the highest level of safety and professionalism for safe operations of such aircraft.  David

Hebble Photography + Film has provided professional photo and video services for over 35

years, with 19 years in the community of San Diego, California upholding no higher priority than

the safety of the public and property, and complete professionalism.

5: Reasons why the exemption would not adversely affect safety and how we would provide a

level of safety at least equal to that provided by the rule.  

The issuance of the exemption to David Hebble Photography + Film would not adversely affect

safety and will, in fact, provide a level of safety at least equal to that provided by the existing

rules through strict adherence to the following protocol.

Detailed prep, pre‐flight and post‐flight documented procedures to include at minimum

the following:

    Prep

a) Full visual inspection of the Phantom 3 aircraft body, props, prop guards,

landing gear, camera, gimbal, and batteries. No flight will take place unless
manufacturers minimum and PIC (Pilot in Charge) standards are met. Written

documentation of inspections, logs and repairs to be kept with the UAS onsite at

all times.

b) Software check for most updated firmware/safety features in regards to the

DJI Go App with test for proper function and connectivity.  

c) All PHANTOM 3 batteries fully charged and checked including self‐check

feature.  

d) Mobile devices (for DJI Go App) & remote controller fully charged.

e) Pre‐scout location for safety and adherence to FAA regulations regarding

flightpaths and controlled air space, inflight hazards (power lines, wildlife) and

safe operational area of 500 feet.  

f) Written consent from persons/business requesting the flight in addition to

written and/or verbal consent of neighboring homes/businesses as needed

depending on proximity.

g) Check weather and wind speeds.  No flight will take place in winds exceeding

10 mph.  

h) Obtain all necessary permissions prior to operation.  Permissions include but

are not limited to an Air Traffic Organization issued Certificate of Waiver or

Authorization (COA) prior to operation and a request for a Notice to Airman

(NOTAM) not more than 72 hours in advance but not less than 48 hours in

advance of operation.

Pre‐flight

a) Visual inspection of the area and flight path for safety. Ensure no persons or

property, not part of the proposed project, are within the 500 foot operational

area.

b) Double check air space and flightpath fall within approved FAA airspace.  

c) Second visual inspection of the Phantom 3 Professional aircraft body, props,

prop guards, landing gear, camera, gimbal, and batteries. Perform DJI standard

pre‐flight check list. No flight will take place unless manufacturers minimum and

PIC standards are met.

d) Calibrate Compass for precise location and according to DJI safety standards.  
e) All safety features offered through DJI are enabled for every flight, no

exceptions, including: Compass Calibration, GeoFence, Hover in Place, Low

Battery Auto Go Home, Dynamic Home Point, Current Return to Home, Low

Battery Alarm. Parameters will always be displayed to maintain safe distances

from persons, property and objects.

f) The Phantom 3 Professional will only fly when a minimum of 7 GPS satellites

are available.

g) Phantom 3 Professional height limitation will be set for a 300 foot maximum

height above ground level and will only be flown for a maximum of 15 minutes

on a single battery (no lower than 35% battery left upon landing).  Phantom 3

will always be landed well before the manufacturer recommended minimum

level batter power.

h) Phantom 3 will only be operated within visual line of sight and with a

dedicated spotter (more below).

Post Flight

a) Safely land and power off Phantom 3.  

b) Perform full visual inspection of the Phantom 3 aircraft body, props, prop

guards, landing gear, camera, gimbal, and batteries. Particularly checking for dirt,

damage, debris and wear and tear. Document condition and necessary repairs.

c) Remove the battery and check for any damage or swelling.  

d) Note post inspection and flight debrief (with PIC and Spotter) in log along with

full flight report to be stored with the DJI.

PIC (Pilot in Charge) to uphold all FAA required standards and be proficient & educated

in the following areas:

a) Completion of the Phantom 3 Professional’s maneuvers and skills training

guide.

b) Procedures and failsafe's detailed the operator’s manual in the event of loss of

controller link.  

c) Communication with spotter & identification of hazards including wires,

wildlife, weather and unexpected persons/objects.  
d) Ability to quickly and safely land the Phantom 3 Professional in the event of

any safety hazard or unintended person or object in the 500 operation area.

e) In addition to the PIC a minimum of one educated and proficient Spotter will

ALWAYS be used for any flight.  Spotters will be trained to communicate

effectively with the PIC regarding potential hazards, distances from objects, flight

path/orientation to Home Point, and any unusual flight patterns.  

David Hebble Photography + Film will maintain copies of the original images/video

footage, post flight logs and client consent for a period of at least 2 years.  

6: Summary to be published in the Federal Register  

Exemption request: 14 CFR Part 21, Subpart H (Airworthiness Certificate) and § 91.7(a) §91.203

(a) and (b) certifications.  David Hebble Photography + Film requests exemption based on the

size, weight, and proposed operational area of the UAS meeting the requirements for an

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

Exemption request: §45.23 Making of the Aircraft, requiring aircraft to be marked according to

certain specifications. The exemption is requested because the proposed UAS does not have a

cabin, cockpit, or pilot station on which to mark the required sized lettering. David Hebble

Photography + Film will mark the proposed UAS with a legible sticker on the unit containing

company contact information in the case of aircraft loss.

Exemption request: §§ 91.405(a), 91.407 (a)(1), 91.409 (a)(2), 91.417 (a)&(b), Maintenance

Inspections. David Hebble Photography + Film requests exemption as these regulations only

apply to aircraft with an airworthiness certificate. David Hebble Photography + Film will uphold

strict maintenance inspections and documentation in excess of manufacturer

recommendations and as detailed in petition above meeting an equivalent level of safety

pursuant to the rule.

Exemption request: §61.113 (a) & (b) private pilots are limited to non‐commercial operations.  

David Hebble Photography + Film requests exemption as precedented by Exemption No. 11062

to Astraeus Aerial that a private pilot employed by David Hebble Photography + Film is allowed

to be the PIC for the proposed UAS.   

Exemption request: §91.119, Minimum Safe Altitudes, prescribes save altitudes for the

operation of civil aircraft. David Hebble Photography + Film requests exemption because the

proposed UAS Phantom 3 Professional will operate at an altitude below the standard of 300

feet AGL.  DHPF will operate pursuant to the following restrictions included in §91.119:
Operate in reasonably safe environments that are closely monitored by spotters with

signage placed in locations that would be considered reasonable locations for persons,

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).

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.

Obtain all necessary permissions prior to operation.  Permissions include but are not

limited to an Air Traffic Organization issued Certificate of Waiver or Authorization (COA)

prior to operation and a request for a Notice to Airman (NOTAM) not more than 72

hours in advance but not less than 48 hours in advance of operation, 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.   

Exemption request: 14 CFR 91.121 regarding altimeter settings reported to the ATC to be in feet

AGL. David Hebble Photography + Film proposed UAS P3P utilizes global positioning systems

and a barometric sensor.  David Hebble Photography + Film will set the altimeter to zero feet

AGL rather than local barometric pressure or field altitude before flight.  

Exemption request: §91.151 (a) Fuel Requirements for flight in VFR (Visual Flight Rule)

conditions. David Hebble Photography + Film requests exemption based on the following.  The

battery operated Phantom 3 Professional uses no fuel. To adhere to strict safety requirements

David Hebble Photography + Film will always land with a minimum of 35% battery remaining

(approx. 15 minutes of flight time on a full battery).  The audible and on‐screen battery warning

system will always be in place. The Phantom 3 Professional utilizes 3 Return to Home (RTH)

modes: Smart RTH, Low Battery RTH, and Fail Safe RTH (details in attached manual). In all cases

the PIC and Spotter would be involved to ensure a safe landing. If the battery level was too low

to return to home the PIC and Spotter would facilitate an emergency landing as soon as safe

and possible. David Hebble Photography + Film will adhere to all VFR minimums as well as VMC

conditions when planning and executing flights. Wind and weather forecasts will always be a

determining factor in viable flights. No flight will take place in conditions outside the Phantom 3

Professional capabilities in wind.  

David Hebble Photography + Film respectfully requests that the FAA grant our exemption

request and are willing to cooperate in sharing information to  benefit the FAA, safety of
unmanned aircraft, and the general public. If there are any areas that have not been addressed

please contact me for supplemental information.  

Sincerely,

David Hebble

David Hebble Photography + Film

6856 Hyde Park Dr Unit C  

San Diego CA 92119

619.203.6919

david@davidhebble.com