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Federal Aviation Administration Exemption

Petition for Exemption under Section 333

FAA Modernization and Reform Act of 2012

Public 112-95 Feb. 14, 2012, Section 333

Submitted by: AtmosFilms

Nic Doucette

Date: 2/29/2016

Dear Sir or Madam:

Attached please find AtmosFilm’s request for an exemption from the listed

Federal Aviation Regulations to allow commercial operation of its Small 

Unmanned Aircraft Systems ("UAS") for aerial imaging for safety, monitoring, 

inspecting and/or recording of secured and controlled environment construction 

sites, proposed development sites, events, inspections of property and 

photography for realty advertisements and marketing productions. This 

exemption request is exclusively for the use of the UAS manufactured by DJI, 

DJI Phantom 3 Professional and DJI Inspire 1.

Also please find the links to the manuals to the DJI Phantom 3 Professional and 

Inspire 1, which outline the operating requirements, limitations, and technical 

specifications for the DJI systems. We have reviewed these manuals and in 

conjunction with the requirements outlined in this document we have found it to 

be acceptable for UAS operations on our project sites.

Phantom 3: http://www.dji.com/product/phantom-3-pro/info#downloads

Inspire 1: http://www.dji.com/product/inspire-1/info#downloads

Thank you for your time and consideration, and please let me know if you have 

any questions.

Sincerely,

Nic Doucette

AtmosFilms

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Table of Contents

Contact Information.......................................................................................3

Intended UAS Use .........................................................................................4

Specific Section of 14 CFR .........................................................................5-12

Intended Equipment for Exemption ...............................................................13

Aircraft Specifications ..............................................................................14-15

Aircraft Maintenance ....................................................................................16

Safety Concerns ..........................................................................................17

Potential Hazards ........................................................................................18

Insurance Policy ..........................................................................................19

Privacy Concerns ....................................................................................20-21

Operational Conditions .................................................................................22

Pilot Qualifications .......................................................................................23

Pre-Flight Checklist ......................................................................................24

Active Flight Operations ...............................................................................25

Exhibit A .....................................................................................................26

Exhibit B .....................................................................................................27

Exhibit C......................................................................................................28

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Contact Information

Exemption Applicant

AtmosFilms

Nic Doucette

Phone 920-220-9383

nic@atmosfilms.com,

W2880 Bakertown Road 

Helenville, WI 53036

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Intended UAS Use

To record video and capture pictures of client's homes/properties/businesses for

use as marketing materials, property development, property investigation and 

documentation by the use of light weight UASs in the following areas of 

commerce:

 Realty - Selling properties, enhancing advertising campaigns, and 

increasing production of marketing materials. Evaluating property value by 

documenting assets and deficits especially in hard to access areas as an 

alternate to conventional large, heavy, combustible fuel bearing and 

manned vehicles are currently used.

 Site development - Creating high resolution scalable overhead 

photography of a property would be valuable to engineers, architects, 

designers and landscape architects in evaluating the best use for 

developing a property and the potential effects that such development 

might have. Development of existing properties for remodeling or 

renovation especially commercial building where equipment is located on 

the roof would also benefit from HD photos that document the equipment 

and its location. Currently Google Maps are useful for such endeavors but 

only with a very low resolution overhead photo of such properties.

 Developers and Construction Companies - To record and document the 

overall progress of large developments and to observe and document job 

site safety.

 Property inspections - Especially roofing inspections, especially tile roofs, 

are susceptible to added damage from an investigator walking on the roof 

to complete his initial inspection. A UAS could do the work and record the 

inspection findings without the probability of additional roof damage or 

personnel injury from falls. This service would be valuable to companies 

like: Roofing contractors, Insurance adjusters, property owners, renters, 

etc.

 Landscape maintenance - To record landscape health and irrigation 

proficiency on large properties such as farms, condominiums, apartment 

complexes, malls, golf courses or even public parks and recreation areas.

 Photography and Videography – To film unique angles for events, 

weddings, nature shots, landscapes, golf courses and organizational 

marketing needs. 

 There are many other areas that a UAS would be a safer, accurate and 

less expensive alternative to current commercial services but AtmosFilms

would be specifically interested in the areas mentioned above.

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Specific Section of 14 CFR

Seeking specific exemption from:

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 

91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) 

& (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

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

Reform Act) and 14 C.F.R. Part 11, AtmosFilms, a film and photography firm, 

hereby applies for an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems 

("UAS") for aerial imaging for safety and monitoring of secured and controlled 

environment sites, so long as such operations are conducted within and under 

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

by Section 333.

As detailed in this document and the link to Flight Manual, the requested 

exemption would permit the operation of UAS under controlled conditions in 

airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) 

would provide safety enhancements to the already best practices safety 

protocols followed by AtmosFilms at each one of its project sites. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator'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.

The name and address of the applicant is:

AtmosFilms

Nic Doucette

PH: 920-220-9383

Email: nic@atmos-films.com

Address: W2880 Bakertown Rd, Helenville WI 53137 
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Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113 (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

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)

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I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

including UAS, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S .C. §44701 (f) See also 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the public, 

or a threat to national security. In making this determination, the Secretary must consider:

• The UAS's size, weight, speed, and operational capability;

• Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas and away from close proximity to 

airports

Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system." Id. §333(c).

AtmosFilms' UASs are multirotor vehicles, weighing 10 or fewer lbs. including payload. They 

operate under normal conditions at a speed of no more than 50 knots and have the capability 

to hover, and move in the vertical and horizontal plane simultaneously. The UAS will operate 

only in the pilot's visual line of sight at all times and will operate only within the 

recommendations described in the DJI Flight Manual. Such operations will insure that the UAS 

will "not create a hazard to users of the national airspace system or the public." Reform Act 

Section 333 (b).

Given the small size of the UAS involved and the restricted and sterile environment within which 

they will operate, our application falls squarely within the zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UAS to commence immediately.
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Also due to the small size of the UASs and the low altitudes and restricted areas in which our 

UAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, the grant of 

the requested exemptions is in the public interest. Accordingly, AtmosFilms respectfully requests 

that the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. By granting an 

exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safety 

precautions in low risk environments.

The use of UAS can significantly reduce the risk to workers of falls while inspecting, surveying, 

or monitoring site progress. UAS can inspect, photograph, and collect data on hard to get to 

areas that otherwise would require worker inspection. Falls are the leading source of workplace 

fatality and injury on construction sites', and reducing falls through UAS use for site imaging 

could save workers lives.

Additionally, UAS could replace the use of helicopters and small aircraft to monitor sites. The 

UAS we propose to fly in this application are under five pounds, and carry no combustible 

material on board, as opposed to the much larger conventionally powered small aircraft. 

Shifting to UAS from helicopters presents a marked safety increase for our workers and the 

public.8

Lastly, UAS reduce the environmental impact by dramatically decreasing the energy used for 

aerial imaging and data collection. Our UAS use rechargeable lithium ion batteries, as opposed 

to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

AtmosFilms proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for 

at least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety

1 "Commonly Used Statistics", Occupational Safety & Health Administration.

Available at: https://www.osha.gov/oshstats/commonstats.html

enhancement to the already safe protocols followed on construction sites and imaging and 

surveying operations conducted with helicopters and other conventional aircraft.

AtmosFilms will be bound by the following limitations when conducting its UAS operations under 

an FAA issued exemption:

1. The UAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates 

battery reserve in real time, and will return to its ground station with at least 20% battery 

power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL.
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5. Crew for each operation will consist of the UAS pilot who will keep the UAS within his visual 

line of sight at all times and a spotter.

6. The UAS pilot will be trained in flight, operations, and safety procedures as detailed in this 

document and as detailed in the DJI Manual.

7. The UAS will only operate within a confined area as defined in this document. This document 

and the DJI Manual also require the establishment of a Security Perimeter for the flight 

operations area.

8. A briefing will be conducted in regard to the planned UAS operations prior to each day's 

production activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing.

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will 

obtain additional verbal or written consent of all persons who will be allowed within 100 feet of 

the flight operation.

10. The pilot will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated as required by this document.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

13. If the UAS loses communications or loses its GPS signal, it will have capability to return to a 

predetermined location within the Security Perimeter and land.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by AtmosFilms, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. Our small UAS will be 

operated at low speed in a controlled environment, at least five miles from an airport and more 

than three miles from any city or densely populated area.

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An analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an 

airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area as set out in this document and the DJI manual. Like other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the operator, 

pursuant to this document and the DJI Manual's requirements, and under the requirements and 

in compliance with local public safety requirements, to provide security for the area of 

operation.

These safety enhancements, which already apply to civil aircraft operated in connection with 

construction sites, provide a greater degree of safety to the public and property owners than 
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conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible 

threat to national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and ability to carry an external 

load no greater than two lbs.

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light-sport 

category aircraft to be marked with letters between 2 inches and 6 inches high "limited," 

"restricted," "light-sport," "experimental," or "provisional," near each entrance to a cabin, 

cockpit, or pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the UAS, two-inch lettering will be impossible. 

The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the

UAS will see the identification of the UAS as "Experimental." The FAA has issued the following 

exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the pilot operating the aircraft to have completed a 

UAS flight training course of 10 hours before flying a UAS. Unlike a conventional aircraft that 

carries the pilot and passengers, the UAS is remotely controlled with no living thing or cargo on 

board. The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance as set forth in this document. The risks associated with the operation of 

the UAS are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with a 

pilot who has met the minimum requirements of this document exceeds the present level of 

safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the DJI Manual for maintenance 

and use of safety checklists prior to each flight, as set forth in this document, an equivalent 

level of safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

The UAS, given its size and configuration has no ability or place to carry such a flight manual on 

the aircraft, not only because there is no pilot on board, but because there is no room or

capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the UAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the 

safety of flight. An exemption is needed from this requirement as the pilot will take separate 
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preflight actions, including checking for weather conditions, checking flight battery 

requirements, checking takeoff and landing distances, and all other actions in the Preflight 

Checklist in this document and the DJI Manual. These actions will provide an equivalent level of 

safety.

14 C.F.R. 91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. 

By design, UAS and remotely piloted aircraft do not have fully functional dual controls. Flight 

control is accomplished through the use of a control box that communicates with the aircraft via 

radio communications. The FAA has previously approved exemptions for aircraft without fully 

functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability 

to control the UAS via radio signals from the controller, and by the size and speed of the 

aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This 

exemption is for a multirotor craft that flies similarly to a helicopter, with vertical take off and 

vertical landing, which will typically operate at altitudes of 200 AGL, so an exemption may be 

needed to allow such operations. The UAS will never operate at altitude higher than 400 AGL 

and will be in a restricted area with security perimeter, where buildings and people will not be 

exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner and any 

onsite personnel as outlined in the Manual, all affected individuals will be aware of the planned 

flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more 

than the maximum 10 lbs. proposed herein and carrying flammable fuel, any risk associated 

with our operations is far less than those presently presented with helicopters and other 

conventional aircraft operating at or below 500 AGL in any of the intended industries. In 

addition, the low-altitude operations of the UAS will ensure separation between these smallUAS operations and the operations of conventional aircraft that must comply with Section 

91.119.

14 C.F.R. 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure." As the UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety 

Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS 

is limited to operations in sterile and controlled environments as outlined in the Manual, and has 

a limited range and flight time which require an exemption from 14 CFR 91.151(a).
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The battery powering the UAS provides approximately 25 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to 0 

minutes in length. Given the limitations on the UAS's proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or 

night VFR conditions is reasonable. AtmosFilms believes that an exemption from 14 CFR 

§91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed 

Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small 

UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given 

the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would 

greatly reduce the utility for which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to 25 minutes, or enough 

battery reserve to ensure that the UAS lands at the ground station with at least 20% of battery 

power (as determined by the onboard monitoring system and the pilot), whichever happens 

first. This restriction would be more than adequate to return the UAS to its planned landing 

zone from anywhere in its limited operating area. Similar exemptions have been granted to 

other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration 

The regulation provides in part: (a) Except as provided in § 91.715, no person may operate a 

civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate....

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 10 lbs. and is operated without an onboard pilot. 

Therefore there is no ability or place to carry certification and registration documents or to 

display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground flight 

control point where the pilot flying the UAS will have immediate access to them to the extent 

they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700.

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to AtmosFilms. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook as referenced in this Document and the 

DJI Manual. An equivalent level of safety will be achieved because these small UASs are very 

limited in size and will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. As provided in the DJI Manual, and this document, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 
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person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety.

 *******

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 

45.23(b);14 C.F.R. § § 61.113( a) & (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); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a 

small unmanned vehicle (551bs or less).

Approval of exemptions allowing commercial operations of UASs in the intended industries listed 

above, enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a 

greater risk because the craft are much larger, have combustible fuel, and carry an onboard 

human pilot. In contrast, a UAS weighing fewer than 10 lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. The UAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 10 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a controlled environment and, as a result, are far safer than conventional 

operations conducted with turbine helicopters operating in close proximity to the ground and 

people.

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Intended Equipment for Exemption

DJI Phantom 3 Professional

DJI Inspire 1
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Aircraft Specifications

Aircraft: DJI Phantom 3 Professional

Manufactures Website: http://www.dji.com/

For in-depth info see http://www.dji.com/product/phantom-3-

pro/info#specs
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Aircraft: DJI Inspire 1

Manufactures Website: http://www.dji.com/

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Maintenance

To ensure safe operational control a maintenance schedule will be followed, a 

personal tailored maintenance manual has been created, and quality 

replacement part will be used.

Inspection: Before and after every flight, the quadcopter's operational

condition will be inspected for damage and deterioration, paying attention 

to the props for damage, cracks or ware and the UASs fuselage for 

damage. If damage, cracks or unusual ware is detected the flight will be 

suspended until proper repairs have been made.

Replacement Parts

o DJI (manufacturer)

o Reputable After Market Companies

There is no intention in modifying aircraft beyond factory specifications.

・・The UAS will be in compliance with the FAA airworthiness regulations.

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Safety Concerns

Prop guards: Prop guards such as the DJI manufactures guards listed here 

http://store.dji.com/product/phantom-3-propeller-guard will always be in use 

during commercial flights.

Hazards Spotter: To ensure safety, either the listing agent, seller, contractor, 

owner or another party, will be on site to review and observe hazards before and 

during the flight.

Population of Intended Areas: To ensure safety, all non-essential personnel 

will be removed from the area. There will be no flight over heavily populated 

areas like stadiums, schools, malls, casinos, and the like during operating hours.

Airports: According FAA rules and to ensure pilot(s) safety, there will no flight in 

or around airports unless explicit permission is granted according to current FAA 

regulations.

Weather: To ensure safety of spotter, agents, property owners, pet and wildlife 

flights will be conducted in optimal weather conditions. Flights will not be 

conducted in winds above 15 mph.

Return-to-Home Feature: In the event that the DJI Phantom 3 Pro or Inspire 

1 loses signal or runs critically low on battery, the UAS has a GPS controlled 

return to home feature. The "home" is set upon flight startup.

- Auto Return-to-Home & Landing

-See Pre-Flight Checklist Exhibit A

Flying in Confined Areas: There is a high probability of flying in confined 

spaces, around residential properties. Pilot and spotter will be in constant 

communication by two way radio, or cell phone, or other approved FAA 

communications device when geographically separated during flight to ensure 

awareness of obstacles, hazards and UAS location.

Line of Site: The UAS will always be within the line of site of the pilot and 

spotter. If the UAS cannot be seen the return home failsafe will be used to 

regain visual control.

Height: Fights will not exceed 400 ft. AGL above subject properties at any time.

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Potential Hazards

The following are potential hazards that may, or may not be, present during 

flight operations. The Pilot and Spotter will be aware of:

 Other UASs

 Houses, Commercial Buildings, Shops, and Out Buildings

 Power Lines, Low Voltage Lines, High Voltage Lines, Cable Lines

 Trees, Shrubs, and Hedges

 Automobiles and RVs

 Wildlife, both Land and Air

 Rivers, Lakes, Ponds, Sounds, Straits, and Other Bodies of Water

 Unaccounted for People

 Unaccounted for Pets

 Conditions as set forth in the DJI Manual

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Insurance Coverage

- Commercial UAS insurance coverage will be purchased upon approval 

of this document

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Privacy Concerns

During flight operations privacy concerns are of high priority.

With each commercial flight a signed agreement, will be in place. 

Seller/property owner, contractor, engineer or authorized agent will sign a letter 

authorizing the AtmosFilms UAS's use for marketing purposes. -

Exhibit B

Neighboring parcels or properties: During each flight operation, the UAS pilot will 

be extremely mindful of neighboring parcels to not film, record, or take pictures 

of people and property without their written & signed consent.

All neighboring properties will be cropped from photos unless authorization to 

use such photos is granted in writing.

Suburban Homes & Properties

Homes that are within residential neighborhoods, it is easy for the camera's field 

of view to record and take pictures of homes and properties that are not 

intended to be advertised for sale. As the UAS increases altitude, so does the risk 

of inadvertently filming a home or property that hasn't given written permission 

to do so. Where privacy is a concern images will be cropped to omit neighboring 

properties.

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Properties with Acreage

Homes and properties with acreage have a higher degree of uncertainty when 

trying to determine lot lines, boundaries, and proximity to neighboring properties 

than a suburban home. Also, people looking to purchase a home with acreage, 

or a larger lot, have a higher degree of interest on knowing were the 

approximate lot lines are and an aerial perspective affords them such 

information. The use of an UAS would be the most effeminate means to provide 

such information.

Homes with View & Waterfront

People looking to purchase and/or sell a home, or a property, with a view, or on 

waterfront, want to see the home or property from an aerial perspective and to 

be showcased in this format. This is part of property owner profile. In addition, 

even though neighboring parcels might be shown in the picture and video, the 

neighboring properties will only be included if is necessary to the subject 

property's marketing materials.
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* All flights will occur over private or controlled access property with the property 

owner's prior consent and knowledge. Images taken will be of individuals who 

have also consented to being filmed or otherwise have agreed to be in the area 

where aerial photography will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of

2012--size, weight, speed, operating capabilities, proximity to airports and 

populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's UAS in the intended 

industries listed above pursuant to the DJI Manual and this document appended 

hereto.*

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Operational Conditions

To capture high resolution images and video operational conditions will be 

closely monitored because showcasing a property in the best light is and image 

quality is the utmost client priority.

Day Time

o Sunny Weather is Highly Preferred

o Little to No Cloud Cover

o Zero to Low Wind Speeds

o High Visibility Conditions

*No night-time operations are permitted.

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Pilot Qualifications

Training Sessions for a AtmosFilms certified pilot(s).

Current Pilot: Nic Doucette

Pilot's Flight Log; Exhibit C

 The Pilot in command will be familiar with current FAA regulations 

regarding UAS commercial usage.

 The Pilot in command will have at least 50 logged flights 

 The Pilot in command will have sufficient eye sight (with or without 

corrective lenses and without the aid of binoculars) to see and operate the 

UAS at the distances necessary for the purpose of the flight.

 Pilot will be in good health.

 New Pilots in training will shadow and act as the Pilot in Command

Spotter for 3 Months or for a minimum of 20 hours Prior to First Flight

Operations

 New Pilots will demonstrate a workable knowledge of the UAS and

proficiency in operational control at all times.

 Pilots in training will Watch Online Training Videos.

 Pilots will watch Online Training Videos for Specific Type of Filming Needs

 Pilots will attend Upcoming, and Local, UAS Courses (This is Part of

Pilot's Continuing Education)

 Pilots will attend Local Courses Hosted by DJI (This is Part of Pilot's

Continuing Education)

 Every Pilot Will Follow the Flight Plans and Schedules Set Forth in this 

Document and current FAA regulations.

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Pre-Flight Checklist

Prior to every flight, the pilot will go through a pre-flight checklist. The checklist 

will then be filed with every property's file in the event of an audit. 

Preflight Checklist: SEE Exhibit A
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Active Flight Operations

Exercise continuous control of UAS, monitor potential hazards, be aware of 

changing environments that may present hazards. UAS will always be in view of 

Pilot and spotter. There will be a strict flight ceiling of 400 ft. AGL. All flight will 

be done in accordance with current FAA rules and the conditions set forth in this 

document.

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Exhibit A

Pre-Flight Checklist

Flight Operation Location: ________________________

Pilot: _________________________

Date: _________________________

 Conduct Walk Around of Flight Area

 Identify Potential Hazards with Spotter

 Locate Safe Launch & Landing Area

 Set Spotter (Spotter May Change Location due to Filming Angle) Secure all 

Pets

 Request all Non-Essential Personnel to Remain Behind Pilot

 Unpack All Equipment from Transportation Case

 Inspect UAS for damage, ware and proper flight setup according to the DJI 

manual. If no damage or unusual ware is detected proceed to the next 

step. If damage is detected the flight will be aborted until proper repairs 

are completed.

 If the UAS is deemed flight worthy - Power Up Remote

 Power Up UAS

 Calibrate UAS and ensure strong connection between remote and satellites 

 Launch UAS

 Conduct Flight Operations

 Land UAS in Designated Landing Area

 Power Down UAS

 Power Down Remote

 Inspect UAS for damage and ware

 Put All Equipment Back into Transportation Case

Pilot Signature___________________________________________

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Exhibit B

RE: Authorization to Record Video & Photograph Property

I, ______________ , legal seller and/or representative, authorize and give 

permission to AtmosFilms to record video and photograph the property 

commonly known as:

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

The recorded video and photography is to be used in a manner consistent with 

the client’s interests, current real estate marketing strategies and advertising 

techniques, property development, investigation and observation.

Sincerely,

Signature______________________ Date____________

Signature ______________________ Date____________

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Exhibit C

UAS Flight log

Pilot: Nic Doucette

Date Length of Flight Location Project

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal