Request	for	Section	333	Exemption	Videography	and	Photography

09/01/15

by/for

Matthew	Dutcher

This	document	constitutes	an	exemption	Request	under	Section	333	of	the	FAA	

Modernization	and	Reform	Act	of	2012	for	Aviation	Unmanned	to	perform	Aerial	

Photography	&	Videography	by/for	Matthew	Dutcher.

The	main	use	of	this	UAS	would	be	taking	real	estate	and	golf	course	photos	and	

videos.	The	UAS	system	that	I	plan	to	use	is	a	DJI	PHANTOM	3	PROFESSIONAL.

1.	The	safe	operation	to	the	UAS	and/or	persons	and/or	property	will	be	kept	to	a	

minimum	by	always	flying	the	UAS	within	visual	eye	contact,	less	than	400	ft	above	

ground	and	never	directly	above	persons	or	public	places.	The	orientation	of	flights	

will	be	such	that	the	pilot	in	command	(PIC)	always	has	a	visual	on	the	rear	

mounted	LED	flight	Indicator.	Additional	safety	features	on	the	DJI	PHANTOM	3	

PROFESSIONAL	include	return	to	home,	low	voltage,	enhanced	fail-safe.	All	

operations	will	include	a	visual	observer	(VO)	aiding	the	PIC.

2.	Preflight	inspection	would	consist	of	checking	battery	condition/level	in	both	the	

transmitter	and	UAS.	The	binding/link	feature	will	not	let	the	UAS	start	if	

communication	is	not	established.	A	check	for	power-lines,	antennas	and	other	

overhead	objects	would	be	performed.	Wind	conditions	would	be	monitored	and	be	

a	factor	for	flying.

3.	The	radio	frequency	of	the	DJI	PHANTOM	PROFESSIONAL	3	is	in	2.400GHz2.483GHz	range.	Maximum	take-off	weight	less	than	1280g.	Max	Ascent	speed	5	

m/s,	max	descent	speed	3	m/s.	Maximum	flight	speed	16	m/s	(ATTI	mode,	no	

wind).

4.	The	PIC	will	be	only	myself	and	I	have	a	minimum	of	50	plus	flights	with	the	DJI	

PHANTOM	3	PROFESSIONAL	in	a	hobbyist	manner.	I	am	currently	in	the	process	of	

obtaining	a	Sport	Pilot	Certificate	(SPC)	and	will	only	fly	the	drone	commercially	

when	the	SPC	is	obtained.	Until	the	SPC	is	obtained	commercial	flight	of	the	DJI	

PHANTOM	3	PROFESSIONAL	will	be	flown	by	a	licensed	pilot.	Testing,	updating,	and	

programming	the	DJI	PHANTOM	3	PROFESSIONAL	firmware	would	be	done	on	a	

monthly	schedule.

5.	I	am	in	good	medical	health	and	sound	mental	health.

6.	The	intended	use	of this	DJI	PHANTOM	3	PROFESSIONAL	is	to	provide	aerial	

images	and	video	to	real	estate	companies	and	golf	courses	- an	option	that	had	not	

been	viable	for	these	businesses	until	the	recent	boom	in	drone	popularity.
7.	All	photo	flights	for	hire	would	have	the	date,	time,	GPS	coordinates	along	with	

the	camera	metadata	recorded	on	a	hard	drive.	This	data	would	be	kept	readily	

available	for	a	period	of	1	year	after	each	aerial	flight	for	hire.

8.	In	use	flight	time	for	UAS	operation	during	real	estate	projects	would	be	no	more	

than	60	minutes.	Each	battery	lasts	approximately	15	minutes	of	uninterrupted	

flight	and	I	own	four	batteries.

9.	Proximity	of	local	airports:	there	are	two	airports	in	my	area	of	operation.	Los	

Angeles	International	Airport	[LAX]	and	Bob	Hope	Airport.	The	UAS	will	not	be	

operated	within	5	miles	of	either	airport.	Note:	The	latest	firmware	for	the	DJI	

PHANTOM	3	PRO.	Will	not	allow	the	drone	to	operate	within	a	no	fly	zone	(airports,	

etc)	in	compliance	to	FAA	rules	and	regulations.

Request	for	an	exemption/relief	from	Title	14,	Code	of	Federal	Regulations	

Part	21

Along	with	Sections:

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	.	91.119	(a)	(b)	&	(c)

14	C.F.R.	91.121

14	C.F.R.	91.405	(a)

14	C.F.R.	91.407	(a)	(1)

14	C.F.R.	91.409	(a)	(2)

14	C.F.R.	91.417	(a)	&	(b)

The	petitioner	requests	relief	from	the	following	regulations:

Part	21	prescribes,	in	pertinent	part,	the	procedural	requirements	for	issuing	and	

changing	design	approvals,	production	approvals,	airworthiness	certificates,	and	

airworthiness	approvals.

Section	45.23 (b)	prescribes,	in	pertinent	part,	that	when	marks	include	only	the	

Roman	capital	letter	“N”	and	the	registration	number	is	displayed	on	limited,	

restricted	or	light-sport	category	aircraft	or	experimental	or	provisionally	

certificated	aircraft,	the	operator	must	also	display	on	that	aircraft	near	each	

entrance	to	the	cabin,	cockpit,	or	pilot	station,	in	letters	not	less	than	2	inches	nor	

more	than	6	inches	high,	the	words	“limited,”	“restricted,”	“light-sport,”	

“experimental,”	or	“provisional,”	as	applicable.

Reason	for	relief: The	body	of	the	DJI	Phantom	is	too	small	to	support	this	size	of	

markings.

Action: The	UAS	will	be	marked	with	the	business	name,	contact	information	and	

word	“Provisional”	made	as	large	as	possible.	In	addition	the	serial	number	is	listed	

with	the	manufacture	and	searchable	on	the	internet.

Section	61.113 (a)	&	(b)	prescribes	that—
(a)	no	person	who	holds	a	private	pilot	certificate	may	act	as	a	pilot	in	command	of	

an	aircraft	that	is	carrying	passengers	or	property	for	compensation	or	hire;	nor	

may	that	person,	for	compensation	or	hire,	act	as	pilot	in	command	of	an	aircraft.

(b)	a	private	pilot	may,	for	compensation	or	hire,	act	as	pilot	in	command	of	an	

aircraft	in	connection	with	any	business	or	employment	if:

Reason	for	relief: (A)	&	(B)	The	flights	are	only	incidental	to	the	business	of	

photography.	This	UAS	is	too	small	to	carry	a	pilot	or	passenger	and	will	not	carry	or	

deliver	any	personal	property	for	hire.	In	addition	obtaining	a	private	pilot	

certificate	would	be	an	unnecessary	requirement	and/or	hardship	for	the	purpose	

of	unmanned	aerial	photography.

Action: The	only	payload	for	this	exemption	is	a	fixed	camera.	No	other	

payload/payloads	will	be	allowed.

Section	91.7(a)	prescribes,	in	pertinent	part,	that	no	person	may	operate	a	civil	

aircraft	unless	it	is	in	an	airworthy	condition.

Reason	for	Relief: Airworthy	condition	is	not	defined	in	the	Phantom	3	

Professional	manual.

Action: An	airworthy	preflight	inspection	would	be	checking	battery	

condition/level	in	both	the	transmitter	and	UAS.	The	binding/link	feature	will	not	

let	the	Phantom	Professional	3	start	up	if	communication	is	not	established.	Check	

for	power-lines, antennas,	and	other	overhead	objects	would	be	performed.	Wind	

conditions	would	be	monitored	and	be	a	factor	for	flying.

Section	91.9(b)(2)	prohibits	operation	of	U.S.-registered	civil	aircraft	unless	there	

is	available	in	the	aircraft	a	current	approved	Airplane	or	Rotorcraft	Flight	Manual,	

approved	manual	material,	markings,	and	placards,	or	any	combination	thereof.

Reason	for	relief: The	manufacture	does	not	have	an	approved	Airplane	or	

Rotorcraft	Flight	Manual.

Action: There	is	a	“Checklist	before	every flight”	instruction	tag	attached	to	the	body	

of	the	Phantom	3	Professional	that	will	be	followed	and	on	page	44	of the	user	

manual.

Section	91.119 (a)	(b)	&	(c)	prescribes	that,	except	when	necessary	for	takeoff	or	

landing,	no	person	may	operate	an	aircraft	below	the	following	altitudes:

(a)	Anywhere.	An	altitude	allowing,	if	a	power	unit	fails,	an	emergency	landing	

without	undue	hazard	to	persons	or	property	on	the	surface.

(b)	Over	congested	areas.	Over	any	congested	area	of	a	city,	town,	or	settlement,	or	

over	any	open	air	assembly	of	persons,	an	altitude	of	1,000	feet	above	the	highest	

obstacle	within	a	horizontal	radius	of	2,000	feet	of	the	aircraft.

(c)	Over	other	than	congested	areas.	An	altitude	of	500	feet	above	the	surface,	

except	over	open	water	or	sparsely	populated	areas.	In	those	cases,	the	aircraft	may	

not	be	operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.

Reason	for	relief: This	UAS	Phantom	quad	copter	at	most	times	would	be	operated	

at	less	than	the	minimums	prescribed	in	paragraph	(b)	or	(c)	of	this	section.	The	

regulation	states	that	over	sparsely	populated	areas	the	aircraft	cannot	be	operated	

closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.	Since	the	typical	
photo	assignment	would	be	photography	of	real	estate	structures	and	or	vacant	land	

it	would	be	necessary	to	operate	closer	than	500	feet.

Action: Operations	will	only	be	flown	over	property	where	permission	has	been	

obtained	and	careful	pre-planned	has	been	performed.	If/when	the	low	battery	LED	

flashes	the	UAS	will	be	landed	in	a	safe	manner.

Due	to	the	small	size	and	weight	of	the	Phantom	Professional	3,	the	hazard	to	

persons,	vehicles	and	structures	is	minimal	compared	to	manned	aircraft.

Section	91.121 requires,	in	pertinent	part,	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.

Reason	for	relief: The	Phantom	Professional	3	is	not	equipped	with	an	altimeter	

and	can	hover	within	a	10	foot	radius	in	all	directions.	There	is	no	minimum	cruising	

speed	and	it	will	not	be	launched	from	an	airport.

Action: The	above	ground	level	height	will	be	less	than	400	feet	programmed	into	

the	firmware	and	never	flown	out	of	visual	eye	contact	or	at	night.

Section	91.405 (a)	requires,	in	pertinent	part,	that	an	aircraft	operator	or	owner	

shall	have	that	aircraft	inspected.

Reason	for	relief: There	is no	certified	inspection	facility	and	the	Phantom 3	

Professional will	not	power	on	if	it	fails	the	POST	(power	on	self	test).

Action: In	the	event	that	the	Phantom	Professional	3	needed	inspection	for	any	

major	or	intermittent	problems	it	would	be	safer	to replace	the	entire	UAS.

Section	91.407 (a)	(1)	prohibits,	in	pertinent	part,	any	person	from	operating	an	

aircraft	that	has	undergone	maintenance,	preventive	maintenance,	rebuilding,	or	

alteration	unless	it	has	been	approved	for	return	to	service	by	a	person	authorized	

under	section	43.7	of	the	same	chapter.

Reason	for	relief: Replacement	of	props,	motors,	and	batteries	should	be	allowed	

by	the	operator.	In	addition	updating	firmware	when	required	should	be	allowed.

Action: Parts	will	be	genuine	factory	replacement.	Only	manufacture	approved	

firmware	will	be	uploaded.

Section	91.409 (a)	(2)	prescribes,	in	pertinent	part,	that	no	person	may	operate	an	

aircraft	unless,	within	the	preceding	12	calendar	months,	it	has	had	an	inspection	

for	the	issuance	of	an	airworthiness	certificate	in	accordance	with	part	21	of	this	

chapter.

Reason	for	relief:	There	is	no	certified	inspection	facility	or	process	for	the	

Phantom	Professional	3.	Estimated	flight	times	for	photo	shoots	would	be	less	than	

40	minutes	possibly	2	times	a	week	which	would	be	approximately	80	minutes	of	

flight	time	per	week.

Action: When	any	flight	or	intermittent	problem	become	apparent	and	is	not	

remedied	by	a	simple	repair	the	entire	UAS	would	be	replaced	by	the	same	model	or	

as	close	to	the	DJI	Phantom	Professional	3.
Section	91.417 (a)	&	(b)	prescribes,	in	pertinent	part,	that	a	registered	owner	or	

operator	shall	keep	the	following	records	for	the	periods	specified	in	paragraph	(b)	

of	this	section:

Reason	for	relief: Due	to	the	popularity,	simplicity,	size	and	limitation	of	the	

Phantom	Professional	3	this	could	become	an	overburden	for	the	owner/operator	

and	any	regulating	agency.

Action: All	photo	flights	for	hire	would	have	the	date,	time,	GPS	coordinates	along	

with	the	camera	metadata	recorded	on	a	hard	drive	and	also	backed	up	to	a	DVD.	

This	data	would	be	kept	readily	available	for	a	period	of	1	year	after	each	aerial	

flight	for	hire.

Public	Interest: Granting	my	request	would	be	in	the	public	interest	by	giving	an	

opportunity	for	real	estate	and	golf	course	photographers	to	offer	safer	and	more	

competitively	priced	aerial	photography	and	videography	to	the	general	public.

Adversely	affect	safety: This	exemption	would	not	adversely	affect	the	safety	of	the	

general	public	due	to	the	size,	weight	and keeping	the	UAS	in	visual	sight.	In	

comparisons	to	aerial	photography	from	a	manned	aircraft,	low	altitude	

photography	from	a	UAS	would	be	safer	and	have	less	of	an	environmental	impact.

Additional	view/comment: As	a	competent	photographer	the	need	to	offer	

photography	from	a	UAS	is	something	that	will	help	my	business	and	clients.	I	am	in	

hopes	that	this	exemption	is	granted	so	that	I	can	assist	in	the	ground	floor	

education	and	lead	by	good	example	for	the	good	of	the	people.

The	DJI	PHANTOM	3	PROFESSIONAL	will	not	be	flown	at	night	and	never	in	the	

flight	path	of	manned	aircraft.	The	first	condition	listed	to	always	keep	visual	eye	

contact	on	the	22mm	LED	flight	indicator	is	probably	the	most	important.	My	main	

objective	is	to	offer	aerial	real	estate	and	golf	course	photography/videography	at	a	

competitive	rate	for	the	general	public	in	the	safest	way	possible.

Respectfully,

Matthew	Dutcher

215	W.	6th	St.	Apt.	1001	Los	Angles,	CA	90014	CELL:	586.604.1604