Request for Section 333 Exemption Photography

09/06/15

by/for

William Graham

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

William Graham.

The main use of this UAS would be in conjunction with gas and electric utility inspection, environmental, 

forestry and agricultural survey. The UAS systems that I plan to use is a DJI PHANTOM PROFESSIONAL 3 

and will be referenced in this document and also in the attached user manual.

1. The safe operation to the NAS 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 PROFESSIONAL 3 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 2.400GHz-2.483GHz

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 60 plus hours flying time with a similar DJI

PHANTOM 1 and 2 model and various other lower class UAS models. I am currently in the process of
obtaining a Sport Pilot License (WILLIAM GRAHAM) and will only fly the drone commercially when the 

SPL is

obtained. Until the SPL is obtained commercial flight of the DJI PHANTOM PROFESSIONAL 3 will

be flown by a licensed pilot. I am a licensed forester and utility project manager, photographer and 

video editor and have over 15 years of experience working with imaging equipment relative to phantom. 

Testing, updating, and programming the DJI PHANTOM PROFESSIONAL 3 firmware would be done on a 

monthly schedule.

5. I am in good medical health and sound mental health. No arrests or felonies.

6. The intended use of this DJI PHANTOM PROFESSIONAL 3 is to supplement my 10

year consulting business with occasional aerial photographs and data gathering. Other forestry 

consultants are currently offering aerial survey / data acquisition and currently have a competitive edge

in this market.

7. 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 server. This data would be kept readily available for a

period of 5 years after each aerial flight for hire.

8. In use flight time for UAS operation during utility survey projects would be no more than 40 minutes.

Each battery lasts approximately 23 minutes of uninterrupted flight and I own two batteries.

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

Airport [KGOO] and Auburn Airport [KAUN]. Both airports have air traffic control towers.

In terms of UAS use in proximity to these airports, the PIC would be in contact and require permission by 

the ATC before, while and upon completion of flight.

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. See page 40 of the attached user 

manual. 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 or lidar device. 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 Professional 3 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

Professional 3 that will be followed and on page 44 on the attached 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 400 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 survey assignment would be photography of utility structures and or

vacant / environmentally sensitive 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 Professional 3 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 providing safer and more cost

competitive aerial survey and data collection to utility operators and environmental agencies thus in 

theory, pass these cost savings on to customers and clients of said utility or environmental agency. 

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 survey / data 

collection from a manned aircraft, low altitude photography from a UAS would be safer and have less of 

an environmental impact.

Additional view/comments. As a competent photographer the need to offer aerial survey 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 PROFESSIONAL 3 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 survey and data acquisition

at competitive rates for the general public in the safest way possible.

Respectfully,

William Graham

17519 Alexandra Way

Grass Valley, CA 95949

P: 530-933-8286