Martin	Summer	–	Application	for	FAA	Section	333	Exemption 1

Martin Summer Application for FAA Section 333 Exemption

FROM: July 15, 2015

Martin Allen Summer

FAA Airman Cert# 3039756

537 Commons Drive

Palm Beach Gardens, Florida, 33418

Tel: 561.832.2336

Email: marty@worth.net

TO: 

DOCKET OPERATIONS 

ROOM W12-140 OF THE WEST BUILDING GROUND FLOOR 

1200 NEW JERSEY AVENUE, SE. WASHINGTON, DC, 20590 

PETITION FOR EXEMPTION OF: 

Aerial Video and Photography using UAV

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 

OF THE CODE OF FEDERAL REGULATIONS 

PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT 

OF 2012 (PUBLIC LAW 112-95) 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 2

TABLE OF CONTENTS 

GLOSSARY OF ABBREVIATIONS 3 

SUMMARY 4 

INTRODUCTION AND INTERESTS OF PETITIONER 4 

BASIS FOR PETITION 6

NAME AND ADDRESS OF PETITIONER 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH 

MARTIN SUMMER SEEKS EXEMPTION 8

THE EXTENT OF RELIEF MARTIN SUMMER SEEKS AND THE 

REASON MARTIN SUMMER SEEKS THE RELIEF 11

THE REASONS WHY GRANTING MARTIN SUMMER

REQUEST WOULD BE IN THE PUBLIC INTEREST 14

THE REASONS WHY GRANTING THE EXEMPTION 

WOULD NOT ADVERSELY AFFECT SAFETY 17

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 28

ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS CONCLUSION 30

EXHIBITS:

Attached to this petition;

1- Exhibit A = DJI Phantom 3 Pro Specs and Data sheet

2- Exhibit B = P3 User Manual

3- Exhibit C = Martin Summer’s current FAA Medical
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground 

Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 4

SUMMARY

Martin Summer seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a) (2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will 

permit Martin Summer to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of Real Estate Properties (for 

homeowners, realtors, home builders, home contractors and / or home inspectors for real 

estate marketing and inspection of home exteriors) as well as filming of special events, film 

sets, scripted and unscripted television sets and landscape, conducting power line inspection, 

aerial mapping, surveying and search and rescue over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

Martin Summer has been a career photographer since the mid 1970’s. He holds a current 

FAA airman certificate (PP SEL), and has operated a photo production company based in 

Florida, since 1989. The business began as a portrait studio, but over the years evolved into 

producing aerial photos (from fixed wing Cessna 172). We understand and respect national

airspace and always have a commercially licensed pilot and camera operator on board.

Over the years, I have produced work to provide environmental impact studies, litigation and 

forensic aerial images, real estate listings and general construction progress images. 

I am currently working on a project for the Palm Beach County Convention Bureau. All this 

work is produced from a certified aircraft with 100 hour inspections. I have NEVER used a 

UAV for commercial purposes, respecting the FAA’s regulations. My decision to follow the 

law is costing me a large amount of business as hobbyists take to the skies for commerce.

My objective is to use UAV’s to improve my service, and to compete fairly and lawfully 

against those who disregard the law and function in a potentially dangerous manner. My

main website has a banner directing potential clients to a link describing the illegal and 

undisciplined use of UAV’s that are popping up nationally.
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 5

Our intent is to use DJI’s current and future series of drones.

More specifically, Martin Summer will serve in the following areas: 

• Aerial photos and videos of houses / residential and commercial buildings and property

• Aerial event photography 

• Aerial event filming 

• Aerial Film & Television production 

• Aerial search and rescue and safety inspections 

• Increase public knowledge of UAS and promote safe UAS operations. 

The proposed aerial filming will be conducted over private property with controlled access in 

the NAS and with the knowledge and permission of the private property’s owner. 

Unmanned Aircraft Systems: DJI Phantom 3 Professional UAV

Martin Summer seeks an exemption to operate DJI systems DRONES for compensation or 

hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UAV) with a Ground Control Station (GCS) utilizing electronic 

controls and monitoring systems. The DJI Phantom 3 Professional has a maximum gross 

weight of approximately 3 pounds, and a length of 16 x 16 inches, height of 8 inches, and a 

maximum speed of approximately 32 knots. The DJI Phantom 3 Professional is equipped 

with four main rotors; driven by Lithium Polymer battery powered electric motors. 

The DJI Phantom 3 Professional will be operated by Martin Summer (a Licensed and Current 

FAA airman, with current medical) and will be registered in accordance with 49 U.S.C. 

44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and 

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 6

BASIS FOR PETITION 

Petitioner, Martin Summer, pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 

333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the DJI Phantom 3 Professional in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b). 

In consideration of the speed, weight, size, and limited operating area with the unmanned 

aircraft and its operation, Martin Summer’s operation of the DJI Phantom 3 Professional

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Martin Summer

requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b), as these sections set forth requirements for maintenance that only apply to aircraft with 

an airworthiness certificate. Martin Summer submits that the requested relief is proper since 

an equivalent level of safety will be ensured. 

Martin Summer will use experienced personnel or technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS’s using the methods, techniques, and 

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3 Professional Instruction Manual). Furthermore, Martin Summer will document 

and maintain all maintenance records for the DJI Phantom 3 Professional. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot In Command, is requested by Martin Summer to the extent 

necessary to allow a Pilot in Command (PIC) holding a Supplemental Pilot Certificate, and 

who has demonstrated, by meeting minimum flight- hour and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 3 Professional in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 7

Martin Summer seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 Professional does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Martin Summer submits that it will 

ensure that the DJI Phantom 3 Professional is in an airworthy condition, prior to every flight, 

by determining that the UAS’s are in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Professional Instruction Manual), and that the aircraft 

are in a condition for safe flight. Martin Summer also seeks an exemption from the 

requirements of Section Palm 91.121, entitled Altimeter Settings, as the DJI Phantom 3 

Professional will not have a typical barometric altimeter onboard. However, altitude 

information of the DJI Phantom 3 Professional will be provided to the PIC via Global 

Positioning System (GPS) equipment and radio communications telemetry data link, which 

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with Martin Summer’ operation of the DJI Phantom 3 Professional

within visual line of sight, at or below 200 feet AGL, will ensure a level of safety equivalent 

to Section 91.121. 

Additionally, Martin Summer seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Martin Summer

submits that safety will not be affected by operation of the DJI Phantom 3 Professional

during daylight hours in visual meteorological conditions (VMC) under visual flight rules 

(VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to 

the first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 4.5 minutes. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 8

In accordance with 14 C.F.R. § 11.81, Martin Summer provides the following information in 

support of its petition for exemption: 

NAME AND ADDRESS OF PETITIONER

A. Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of contact is: 

Martin Summer

DBA: Palm Beach Photographics and Martin Summer

537 Commons Drive,

Palm Beach Gardens, Fl, 33418

Tel: 561-832-2336

Email: marty@worth.net

SPECIFIC CFR EXCEPTIONS

B. The Specific Sections Of 14 C.F.R. From Which Martin Summer Seeks 

Exemption. 

1. Martin Summer Seeks Exemption From The Requirements Of Section 

61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that person, 

for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. Martin Summer Seeks Exemption From The Requirements Of Section 91.7(a). Section 

91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. Martin Summer Seeks Exemption From The Requirements Of Section 91.121. Section 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 9

91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each 

person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, 

as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport 

or an appropriate altimeter setting available before departure.

4. Martin Summer Seeks Exemption From The Requirements Of Section 

91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states 

the following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. 

5. Martin Summer Seeks Exemption From The Requirement Of Section 

91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each 

owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part, except as 

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

of this chapter[.] 

6. Martin Summer Seeks Exemption From The Requirements Of Section 

91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter[.] 

7. Martin Summer Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2). 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 10

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and been approved for 

return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 

of this chapter. 

8. Martin Summer Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

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

of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 

100-hour, annual, progressive, and other required or approved inspections, as appropriate, for 

each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an 

aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to 

service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date when 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 11

the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to 

the airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to 

service. 

C. The Extent Of Relief Martin Summer Seeks And The Reason Martin Summer Seeks 

The Relief. 

1. Extent Of Relief Martin Summer Seeks And The Reason Martin Summer Seeks 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a Supplemental Pilot 

Certificate, as well as a current and valid airman medical certificate, and who has met certain 

flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. This relief is requested since the limitations set forth in Section 

61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an 

aircraft in connection with any business or employment if: (1) The flight is incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire.

As set forth more fully below, Martin Summer submits that an equivalent level of safety will 

be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional 

unless that PIC has met certain flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate either the DJI Phantom 3 Professional in a manner consistent 

with the operations specifications as described in this exemption, including evasive and 

emergency maneuvers, as well as maintaining appropriate distances from people, vessels, 

vehicles and structures. Further, Martin Summer submits that all flights of the DJI Phantom 3 

Professional, conducted by the PIC pursuant to the grant of this Petition: (1) will be 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 12

incidental to Martin Summer business; and (2) will not carry passengers or property for 

compensation or hire. 

Martin Summer believes that though UAS are not traditional aircrafts, a PIC operating the 

UA must have knowledge of Airman rules, basic Airspace and comply with all the rules 

proposed by the FAA. However, considering the fact that our DJI UAV is almost like a toy, 

weighing less than 5 pounds, the PIC may be except from obtaining a Private Pilot 

Certificate, a Sports Certificate, a Recreational Certificate considering these certificates 

require flight hours of several thousand tons weighing aircrafts. The operation of UAS by 

Martin Summer is strictly for the purpose of acquiring photo and video media. 

Lastly, Martin Summer PICs will operate the UAS no higher than 200 feet, consequently 

causing no danger do any other aircraft in the NAS. Martin Summer, has successfully 

completed private pilot ground school. Additionally, supplemental pilots without a current 

FAA private pilot certificate must have successfully passed the private pilot, commercial 

pilot, or airline transport pilot knowledge test within the past 24 calendar months. 

2. Extent Of Relief Martin Summer Seeks And The Reason Martin Summer Seeks Relief 

from Section 91.7

(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Martin 

Summer to determine that the DJI Phantom 3 Professional are in airworthy condition prior to 

every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the 

Martin Summer Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Professional Instruction Manual). Martin Summer seeks the requested relief because the DJI 

Phantom 3 Professional does not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, Martin Summer will ensure that the DJI Phantom 3 

Professional is in airworthy condition based upon its compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction 

Manual) prior to every flight, and further, determine that the aircraft are in condition for safe 

flight, as stated in the conditions and limitations below. 

3. Extent Of Relief Martin Summer Seeks And The Reason Martin Summer Seeks Relief 

From Section 91.121, entitled Altimeter settings, may be required to allow flight operations 

of the DJI Phantom 3 Professional, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information 

from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 13

altitude information concerning UAS operations be reported to air traffic control (ATC) in 

feet above ground level (AGL), Martin Summer seeks the requested relief because the DJI 

Phantom 3 Professional’s altimeter may be set on the ground to zero feet AGL, rather than 

the local barometric pressure or field altitude, before each flight. Considering the limited 

altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent 

necessary to comply with the applicable conditions and limitations stated below. As more 

fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 

3 Professional is equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each 

flight, and provides the PIC with altitude information of the UA on the heads-up display of 

the GCS. 

4. Extent Of Relief Martin Summer Seeks And The Reason Martin Summer Seeks relief 

from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested 

to the extent required to allow flights of the battery powered DJI Phantom 3 Professional

during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), for a total duration of 13.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. Martin Summer

seeks the requested relief because without an exemption from Section 91.151(b), the flight 

time duration of the battery powered DJI Phantom 3 Professional will severely constrain the 

practicality of any aerial video or still photo flight operations that Martin Summer proposes 

to conduct pursuant to this Petition. Significantly, as set forth below, the technical 

specifications of the DJI Phantom 3 Professional operating documents, and Martin Summer

proposed operating limitations, ensure that Martin Summer will safely operate the battery 

powered DJI Phantom 3 Professional during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a 

total duration of 13.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief Martin Summer Seeks And The Reason Martin Summer Seeks Relief 

From Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Since 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, Martin Summer requests relief from these Sections 

because the DJI Phantom 3 Professional does not require airworthiness certificates. As set 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 14

forth more fully below, the DJI Phantom 3 Professional meets the conditions of FMRA 

Section 333 for operation without an airworthiness certificate. Accordingly, Martin Summer

will use trained technicians to perform maintenance, alterations, or preventive maintenance 

on the UAS using the methods, techniques, and practices prescribed in the UAS operating 

documents (i.e., the Martin Summer Aerial Operations Manual, Monthly Maintenance Log, 

and DJI Phantom 3 Professional Instruction Manual). Furthermore, Martin Summer will 

document and maintain all maintenance records for the DJI Phantom 3 Professional. 

Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing Martin Summer to 

safely, efficiently, and economically perform aerial video and photography of real estate, 

special events, film sets, property, and landscape over certain areas of the United States. 

Additionally, use of the DJI Phantom 3 Professional will decrease congestion of the NAS, 

reduce pollution, and provide significant benefits to the economy. Notably, the benefits of 

Martin Summer’s proposed operation of the DJI Phantom 3 Professional will be realized 

without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 3 

Professional are 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 a 

DJI Phantom 3 Professional 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 DJI Phantom 3 

Professional 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 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 15

must be handled by air traffic control during the ground, takeoff, departure, arrival, and 

landing phases of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 

Professional. Conducting aerial acquisitions with the DJI Phantom 3 Professional, 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 DJI Phantom 3 Professional 

produce no air pollution, and is the most viable environmentally conscious alternative to the 

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

photography, while burning approximately 8-10 gallons per hour of leaded aviation fuel. The 

DJI Phantom 3 Professional, while reducing the carbon footprint of aerial acquisitions, also 

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

rather than an internal combustion engine. 

By using the DJI Phantom 3 Professional 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. Aside from the lack of flight 

crew members located onboard the aircraft, the DJI Phantom 3 Professional (weighing 

approximately 3, at maximum gross weight, and with no fuel on board), 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 (weighing approximately 2,500 

pounds). 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 

Professional Will Benefit The Economy. In addition to being safe and efficient, the DJI 

Phantom 3 Professional is also an economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the DJI Phantom 3 Professional will allow 

United States based small businesses, like Martin Summer, 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 DJI Phantom 3 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 16

Professional 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 DJI Phantom 3 Professional, companies such as Martin Summer, 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 DJI Phantom 3 

Professional, 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. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, Martin Summer proposed operation of the DJI Phantom 3 Professional will not 

implicate any privacy issues. Specifically, the DJI Phantom 3 Professional will be operated 

only in compliance with operating documents (i.e., the Martin Summer Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) 

which requires property owner involvement as well as local law enforcement notification, 

and in accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 17

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How 

The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The 

Rule From Which Martin Summer Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 Professional Meet The Conditions 

Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Martin Summer operation of the DJI Phantom 3 

Professional meet the conditions of FMRA Section 333, and will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority 

for a UAS to operate without airworthiness certification and sets forth requirements for 

considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the 

following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 

days after the date of enactment of this Act, the Secretary of Transportation shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the plan and rule-making required by section 332 of this Act or the guidance 

required by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within visual 

line of sight do not create a hazard to users of the national airspace system or the public or 

pose a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification 

under section 44704 of title 49, United States Code, is required for the operation of 

unmanned aircraft systems identified under paragraph (1). 

(c) Requirements for Safe Operation. --If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft systems in the 

national airspace system. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 18

In seeking this exemption, Martin Summer submits that the DJI Phantom 3 Professional can 

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the DJI Phantom 3 Professional; 

(b) the pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 Demonstrates Its Safe Characteristics. 

The DJI Phantom 3 Professional does not create a hazard to users of the NAS or the public, 

or otherwise pose a threat to national security considering its size, weight, speed, and 

operational capability. 

i. Technical Specifications Of The DJI Phantom 3 Professional. 

The technical specifications of the DJI Phantom 3 Professional is set forth by the DJI 

Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A. 

ii. The DJI Phantom 3 Professional Autonomous Flight And Navigation Modes Enable The 

UAS To Remain Within A Defined Operational Area. The DJI Phantom 3 Professional may 

be operated in both manual and fully autonomous flight modes. A complete description of the 

flight and navigational modes of the DJI Phantom 3 Professional is provided in the User 

Manuals, attached hereto as Exhibit B.

iii. The DJI Phantom 3 Professional is Designed For Automatic Return To Home Point Or 

Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is 

lost, the DJI Phantom 3 Professional will remains stationary, in flight, for 3 seconds or more. 

If, after 3 seconds, the DJI Phantom 3 Professional does not reacquire control link data from 

the GCS, the UA will assume that the Control Link is lost and the UA will return to the home 

position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 3 Professionalare set 

forth in the User Manuals, attached hereto as Exhibit B.

iv. The DJI Phantom 3 Professional GCS And Its Operation. A complete description of the 

operation and specifications of the DJI Phantom 3 Professional and flight control software is 

provided in the User Manuals attached hereto as Exhibit B.

b. Flight Operations Of DJI Phantom 3 Professional is Limited To The Line Of Sight Of 

A Certificated Pilot in Command With A Safety Observer. 

Martin Summer will only utilize certificated pilots who possess a current and valid airman 

medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 Professional. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 19

Additionally, a safety observer will assist all pilots during flight time. 

c. Flights Of DJI Phantom 3 Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, proposes to commercially operate DJI Phantom 3 Professional for 

the special purpose of conducting aerial video and photography over certain areas of United 

States, pursuant to the following specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft UASs weighing less than 55 pounds 

maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft System. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography for homeowners, Realtors, home builders, 

contractors, home inspectors for use in real estate marketing and real estate inspections. 

Additionally, aerial video and photography may be conducted on occasional basis for film 

and television sets, special events and landscape photography, conducting power line 

inspection, aerial mapping, surveying as deemed necessary. 

3. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). 

4. The UAS must be operated at an altitude of no more than 200 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents unless a special 

request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. 

The SO and PIC must be able to communicate verbally at all times. Electronic messaging or 

texting is not permitted during flight operations. The PIC must be designated before the flight 

and cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

that the SO can perform the functions prescribed in the operating documents. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 20

8. The SO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not permitted 

to operate the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained in 

the grant of exemption take precedence and must be followed. Otherwise, the operator must 

follow the procedures as outlined in its operating documents. The operator may update or 

revise its operating documents. It is the operator’s responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. The operator must 

also present updated and revised documents if it petitions for extension or amendment to the 

grant of exemption. If the operator determines that any update or revision would affect the 

basis upon which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed and 

the UAS is found to be in a condition for safe flight. The Ground Control Station must be 

included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test flight must make an entry in 

the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection,
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 21

alterations, and status of replacement/overhaul component parts must be noted in the aircraft 

records, including total time in service, description of work accomplished, and the signature 

of the authorized person returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a Suplemental Pilot certificate and at least a current thirdclass medical certificate. Supplemental pilots must have, at a minimum, successfully 

completed private pilot ground school. Additionally, supplemental pilots without a current 

FAA private pilot certificate must have successfully passed the private pilot, commercial 

pilot, or airline transport pilot knowledge test within the past 24 calendar months. 

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles 

and structures. PIC qualification flight hours must be logged in a manner consistent with 14 

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under 

the terms of the exemption. However, training operations may only be conducted during 

dedicated training sessions. During training, proficiency, and experience-building flights, all 

persons not essential for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 14 

C.F.R.§91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 

1.1. All operations must be conducted under visual meteorological conditions (VMC). If 

flight at night is required, a special request will be made at the FAA office closest to 

proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted 

on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 22

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations under the grant of exemption. 

This COA will also require the operator to request a Notice to Airman (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to the operation. All operations 

shall be conducted in accordance with airspace requirements in the ATO issued COA 

including class of airspace, altitude level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the UAS is operating. These 

documents must be made available to the Administrator or any law enforcement official upon 

request. 

29. The UAS must remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

30. The UAS may not be operated by the PIC from any moving device or vehicle. 

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and 

structures unless: 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 23

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the 

UA and/or debris in the event of an accident. The operator must ensure that nonparticipating 

persons remain under such protection. If a situation arises where nonparticipating persons 

leave such protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of 

such vessels, vehicles or structures has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not 

present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a). 

32. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

33. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to the 

FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the 

National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web 

site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety. 

Martin Summer submits that the equivalent level of safety established by Section 61.113(a) 

and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 

Professional unless that PIC has demonstrated, by meeting minimum flight- hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional 

UAS in a manner consistent with the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Considering Martin Summer proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those 

of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills 

necessary to safely operate the DJI Phantom 3 Professional, Martin Summer submits that the 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 24

additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Martin Summer specific proposed flight 

operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to 

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior 

to every flight, Martin Summer will ensure that the DJI Phantom 3 Professional is in an 

airworthy condition based upon the UAS’s compliance with its operating documents and as 

stated in the conditions and limitations herein. Additionally, the FAA has previously granted 

relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the DJI Phantom 3 Professional will be provided to the PIC via GPS 

equipment and a radio communications telemetry data link, which downlinks from the UA to 

the GCS for active monitoring of the flight path and altitude. As a further precaution, the DJI 

system will be pre-programmed to never exceed an altitude of 200 feet. This altitude 

information, combined with Martin Summer’s operation of the DJI Phantom 3 Professional

within visual line of sight, at or below 200 feet AGL, will ensure a level of safety equivalent 

to Section 91.121. The altitude information will be generated by GPS equipment installed 

onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 25

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would 

Not Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom 3 Professional; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, Martin Summer will ensure that it 

will safely operate the battery powered DJI Phantom 3 Professional during daylight hours in 

VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 4.5 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 

Professional; the limitations on the proposed flight operations; and the location of the 

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional 

provide audible and visual warnings to the PIC at the GCS when the UAS experiences low 

battery voltage, the first warning occurring at approximately 33% remaining battery power, 

and again at approximately 10% remaining battery power. At the critically low battery level, 

the DJI Phantom, Inspire 1 UAS will descend and land automatically. Significantly, previous 

exemptions granted by the FAA concerning Section 91.151 establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less than the minimums 

prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, 

the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 

10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 26

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would 

Not Adversely Affect Safety. 

In seeking this exemption, Martin Summer submits that the equivalent level of safety with 

regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because 

Martin Summer will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed 

in the operating documents (i.e., the Martin Summer Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, Martin 

Summer will document and maintain all maintenance records for the DJI Phantom 3 

Professional. Since the DJI Phantom 3 Professional will be inspected as prescribed by the 

operating documents; Martin Summer will maintain the equivalent level of safety established 

by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). 

A copy of the DJI Phantom 3 Professional User Manual is attached hereto as Exhibit B. 

Likewise, the exemption sought will not adversely affect safety because Martin Summer will 

use trained technicians to perform maintenance, alterations or preventive maintenance on the 

UAS using the methods, techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established 

by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 

Professional will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log. Significantly, previous exemptions 

granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered. 

In consideration of Martin Summer proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom 3 Professional, Martin Summer submits that 

safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 

previously granted relief specific to UAS in circumstances similar, in all material respects, to 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 27

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161). 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 

and 14 C.F.R. § 21.16 entitled Special Conditions, Martin Summer requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 3 Professional, 

which contain such safety standards that the Administrator finds necessary to establish a level 

of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the 

limited purpose of conducting aerial video and photography over certain areas of the United 

States for compensation or hire. FMRA Section 333 sets forth the requirements for 

considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security; and further, provides the authority for such UAS 

to operate without airworthiness certification in accordance with any requirements that must 

be established for the safe operation of the UAS in the NAS. Likewise, the Administrator 

may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI 

Phantom 3 Professional, since the airworthiness regulations of 14 C.F.R. Part 21 do not 

contain adequate or appropriate safety standards, due to the novel or unusual design features 

of the aircraft. 

Section 21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate 

or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel 

or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety 

equivalent to that established in the regulations. See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for Martin Summer’s intended operation of the DJI Phantom 3 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 28

Professional, which contain such safety standards that the Administrator finds necessary to 

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 

14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

F. A Summary That Can Be Published In The Federal Register, stating: The Rules 

From Which Martin Summer Seeks Exemption: 

Martin Summer seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b). 

A Brief Description Of The Nature Of The Exemption Martin Summer Seeks: This 

exemption will permit Martin Summer to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over certain areas 

of the United States. 

G. Any Additional Information, Views, Or Arguments Available To Support Martin 

Summer Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, Martin Summer request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, Martin Summer will operate the DJI Phantom 3 Professional

safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise 

pose a threat to national security. 
Martin	Summer	–	Application	for	FAA	Section	333	Exemption 29

CONCLUSION 

As set forth herein, Martin Summer seeks an exemption pursuant to 14 C.F.R. 

§ 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which 

will permit safe operation of the DJI Phantom 3 Professional commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography 

over certain areas of the United States. By granting this Petition, the FAA Administrator will 

be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, 

while also advancing the interests of the public, by allowing Martin Summer to safely, 

efficiently, and economically operate the DJI Phantom 3 Professional commercially within 

the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Martin Summer respectfully requests 

that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Martin Summer to operate the DJI 

Phantom 3 Professional commercially for the purpose of conducting aerial video and 

photography of Real Estate Properties (for homeowners, realtors, home builders, home 

contractors and / or home inspectors for real estate marketing and inspection of home 

exteriors) as well as filming of special events, film sets, scripted and unscripted television 

sets and landscape as well as conducting power line inspection, aerial mapping, surveying 

and search and rescue over certain areas of the United States. 

Dated: July 14, 2015

Respectfully submitted by, 

Martin Summer

Martin Summer (PALM BEACH PHOTOGRAPHICS) 

537 Commons Drive

Palm Beach Gardens, Florida, 33418

Tel: 561.832.2336

Email: marty@worth.net

Website: http://www.palmbeachaerials.com