October 8, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Petition of Marc D. Fairstein for Exemption Pursuant to Section 333 of the FAA 

Modernization and reform Act of 2012 

To Whom It may Concern:

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

14 CFR Part 11, Marc D. Fairstein hereby applies for an exemption from Federal 

Aviation Regulations, to allow commercial operations of small unmanned aerial 

system.

The exemption from part 21 Subpart H and 61.113(a) and (b); 61.23(a), 91.109, 

91.119 91.121, 91.151(a), 91.405(a), 91.407(a)(1) and (2), and 91.417(a) and (b) 

of Title 14, Code of Federal Regulations (14 CFR).

This exemption would be granted to operate a DJI Phantom 3 Professional an 

unmanned aircraft system (USA) to conduct aerial photography and videography 

for real estate marketing, agricultural and engineering surveying and inspections 

as well as commercials. This exemption would allow me to provide a service to 

my clients, which currently is not widely available. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly 

under strict operational requirements. Combined with the fact that the aircraft 

weighs 6.5 pounds and is constructed primarily out of plastic Tubing, I propose 

that the DJI Phantom 3 Professional will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same missions.

Granting Marc Fairstein's request for exemption would benefit the public and 

have no adverse effect on safety. Accordingly, Marc Fairstein's operations 

pursuant to this Petition also qualify for an exemption from the FAA’s related 

safety regulations under Section 44701.

1. Public Interest Benefits

The public would greatly benefit from granting Marc Fairstein petition for 

exemption so he can use the Phantom 3 Professional UAS. The Phantom 3 is a 

battery powered UAS that serves as a safe, efficient, and economical alternative 

to manned aircraft traditionally used for aerial photography, videography, & digital 

inspection imaging. No pilot or crew need be airborne, thereby providing for 

superior safety to persons and property in the air and on the ground than that 
provided by manned aircraft performing the same operations. Granting the 

exemption would also reduce the number of manned aircraft in the NAS and, as 

a result, reduce the environmental impact of such operations, as well as provide 

for better aerial imaging and production and, as a result, a more robust economy. 

Using the Phantom 3 also provides the benefit of greater operational flexibility 

and reduced cost when compared to manned aircraft.

(a) Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the Phantom 3 is unmanned, the proposed operations eliminate the risk 

to pilot and crew associated with flying such aerial-surveying missions at low 

altitude, in confined airspace. Further, given its small size and weight and low 

airspeed, using the Phantom 3 also reduces the risk of damage or injury to 

persons or property on the ground, and in the air, were there to be a mishap.

(b) Reduced Environmental Impact

Using the Phantom 3 UAS instead of manned aircraft also benefits the public by 

eliminating or greatly reducing air and noise pollution associated with traditional 

aerial surveying operations. Because it is battery powered (using rechargeable 

batteries) and uses electric motors, the Phantom 3 UAS consumes no fuel and 

generates no air pollution, and creates very little noise. As a result, the public is 

benefited as a result of reduced environmental impact, reduced operator and 

other human exposure, and greater fuel conservation, which serves additionally 

to support our government’s when compared to manned aircraft. Instead of each 

time having to hire a manned aircraft at thousands of dollars/hour, subject to the 

pilot’s schedule and availability, Marc Fairstein can operate the Phantom 3, 

which I have purchased and outfitted at lower combined cost, innumerable times 

and at the convenience of Marc Fairstein and its customers schedules.

2. No Adverse Safety Effects

Granting Marc Fairstein’s Petition will also not adversely affect aviation safety or 

pose any undue risks to the public. The operations pursuant to this Petition will 

be in accordance with the DJI Safety Materials and in compliance with all 

applicable public safety requirements. Accordingly, and as detailed herein, 

granting the requested exemption would not adversely affect safety. Indeed, as 

detailed below, operations pursuant to the limitations and guidelines addressed 

herein and in the DJI Safety Materials will provide an equivalent or even higher 

level to those regulations from which Marc Fairstein seeks exemption.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since 
the aircraft will be operating at a maximum of 400 feet AGL, we can comply with 

this requirement.

To provide an equivalent level of safety we will only fly over property where we 

have received the permission of the land owner. The land owner will be briefed of 

the expected route of flight and the associated risks to persons and property on 

the ground. We maintain that due to the small size of the DJI Phantom 3 

Professional, the hazard to persons, vessels, vehicles, and structures is not 

comparable to manned aircraft and should be considered in granting the 

exemption.

14 CFR 91.121 Altimeter settings.

The regulation provides that aircraft shall maintain cruising altitudes by reference 

to an altimeter setting available within 100 nautical miles of the aircraft. The 

aircraft will fly below 400 feet AGL and will not need to maintain hemispherical 

cruising altitudes in order to de-conflict with other aircraft, as we will only fly "line 

of site". As such, an appropriate altimeter measurement presented to the pilot 

should be Above Ground Level and should be based on the barometric pressure 

at the point of launch. To provide an equivalent level of safety, the UAS's AGL 

altimeter will be set to zero on the ground prior to every flight. Since the aircraft 

will fly no more than 18 minutes, even rapid changes in barometric pressure will 

have limited effect on the safety of the flight.

14 CFR Sub-part E (91.401 - 91.417) - Maintenance, Preventive Maintenance, 

and Alterations

The regulation provides that the operator is primarily responsible for maintaining 

the aircraft in an airworthy condition, including compliance with part 39 and 43. 

Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to 

service by a person authorized under 43.7" after maintenance and inspection. It 

is our intention that the PIC perform maintenance and inspection of the aircraft 

and "be authorized to approve the aircraft for return to service."

As provided in the attached Maintenance Procedures (appendix D), the PIC will 

ensure that the aircraft is in an airworthy condition prior to flight and conduct 

detailed inspections after every 5 hours. Maintenance performed by the PIC is 

limited to repairing small cracks, replacing a propeller, and updating software and 

firmware. All other maintenance will be performed by the manufacturer. The PIC 

will document work performed in accordance with 91.417. We feel that due to the 

size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent 

level of safety.

All pre flight safety and maintenance procedures will be conducted on a regular 

basis as outlined Phantom 3 Professional Training Guide, Phantom 3 

Professional Manual, DJI Phantom 3 Professional Guide. (Link below)
https://www.dropbox.com/s/ucbbcoq5a8u0x2b/Phantom_3_Professional_User_M

anual_v1.4_en.pdf?dl=0

I have also provided the specs for the Phantom 3 Professional below for your 

review: 

Model: DJI Phantom 3 Professional

Model #: W323

IC:11805A-WM3231503

FCC ID: SS3-WM3231503

Operating Frequency: 2.400 GHz-2.483 GHz

Max Distance: 2000m (outdoors and unobstructed)

Max Ascent Speed: 5 m/s

Max Descent Speed: 3 m/s

Max Speed: 16 m/s (ATTI mode, no wind)

Hover Accuracy: Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

Horizontal: +/- 1.5 m

GPS Mode: GPS/GLONASS

Camera: Sensor Sony EXMOR 1/2.3 Effective pixels: 12.4 M (total pixels: 12.76 M)

I hope all my information will help to expedite my exemption. 

As processes are further refined, Marc Fairstein’s operations will only add to an 

already higher level of safety compared to manned flight operations which will 

serve the best public interest in the FAA's endeavor to integrate UAS into the 

NAS. 

Very truly yours, 

Marc Fairstein, Owner 

47 Old Forge rd 

Millington, NJ 07946 

Mobile: 646-247-2634