Mattucci Photography

159 Mountain Drive, Carnegie, PA 15106

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Dear Madam/Sir, 

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

and 14 C.F.R. Part 11, Mattucci Photography, seeks an exemption from the Federal Aviation 

Regulations listed below: 

 14 C.F.R. 21, subpart H 

 14 C.F.R. 61.3 - Requirement for certificates, ratings, and authorizations

 14 C.F.R. 61.113(a)&(b) Private pilot privileges and limitations: Pilot in command

 14 C.F.R. 61.133(a) - Commercial pilot privileges and limitations

 14 C.F.R. 91.9(b)(2) - Civil aircraft flight manual, marking, and placard requirements

 14 C.F.R. 91.103(b) – Preflight Actions

 14 C.F.R. 91.105 – Flight Crewmember at Stations

 14 C.F.R. 91.109(a) – Flight Instruction

 14 C.F.R. 91.119 - Minimum safe altitudes 

 14 C.F.R. 91.121 - Altimeter settings 

 14 C.F.R. 91.151(a) - Fuel requirements for flights in VFR conditions 

 14 C.F.R. 91.203(a) & (b) – Civil Aircraft: Certifications Required

 14 C.F.R. 91.319(a)(1) 

 14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417) 

The requested exemption would authorize Mattucci Photography to conduct commercial 

operations using the DJI Phantom 3, for aerial data collection, photography, video and surveying 

applications. These applications would primarily consist of low level real estate, building 

construction and architectural. Mattucci Photography has been providing these commercial 

services using manned high-wing aircraft since 2007.

In order to ensure at least an equivalent level of safety to currently authorized operations using 

manned aircraft, all operations will be subject to the strict operating requirements defined in the 

Mattucci Photography UAS Flight Operations Manual (Mattucci Photography requests that the 

FAA treat the Mattucci Photography UAS Operations Manual as proprietary under 14 C.F.R. 

11.35(b) and not include this document in the public docket). Additionally, this petition for 

exemption is supported by the information contained in the Phantom 3 User Manual, Phantom 3

Pilot Training Guide, and the Smart Flight Battery Safety Guidelines (hereafter collectively 

referred to as “Manufacturer’s Operations Manuals”). 

All Mattucci Photography UAS will be operated only by individuals who hold at least an FAA 

issued private, recreational, or sport pilot certificate and who have successfully completed 

Mattucci Photography UAS Training Program (the Mattucci Photography UAS Training 
Mattucci Photography

159 Mountain Drive, Carnegie, PA 15106

Program document will be submitted separately and Mattucci Photography requests that the FAA 

treat this document as proprietary under 14 C.F.R. 11.35(b) and not include this document in the 

public docket). In addition to this document, Mattucci Photography will also use the DJI 

Phantom manufacturer provided YouTube training videos and manufacturer provided user 

training manuals.

The characteristics of the UAS, detailed UAS operator requirements, and UAS operating 

parameters given below will ensure that all Mattucci Photography UAS operations are carried 

out with an equivalent or higher level of safety than currently authorized manned aircraft 

operations. The details below regarding Mattucci Photography intended UAS applications 

provide clear evidence that approval of this exemption is in the public interest. 

CHARACTERISTICS OF THE UAS 

The Phantom 3 series are all very similar UAS. The Phantom 3 is approximately 27 inches 

across, measured diagonally and including the propellers. All are constructed primarily of 

frangible materials (plastic) and weigh less than 3 pounds each. The Phantom 3 is powered by a 

4480 mAh 4S LiPo battery. 

The max flight speed of the Phantom 3 is approximately 36 mph and contain an on-board GPS 

and an inertial measurement unit for flight stabilization and automatic failsafe return to home in 

case of a lost control signal. Additionally, these UAS offer geo-fencing and max altitude features 

to restrict the maximum vertical and horizontal distance the aircraft will fly from its home point. 

The Phantom 3 and offer the added feature of displaying real time flight data, including battery

status, altitude and distance from home, within the DJI App.

The Phantom 3 operated by Mattucci Photography for commercial use will be registered in 

accordance with 14 C.F.R Part 47, and will be marked in accordance with 14 C.F.R. Part 45, 

Subpart C, in a size as large as practical for the size of the UAS. 

All UAS operated by Mattucci Photography will be maintained in accordance with the 

manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for 

the aircraft and aircraft components and all pertinent instructions in the user manuals. Repairs, 

component changes, and software/firmware updates will be recorded in the UAS’s maintenance 

log. Maintenance log entries will include the date, UAS ID number, registration number, current 

UAS flight time, a description of work performed, and the name of the individual who completed 

the work. 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, prior to use in any commercial operations. The functional test flight must 

be conducted in such a manner so as to not pose an undue hazard to persons and property. The 

PIC who conducts the functional test flight must make an entry in the aircraft records. A preflight inspection of the UAS will be completed by the PIC prior to each flight operation as 

specified in the Mattucci Photography UAS Operations Manual. 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. All Mattucci Photography UAS will comply with all applicable manufacturer 

safety bulletins.
Mattucci Photography

159 Mountain Drive, Carnegie, PA 15106

Additional information on the aircraft specifications, performance limitations, operating 

procedures, and pre-flight inspections is contained in the attached documents. The safety and 

reliability of the DJI Phantom 3 UAS is further supported by the fact that numerous FAA 

exemptions have previously been approved for their use in commercial operations. As noted 

above, the DJI Phantom 3 is very similar to these UAS and incorporates additional safety

features. 

UAS OPERATOR REQUIREMENTS 

The operating pilot currently has an ATP commercial pilot license and Certified Flight 

Instructor. FAA certificate #3343137 and #3343137CFI respectively, a current 1st class medical, 

issue date 7/18/2015 and current State of Pennsylvania driver license. Approximately 6300 hours 

of flight time, 37 years of flying, and over 300 hours of flight time in the past year. In addition, 

the operating pilot has 8 years of commercial aerial photography experience utilizing high-wing, 

single-engine aircraft platform to conduct the photo missions. 1 year of drone experience 

accumulating approximately 50 hours with the DJI product. 

UAS OPERATOR TRAINING REQUIREMENTS

All Mattucci Photography UAS operators will hold at least an FAA issued private, recreational, 

or sport pilot certificate and will have successfully completed Mattucci Photography UAS

Training Program. 

Completion of the Mattucci Photography UAS Training Program will ensure safe operations 

by not allowing any PIC to operate a UAS unless that PIC has demonstrated, that he/she is able 

to safely operate the UAS in a manner consistent with the exemption, including evasive and 

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

structures. All operators will either meet the flight review requirements specified in 14 CFR § 

61.56 or will annually complete and log at least 2 hours of ground instruction with an instructor 

covering regulations and issues pertinent to commercial operation of the Phantom 3 UAS. 

The individual acting as PIC of a UAS will be identified prior to any flight and will not change 

once the flight has begun. The PIC is the individual in operational control of the flight operation

from beginning to end and is responsible for safe flight of the UA. All PIC flight hours used to 

demonstrate qualifications and currency will be logged in a manner consistent with 14 CFR § 

61.51(b).

In order to act as PIC, all Mattucci Photography UAS operators will hold a current FAA airman 

medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, 

Puerto Rico, a territory, a possession, or the Federal government.

UAS OPERATING PARAMETERS 

In order to provide for a level of safety at least equivalent to operations conducted using manned 

aircraft, all Mattucci Photography commercial UAS operations will be conducted in accordance 

with the following specific operating limitations: 
Mattucci Photography

159 Mountain Drive, Carnegie, PA 15106

 The UA may not be operated at a speed exceeding 30 knots (34 miles per hour). In no 

case will the UA be operated at airspeeds greater than the maximum UA operating 

airspeed recommended by the aircraft manufacturer. 

 All operations shall be conducted in accordance with an ATO-issued COA. 

 All UA operations will occur at or below 400 ft. AGL or the maximum altitude specified 

in the COA limitations. All altitudes must be reported in feet AGL. 

 No UA will be operated within 3 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA published 

aeronautical chart, unless a letter of agreement with that airport’s management is 

obtained or otherwise permitted by a COA issued to Mattucci Photography. The letter of 

agreement with the airport management must be made available to the Administrator or 

any law enforcement official upon request. 

 No UA will be operated within class B, C, D or E airspace unless a letter of agreement 

from the controlling ATC office is obtained or the flight is otherwise permitted by a 

COA issued to Mattucci Photography. The letter of agreement from ATC must be made 

available to the Administrator or any law enforcement official upon request. 

 The UA 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 or 

U.S. driver’s license. 

 All operating documents and a 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 in the grant of exemption and the procedures 

outlined in the operating documents, the conditions and limitations in the grant of 

exemption take precedence and must be followed. Otherwise, the PIC must follow the 

procedures as outlined in the operating documents. Mattucci Photography may update or 

revise its operating documents. However, it is Mattucci Photography responsibility to 

track such revisions and present updated and revised documents to the Administrator or 

any law enforcement official upon request. Mattucci Photography must also present 

updated and revised documents if it petitions for extension or amendment to the grant of 

exemption. If Mattucci Photography determines that any update or revision would affect 

the basis upon which the FAA granted the exemption, then Mattucci Photography must 

petition for an amendment to the grant of exemption. 

 UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

 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. 
Mattucci Photography

159 Mountain Drive, Carnegie, PA 15106

 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. All maintenance and 

alterations must be properly documented in the aircraft records. 

 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. 

 If the UAS loses communications or loses its GPS signal, the UA must return to a 

predetermined location. 

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

 The PIC is prohibited from beginning a flight unless the UA’s battery level is at 75% or 

higher. The PIC must begin returning the UA to the designated landing area when the 

battery level drops below 25%. 

 Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC 

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

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

upon request. 

 The UA must remain clear and give way to all manned aviation operations and activities 

at all times. 

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

 UA will not be operated directly over nonparticipating persons unless barriers or 

structures are present that sufficiently protect nonparticipating persons from the UA 

and/or debris in the event of an accident. UA will not be operated over any open-air 

assembly of people. 

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

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

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

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

NTSB Web site: www.ntsb.gov. 
Mattucci Photography

159 Mountain Drive, Carnegie, PA 15106

APPLICATIONS AND PUBLIC INTEREST 

The requested exemption would allow Mattucci Photography to operate the DJI Phantom 3 for

the purposes of aerial data collection, photography, video and surveying applications. These 

applications would primarily consist of low level real estate, building construction and 

architectural. Use of UAS for these applications will offer significant advantages related to 

safety, time, and cost. Use of manned aircraft in many instances is typically not feasible due to 

other structures hiding the subject, distance from the subject no close enough to see detail and 

client’s requests for a lower level perspective. In most cases, use of a UA is quicker and easier 

than any other alternative and often yields better information. 

Due to their small size and the fact they carry no fuel, the DJI Phantom 3 poses a very low risk of 

damage to persons or structures on the ground. Because these UA are electric powered, they

create no harmful emissions and make very little noise. 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 

Mattucci Photography requests the grant of an exemption to the following specific sections of the 

Title 14 Code of federal Regulations which would allow it to operate micro UAS for commercial 

use: 

14 CFR 21, subpart H, 14 C.F.R Sections 61.3, 61.113(a)&(b), 61.133(a), 91.9 (b)(2), 91.103(b), 

91.105, 91.109(a), 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.319(a)(1), 91.405, 91.407, 

91.409, 91.417

CONCLUSIONS 

Mattucci Photography respectfully requests that the FAA grant the exemption sought in this 

request. Mattucci Photography believes that considering the small size and weight of the UAS, 

along with the UAS PIC training and certification requirements stipulated above and the strict 

operating guidelines proposed herein, it is clearly demonstrated that the UAS will be operated 

safely in the national air space (NAS) with an equivalent or greater level of safety compared to 

manned aircraft. 

Should an amendment be deemed necessary, we are prepared to modify or amend any part of this 

request by the FAA to satisfy the need for an equivalent level of safety. Please contact us at any 

time if you require additional information or clarification.

Sincerely, 

Anthony Mattucci

Mattucci Photography

159 Mountain Dr.

Carnegie, PA 15106

412-719-8008

pghaerials@gmail.com
Mattucci Photography

159 Mountain Drive, Carnegie, PA 15106