February	26,	2016

U.S.	Department	of	Transportation

Federal	Aviation	Administration

800	Independence	Avenue	SW

Washington,	DC		20591

Re:		Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Reform	Act	and	Part	11	

of	the	Federal	Aviation	Regulations from:		14	CFR	61.113(a)	and	(b);	91.7	(a);	

91.103;	91.119	(c);	91.121;	91.151	(a);	91.405(a);	91.407	(a)(l);	91.409	(a)(l)	and	

{2};	91.417(a)	and	(b).

Dear	Sirs:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act,	I,	Jan	Adamson,	

hereby	apply	for	an	exemption	from	the	listed	Federal	Aviation	Regulations	(FARs)	

to	allow	commercial	operation	of	a	UAS,	so	long	as	such	operations	are	conducted	

within	and	under	the	conditions	outlined	herein	or	as	may	be	established	by	the	

FAA	as	required	by	Section	333.

I	would	like	to	formally	submit	for	an	exemption	from	part	21,	subpart	H,	and	

Sections	45.23(b),	91.7(a),	91.9(b)(2),	91.119,	91.121,	91.151(a),	91.203(a)	and	(b),	

91.405(a),	91.407(a)(l),	91.409(a)(2)	and	91.417(a)	and	(b)	of	Title	14,	Code	of	

Federal	Regulations	(14	CFR).		This	proposed	exemption	would	allow	the	operation	

of	unmanned	aircraft	systems	(UAS)	for	the	purpose	of	aerial	videography	and	

photography	for	real	estate	purposes	and	events.

Applicant:

Jan	Adamson

334	Maggie	Street

Canton,	Texas		75103

janeada@yahoo.com

903/567-0390
Commercial	operation	of	a	UAS,	as	described	herein,	which	is	equipped	with	camera	

and	sensors,	would	operate	in	the	following	manner:

 Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	

estate	and	other	related	professional	activities;

 Aerial	video	and/or	photography	for	public	and/or	private	use	including	

public	and	private	events	and	cinematography.

As	described	fully	below,	the	requested	exemption	would	permit	the	operation	of	a	

UAS	under	controlled	conditions	in	the	NAS	that	would	be	a)	limited,	b)	controlled,	

c)	predetermined	and	d)	will	provide	safety	enhancements	to	the	already	safe	

operations	in	the	industry	presently	using	conventional	aircraft.		Approval	of	this	

exemption	would	thereby	enhance	safety	and	fulfill	the	Secretary	of	Transportation	

responsibilities	to	“...establish	requirements	for	the	safe	operation	of	such	aircraft	

systems	in	the	national	airspace	system.”

As	found	in	Exemption	No.	14839	(Egan),	the	FAA	recently	approved	similar	use	of	a	

DJI	Phantom	3	Professional	UAS,	comprised	of	an	unmanned	aircraft	(UA	or	

Phantom),	an	attached	4K	camera	and	a	transportable	ground	station.		The	Phantom	

3	is	a	quad-copter	with	a	gross	weight	of	2.8	pounds.		It	is	equipped	with	four	rotors	

that	are	driven	by	electric	motors	powered	by	batteries.		The	UA	has	a	maximum	

airspeed	of	16	m/s.		It	will	be	operated	over	various	small	town	areas,	primarily	

within	the	rural	Van	Zandt,	Rains	and	Wood	County	areas	of	Texas,	to	augment	real	

estate	listing	videos,	capture	event	aerial	video	and	photography	and	related	

business	operations.

In	addition,	the	FAA	is	currently	in	the	process	of	considering	new	regulations	for	

the	operation	of	UAS	similar	to	those	in	this	exemption	request,	namely:
UAS	OPERATING	PARAMETERS

I	will	abide	by	the	following	additional	operating	conditions	under	this	exemption	

that	ensures	a	level	of	safety	at	least	equal	to	existing	rules:

 Operate	UAS	below	400	feet	and	within	a	radius	distance	of	1000 feet	from	

the	controller	to	aid	in	direct	line	of	sight	visual	observation;

 Obtain	permission	from	the	owner/controller	of	any	vessels,	vehicles	and	

structures	when	operations	may	be	conducted	closer	than	500	feet	to	any	

such	vessels,	vehicles	or	structures.		I	will	conduct	a	safety	assessment	of	the	

risk	of	operating	closer	to	those	objects	and	determine	that	it	does	not	

present	an	undue	hazard;

 Operate	the	UAS	for	no	longer	than	15	to	20	minutes	per	flight;

 Land	UAS	prior	to	the	manufacturer’s	recommended	minimum	level	of	

battery	power;
 Operate	UAS	during	daylight	hours	only	within	visual	line	of	sight	(VLOS);

 Use	the	UAS’	global	positioning	system	(GPS)	flight	safety	feature	whereby	it	

hovers	and	then	slowly	lands	if	communication	with	the	remote control	pilot	

is	lost;

 Conduct	all	operations	under	the	flight	safety	protocols	(including	posting	a	

warning	sign	reading:		“Attention—Aerial	Photography	in	Process—Remain	

Back	150	Feet”)	contained	in	the	operating	documents	and	will	actively	

analyze	flight	data	and	other	sources	of	information	to	constantly	update	and	

enhance	safety	protocols;

 Contact	respective	airports	if	operations	will	be	within	five	miles	to	advise	

them	of	my	estimated	flight	time,	flight	duration,	elevation	of	flight	and	other	

pertinent	information;

 Always	obtain	all	necessary	permissions	prior	to	operation	and	have	

procedures	in	place	to	abort	flights	in	the	event	of	safety	breaches	or	

potential	danger;

 Only	operate	in	safe	environments	that	are	strictly	controlled,	are	away	from	

power	lines,	elevated	lights,	airports	and	densely	populated	areas	(defined	

by	areas	depicted	in	“yellow)	on	VFR	charts	and	through	obtaining	

information	regarding	congested	areas	from	the	local	Flight	Standards	

District	Office	(FSDO);

 Conduct	extensive	preflight	inspections	and	protocols,	during	which	safety	

carries	primary	importance	(reference	Phantom	Flying	Flow	Chart	and	User	

Manual).

Regarding	UAS	operational	training,	I	will	have	completed	a	training	course	in	order	

to	gain	familiarization	with	the	characteristics	of	the	UAS’	performance	under	

different	temperature	and	weather	conditions.

Any	pilot	in	command	(PIC)	operating	my	UAS	will	have	accumulated	and	logged,	in	

a	manner	consistent	with	14	CFR	61.51(b),	at	least	25	hours	of	total	time	as	a	UAS	

rotorcraft	pilot,	including	at	least	10 hours	logged	as	a	UAS	pilot	with	a	multi-rotor	

UAS.		The	PIC	will	also	have	accumulated	and	logged	a	minimum	of	five	hours	as	a	

UAS	pilot	operating	the	same	make	and	model	of	UAS	to	be	used	for	operations.		In	

addition	to	the	hour	requirements,	the	PIC	will	accomplish	three	take-offs	and	

landings	in	the	preceding	90	days	(for	currency	purposes)	prior	to	any	flight.

SPECIFIC	EXEMPTIONS	REQUESTED

Given	the	size,	weight,	speed	and	limited	operating	area	associated	with the	UA,	I	

feel	an	exemption	from	14	CFR,	part	21,	Subpart	H	(Airworthiness	Certificates)	and	

a)	and	(b)	(Certifications	required),	subject	to	certain	conditions	and	

limitations,	is	warranted	and	meets	the	requirements	for	an	equivalent	level	of	

safety	under	14	CFR,	part	11	and	Section	333	of	P.L.	112-95	(Section	333).
I	request	an	exemption	from	45.23	Marking	of	the	Aircraft	because	the	UA	will	not	

have	a	cabin,	cockpit	or	pilot	station	on	which	to	mark	certain	words	or	phrases.		

Further,	the two-inch	lettering	is	difficult	to	place	on	such	a	small	aircraft	with	

dimensions	smaller	than	the	minimal	lettering	requirement.		Regardless,	I	can	mark	

the	UAS	in	the	largest	possible	lettering	by	place	the	word	“Experimental”	on	its	

fuselage	as	required	by 45.29(f)	so	that	anyone	will	see	the	markings.

I	request	an	exemption	from	91.7(a)	which	prohibits	the	operation	of	an	aircraft	

without	an	airworthiness	certificate.		Since	there	is	currently	no	certificate	

applicable	to	my	operation,	this	regulation	is	not	applicable.

I	request	an	exemption	from	91.405(a),	91.407(a)(l),	91.409(a)(2)	and	91.417(a)	

and	(b)	Maintenance	Inspections	since	they	only	apply	to	aircraft	with	an	

airworthiness	certificate.		However,	as	a	safety	precaution,	I	will	perform	a	preflight	

inspection	of	the	UAS	before	each	flight	as	outlined	in	the	operating	documents.

I	request	an	exemption	from	91.9(b)(2)	which	requires	an	aircraft	flight	manual	in	

the	aircraft.		Since	there	are	no	pilots	or	passengers	on	board	the	aircraft	and,	given	

its	size,	this	regulation	is	not	applicable.		I	believe	an	equivalent	level	of	safety	will	

be	achieved	by	maintaining	a	safety/flight	manual	with	the	UAS	ground	station.

I	request	an	exemption	from	91.119	which	prescribes	safe	altitudes	for	the	

operation	of	civil	aircraft	but	allows	helicopters	to	be	operated	at	lower	altitudes	in	

certain	conditions.		I	will	not	operate	my	UAS	above	the	altitude	of	400	feet	above	

ground	level	(AGL)	and	will	also	only	operate	in	safe	areas	away	from	the	public	and

traffic,	thus	“providing	a	level	of	safety	at	least	equivalent	to	or	below	those	in	

relation	to	minimum	safe	altitudes”.		Given	the	size,	weight,	maneuverability	and	

speed	of	the	UAS,	an	equivalent	or	higher	level	of	safety	will	be	achieved.

I	request	an exemption	from	91.121	Altimeter	Settings	as	it	is	inapplicable	since	

the	UAS	utilizes	electronic	GPS	with	a	barometric	sensor.

I	request	an	exemption	from	91.151(a)	Fuel	Requirements	for	Flight	in	VFR	

Conditions.		The	UAS	is	100	percent	electric	and	two	low	battery	alerts	are	issued.		

The	UAS	will	be	landed	at	the	first	alert.		Also,	my	flights	will	last	only	15	to	20	

minutes	each	and	the	UAS	has	an	automated	function	which	results	in	immediate	

landing	when	a	low	battery	is	detected.		The	PIC	will	not	begin	a	flight	unless	

(considering	wind	and	forecast	weather	conditions)	there	is	enough	power	to	fly	to	

the	first	point	of	intended	landing	and,	assuming	normal	cruising	speed,	land	the	

UAS with	20	percent	battery	power	remaining.

PUBLIC	INTEREST

Aerial	photography	and	videography	for	real	estate	and	events	are	proven	strategies	

to	enhance	marketing	efforts	and	increase	business	success.		The	industry	is	not	
new.		However,	until	recently,	it	was	conducted	through	the	use	of	costly	manned	

aircraft	which	is a	prohibitive	business	cost	for	small	companies.		In	addition,	I	will	

be	operating	in	largely	rural	settings	some	distance	from	metropolitan	areas	in	

which	established	UAS	companies	are	located,	once	again	making	the	cost	of	such	

services	prohibitive	for	smaller	real	estate	companies	and	event	planners.		By	

granting	this	exemption,	you	would	allow	me	to	be	able	to	provide	affordable	

services.

Further,	the	small	UAS	will	pose	no	threat	to	the	public	given	its	small	size	and	lack	

of	combustible	fuel	when	compared	to	larger	manned	aircraft.		Additionally,	the	

operation	of	my	UAS	will	minimize	harm	to	the	environment.		Public	and	private	

events	serviced	by	my	business	enhance	vibrancy	and	add	culture	to	the	community	

and	its	citizens.

SUMMARY

I	will	comply	with	all	of	the	following	conditions	and	limitations	should	this	

exemption	be	provided:

 Operations	will	be	limited	to	the	Phantom	3	Unmanned	Aircraft	System,	a	

quad-rotor	aircraft weighing	2.8	pounds.

 The	UAS	will	not	be	flown	at	an	indicated	airspeed	exceeding	50	knots.

 The	UAS	will	not	be	operated	at	an	altitude	of	more	than	400	feet	above	

ground	level	(AGL).		All	altitudes	reported	to	ATC	must	be	in	feet	AGL.

 The	UAS	will	be	operated	within	visual	line	of	sight	(VLOS)	of	the	Pilot	in	

Command	(PIC)	at	all times.

 All	operations	will	utilize	a	visual	observer	(VO).		The	UAS	will	be	operated	

within	the	VLOS	of	the	VO	at	all	times.		The	VO	and	PIC	will	be	able	to	

communicate	verbally	at	all	times.		The	PIC	will	be	designated	before	the	

flight	and	will	not	transfer	his	or	her	designation	for	the	duration	of	the	

flight.		The	PIC	will	ensure	that	the	VO	can	perform	the	functions	prescribed.

 The	operating	documents	will	be	accessible	during	UAS	operations	and	made	

available	to	the	Administrator	upon	request.		Any	revisions	to	the	operating	

documents	will	be	presented	to	the	Administrator	upon	request.

 Prior	to	each	flight,	the	PIC	will	inspect	the	UAS	to	ensure	it	is	in	a	condition	

for	safe	flight.		If	the	inspection	reveals	a	condition	that	affects	the	safe	

operation	of	the	UAS,	the	UAS	will	not	be	operated	until	the	necessary	

maintenance	has	been	performed	and	the	UAS	is	found	to	be	in	a	condition	

for	safe	flight.		The	Ground	Control	Station	will	be	included	in	the	preflight	

inspection.		All	maintenance	and	alterations	will	be	property	documented	in	

the	aircraft	records.

 And	UAS	maintenance	or	alternations	that	affect	the	UAS	operation	or	flight	

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

functional	test	flight.		The	PIC	who	conducts	the	functional	test	flight	will	

make	an	entry	in	the	aircraft	records.
 The	pre-flight	inspection	section	in	the	operating	documents	will	account	for	

all	discrepancies,	i.e.	inoperable	components,	items	or	equipment	not	already	

covered	in	the	relevant	sections	of	the	operating	documents.

 I	will	follow	the	UAS	manufacturer’s	aircraft/component,	maintenance,	

overhaul,	replacement,	inspection	and	life	limit	requirements.

 I	will	carry	out	maintenance,	inspections	and	record-keeping	requirements	

in	accordance	with	the	operating	documents.		Maintenance,	inspection	and	

alterations	will	be	noted	in	the	aircraft	records,	including	total	flight	hours,	

description	of	work	accomplished	and	the	signature	of	the	authorized	person	

returning	the	UAS	to	service.

 Each	UAS operated	will	comply	with	all	manufacturer	Safety	Bulletins.

 An	authorized	person	will	make	an	entry	in	the	aircraft	record	of	the	

corrective	action	taken	against	discrepancies	discovered	between	

inspections.

 Prior	to	operations	conducted	for	the	purpose	of	aerial	videography/	

photography	and	for	real	estate	listing	videos	and	public	and	private	events	

and	similar	operations,	the	PIC	will	have	accumulated	and	logged,	in	a	

manner	consistent	with	14	CFR	61.51(b),	a	minimum	of	25	hours	of	total	

time	as	a	UAS	rotorcraft	pilot	including	at	least	10	hours	logged	as	a	UAS	pilot	

with	a	multi-rotor	UAS.

 Prior	to	operations	conducted	for	the	purpose	of	aerial	

videography/photography	and	for	real	estate	listing	videos	and	public	and	

private	events	and	similar	operations,	the	PIC	will	have	accumulated	and	

logged,	in	a	manner	consistent	with	14	CFR	61.51(b),	a	minimum	of	five	

hours	as	UAS	pilot	operating	the	make	and	model	of	the	UAS	to	be	used	

operations.		The	PIC	will	accomplish	three	take-offs	and	landings	in	the	

preceding	90	days.

 The	PIC	will	not	operate	the	UAS	for	the	purpose	of	aerial	

videography/photography	and	for	real	estate	listing	videos	and	public	and	

private	events	and	similar	operations	unless	the	PIC	has	demonstrated	and	

logged in	a	manner	consistent	with 14	CFR	61.51(b)	the	ability	to	safely	

operate	the	UAS	in	a	manner	consistent	with	the	operating	documents,	

including	evasive	and	emergency maneuvers	and	maintaining	appropriate	

distances	from	people,	vessels,	vehicles	and	structures.

 UAS	operations	will	not	be	conduced	during	night,	as	defined	in	14	CFR	1.1.		

All	operations	will	be	conducted	under	visual	meteorological	conditions	

(VMC).

 The	UAS	will	not	operate	within	five	nautical	miles	of	an	airport	reference	

point	as	denoted	on	a	current	FAA-published	aeronautical	chart.

 The	UAS	will	not	be	operated	less	than	500	feet	below	or	less	than	2000	feet	

horizontally	from	a	cloud	or	when	visibility	is	less	than	three	statute	miles	

from	the	PIC.

 If	a	UAV	loses	communication	or	loses	its	GPS	signal,	it	will	return to	a	

predetermined	location	within	the	planned	operating	area	and	land	or	be	

recovered	in	accordance	with	the	operating	documents.
 The	PIC	will	abort	a	flight	in	the	event	of	unpredicted	obstacles	or	

emergencies	in	accordance	with	the	operating	documents.

 The	PIC	will	not	begin	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	UAS	with	20	percent	battery	power	

remaining.

 Before	conducting	operations,	the	radio	frequency	spectrum	used	for	

operation	and	control	of	the	UAS	will	comply	with	the	Federal	

Communications	Commission	(FCC)	or	other	appropriate	government	

oversight	agency	requirements.

 The	documents	required	under	14	CFR	91.9	and	91.203	will	be	available	to	

the	PIC	at	the	Ground	Control	Station	of	the	UAS	any	time	the UAS	is	

operating.		These	documents	will	be	made	available	to	the	Administrator	or	

any	law	enforcement	official	upon	request.

 The	UAS	will	remain	clear	and	yield	the	right	of	way	to	all	manned	aviation	

operations	and	activities	at	all	times.

 The	UAS	will	not	be	operated	over	congested	or	densely	populated	areas.

 All	operations	will	be	conducted	over	private	or	controlled-access	property	

with	permission	from	the	land	owner/controller	or	authorized	

representative.		Permission	from	the	land	owner/controller	or	authorized	

representative	will	be	obtained	for	each	flight	to	be	conducted.

If	you	have	questions	or	need	additional	information,	please	contact	me	at	

janeada@yahoo.com	or	903/561-0390.

Sincerely,

Jan	Adamson

334	Maggie	Street

Canton,	Texas		75103