Federal Aviation Administration: I Kenny Brian Campbell 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)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal 

Regulations (14 CFR). This proposed exemption would allow our operation of unmanned aircraft systems 

(UAS) for the purpose of aerial videography and to augment real estate listing videos in various 

metropolitan areas. I will operate various small UAS DJI models, including but not limited to the DJI 

PHANTOM 3 Advanced and or PHANTOM 3 Professional, which is comprised of an unmanned aircraft 

(UA or PHANTOM) with built in camera and a transportable ground station. The DJI PHANTOM models 

are quad-copters with a maximum gross weight of about 3 pounds. They are equipped with four rotors 

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

approximately 30 knots. We will operate the UA over various areas throughout the US to capture aerial 

video and augment real estate listing videos. UAS Operating Parameters .We will abide by the following 

additional operating conditions under this exemption, which ensures a level of safety at least equal to 

existing rules: • operate UAS below 400 feet AGL 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; we 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 5-15 

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 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 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other 

pertinent information; • always obtain all necessary permissions prior to operation; • 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 and airports; • 

conduct extensive preflight inspections and protocols, during which safety carries primary importance. 

UAS Pilot in Command (PIC) All PICs will demonstrate the required aeronautical knowledge and the 

ability to safely operate the UAS in a manner consistent with how the UAS will be operated for the 

requested exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. Specific Exemptions Requested Given the size, 

weight, speed, and limited operating area associated with the UA, we feel an exemption from 14 CFR 

part 21, Subpart H (Airworthiness Certificates) and § 91.203(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). We 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 of this, we 

can mark the UAS in the largest possible lettering by placing the word “Experimental” on its fuselage as 

required by § 45.29(f) so that anyone will see the markings. We 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 our operation, this regulation is inapplicable. We request an exemption from 
§§ 91.405(a), 91.407(a)(1), 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 we will perform a 

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

request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, however 

since there are no pilots or passengers on board the aircraft and given its size, this regulation is 

inapplicable. We believe an equivalent level of safety will be achieved by maintaining a safety/flight 

manual with the UAS ground station. We request an exemption from § 91.119 which prescribes safe 

altitudes for the operation of civil aircraft, but it allows helicopters to be operated at lower altitudes in 

certain conditions. We will not operate our UAS above the altitude of 300 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. We 

request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS utilizes 

electronic GPS with a barometric sensor. We request an exemption from § 91.151(a) Fuel requirements 

for flight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued - per the 

operating documents, the UAV will be landed at the first alert. Also, our flights will last only 5-10 

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 UA with 30% battery power remaining. Public Interest Aerial videography for 

geographical awareness and for real estate marketing has been around for a long time through manned 

fixed wing aircraft and helicopters, but for small business owners, its expense has been cost-prohibitive. 

By granting this exemption we would be able to provide this service at a much lower cost. Further, our 

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 our UAS will minimize eco- logical 

damage and promote economic growth by providing information to companies looking to relocate or 

build in the metro areas we service. Summary We will comply with all of the following conditions and 

limitations should this grant of exemption be provided: 1) Operations will be limited to the following 

aircraft described in the operating documents which is a quad-rotor aircraft weighing less than 3 

pounds: Various DJI PHANTOM models. 2) The UA will not be flown at an indicated airspeed exceeding 

30 knots. 3) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL). 

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times. 5) 

All operations will utilize a visual observer (VO). The UA will be operated within the visual line of sight 

(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 in the operating documents. 

6) 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. 7) 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 properly documented in the aircraft records. 8) Any 

UAS maintenance or alterations 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. 9) 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. 10) We will follow the UAS 

manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit 

requirements. 11) We 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. 12) Each UAS operated will comply with all 

manufacturer Safety Bulletins. 13) An authorized person will make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 14) UAS operations will 

be conducted by a PIC possessing at least a valid US drivers license. 15) The PIC will not operate the UAS 

for the purpose of aerial videography/cinematography and augmenting real estate listing videos (or 

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. 16) UAS operations will not be conducted during night, as defined in 14 

CFR 1.1. All operations will be conducted under visual meteorological conditions (VMC). 17) The UA will 

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published 

aeronautical chart. 18) The UA will 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. 19) If a UA loses 

communications 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. 20) The PIC will 

abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating 

documents. 21) 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 UA 

with 30% battery power remaining. 22) 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. 

23) The UA will remain clear and yield the right of way to all manned aviation operations and activities 

at all times. 24) The UAS will not be operated by the PIC from any moving device or vehicle. 25) Flight 

operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and 

structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. We will 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. 26) All operations will 

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. 27) 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.