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October 22, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 2050

Dear Administrator,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 

C.F.R. Part 11, Caniff Aerial Imaging LLC, hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft Systems (sUAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such 

operations are conducted with and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333. 

I, James R. Caniff, owner and operator of Caniff Aerial Imaging LLC am an FAA Commercially licensed 

Rotorcraft/Airplane Instrument rated pilot with over 2,000 accident/incident free hours. I am currently a 

Military rated UH-60 A/L/M Instructor Pilot operating for the Kentucky Army National Guard. I will 

oversee all operations and the training of future sUAS pilots conducting business for this company. 

The requested exemption would permit Caniff Aerial Imaging LLC to pursue commercial interests in 

providing services to clients using a small advanced sUAS in the following areas:

 Real Estate

 Marketing

 Land Survey

 Structure survey

 Agriculture

 Special Events

 Private and Governmental training/consulting

All operators conducting commercial drone flights will demonstrate the ability to safely and effectively 

fly the sUAS DJI Phantom 3 Professional prior to being released to conduct business on behalf of Caniff 

Aerial Imaging LLC. Caniff Aerial Imaging LLC will comply with local ordinances and laws regarding 

the operation of sUAS, and will adhere to all weather and environmental restrictions or limitations in 

reference to the operations of sUAS.

I, James R. Caniff, am seeking the exemption because I am committed to complying with all of the rules, 

guidelines, limitations, and future legislation set forth by the FAA. I agree to operate the sUAS in the 

manner that I have described, and for the purposes listed in this document. Without the exemption 

request granted, I would be unable to safely and effectively operate my business and it is my intention to 

comply with the FAA and obtain an exemption of the following regulations.
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I The contact information of the applicant is:

Caniff Aerial Imaging LLC

112 Shermans Lane

Richmond, Kentucky 40475

Phone: 859-333-9394

Email: jimmycaniff@yahoo.com

II The specific sections of Title 14 of the Code of Federal Regulations from which Caniff Aerial 

Imaging LLC request exemption are:

14 C.F.R. 61.101(e) (4) and (5) 

14 C.F.R. 61.113(a) 

14 C.F.R. 61.315(a)

14 C.F.R. 91.7(a) 

14 C.F.R. 91.119(b) and (c)

14 C.F.R. 91.121 

14 C.F.R. 91.151(b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a) (1)

14 C.F.R. 91.409(a) (1) and (2)

14 C.F.R. 91.417(a) and (b)

III Aircraft, Increased Level of Safety and the Public Benefit:

The sUAS, which will be operated by Caniff Aerial Imaging LLC, weighs less than 10 pounds, including 

all equipment as indicated in the attached manual. The sUAS can be maneuvered vertically and 

horizontally at the same time and hover in place. Specifically, the sUAS that Caniff Aerial Imaging 

intends to use is the DJI Phantom 3 Professional. The provided supporting documentation includes the 

user manual, safety guidelines and quick-start guide for this model of UAS. As a requirement for 

compliance, all documentation and relevant manual material for the flight and sUAS will be kept in an 

accessible location that will be available to the PIC at all times. Also, as indicated within the user’s 

manual and to increase the safety of all personnel within the site, the sUAS is equipped with the use of 

GPS and motion sensors which can bring the unmanned aircraft back to the ground safely upon 

command, during low battery levels and loss of communication or GPS signal. 
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IV If the submitted exemption is approved, Caniff Aerial Imaging LLC intends to utilize the sUAS as 

previously stated above with the following conditions and limitations:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 when 

weighing less than 55 pounds including payload. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption 

holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 

knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum 

UA operating airspeed recommended by the aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL. 

5. 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. 

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual 

line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO 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 VO can perform the duties 

required of the VO. 

7. If granted an exemption, the exemption and all documents needed to operate the UAS must be 

accessible during UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations of any exemption and the procedures 

outlined in the operating documents, the conditions and limitations specified 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 or any law enforcement official upon 

request. If the Caniff Aerial Imaging LLC determines that any update or revision would affect 

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

amendment to its grant of exemption. 

8. 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 conducting further operations under this exemption. Functional test flights may 

only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The 

functional test flight must be conducted in such a manner so as to not pose an undue hazard to 

persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. The pre-flight inspection must account for all potential discrepancies, 
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e.g., inoperable components, items, or equipment. 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. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, 

a territory, a possession, or the Federal government. The PIC must also meet the flight review 

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her 

pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a 

manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s 

PICs and VOs (training, proficiency, and experience-building) and determining the PIC’s ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption are permitted under the terms of this 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 CFR § 91.119. 

15. 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. 

16. The UA may not operate within 5 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 the exemption holder. The letter of agreement with the airport management must be 

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

17. 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. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined 

location within the private or controlled-access property. 

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

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

conditions) there is enough available power for the UA to conduct the intended operation and to 

operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations 

shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for 
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a new or amended COA if it intends to conduct operations that cannot be conducted under the 

terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. 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. 

24. The UA must remain clear and give way to all manned aviation operations and activities at all 

times. 

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

26. All Flight operations must 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. 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 in a manner ensuring the safety of nonparticipating 

persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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. The 

PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under 

this exemption. 

27. All operations shall be conducted over private or controlled-access property with permission from 

the property owner/controller or authorized representative. Permission from property 

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

28. 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.

V Specific sections of 14 C.F.R. from which Caniff Aerial Imaging seeks exemption:

14 C.F.R. 61.101 (e) (4) and (5) Recreational Pilots Privileges and Limitations

Section 61.101 (e) (4) and (5) limits recreational pilots to non-commercial operations. Although, these 

flights will be operating an aircraft for compensation or hire, the UAS will not physically carry a pilot or 

any passengers. Therefore, the proposed flight operations can achieve a level of safety that is equal to 

manned aircraft operations, provided that the PIC operating the aircraft holds at least a Recreational Pilot 

Certificate, in lieu of having a Commercial Pilot Certificate. In order to achieve a higher level of safety 

for all personnel involved in the operation of the sUAS, Caniff Aerial Imaging LLC will require that the 

PIC operating the sUAS have at least 100 hours of total flight time experience in an aircraft and hold at 

least a Recreational Pilot Certificate. The level of safety that is provided by the sUAS exceeds that of a 

single individual with a Commercial Pilot Certificate while PIC of a manned aircraft flight. The level of 
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risk associated with the sUAS is far lower than could be achieved on the commercial operation of a 

manned aircraft. Therefore, allowing commercial operation of sUAS as requested with a Recreational, 

Pilot as PIC will surpass the current level of safety provided by 14 C.F.R. Section 61.101 (e) (4) and (5).

14 C.F.R. 61.113(a) Private Pilots Privileges and Limitations: Pilot in Command.

Section 61.113(a) limits Private Pilots to non-commercial operations. Although, these flights will be 

operating an aircraft for compensation or hire, the UAS will not physically carry a pilot or any 

passengers. Therefore, the proposed flight operations can achieve a level of safety that is equal to 

manned aircraft operations, provided that the PIC operating the aircraft holds at least a Private Pilot 

Certificate, in lieu of having a Commercial Pilot Certificate. In order to achieve a higher level of safety 

for all personnel involved in the operation of the sUAS, Caniff Aerial Imaging LLC will require that the 

PIC operating the sUAS have at least 100 hours of total flight time experience in an aircraft and hold at 

least a Private Pilot Certificate. The level of safety that is provided by the sUAS exceeds that of a single 

individual with a Commercial Pilot Certificate while PIC of a manned aircraft flight. The level of risk 

associated with the sUAS is far lower than could be achieved on the commercial operation of a manned 

aircraft. Therefore, allowing commercial operation of sUAS as requested with a Private Pilot as PIC will 

surpass the current level of safety provided by 14 C.F.R. Section 61.113(a).

14 C.F.R. 61.315(a) What are the Privileges and Limits of my Sport Pilot Certificate?

Section 61.315(a) limits Sport Pilots to non-commercial operations. Although, these flights will be 

operating an aircraft for compensation or hire, the UAS will not physically carry a pilot or any 

passengers. Therefore, the proposed flight operations can achieve a level of safety that is equal to 

manned aircraft operations, provided that the PIC operating the aircraft holds at least a Sport Pilot 

Certificate, in lieu of having a Commercial Pilot Certificate. In order to achieve a higher level of safety 

for all personnel involved in the operation of the sUAS, Caniff Aerial Imaging LLC will require that the 

PIC operating the sUAS have at least 100 hours of total flight time experience in an aircraft and hold at 

least a Sport Pilot Certificate. The level of safety that is provided by the sUAS exceeds that of a single 

individual with a Commercial Pilot Certificate while PIC of a manned aircraft flight. The level of risk 

associated with the sUAS is far lower than could be achieved on the commercial operation of a manned 

aircraft. Therefore, allowing commercial operation of sUAS as requested with a Sport Pilot as PIC will 

surpass the current level of safety provided by 14 C.F.R. Section 61.315(a).

14 C.F.R. 91.7(a) Civil Aircraft Airworthiness.

This section requires that the aircraft is in an airworthy condition prior to flight. Caniff Aerial Imaging 

LLC will determine that the DJI Phantom 3 sUAS are in airworthy condition prior to every flight by 

ensuring that the sUAS is in compliance with the operating documents (i.e. Caniff Aerial Imaging LLC 

Standard Operating Procedures, Monthly Maintenance Log, and DJI Phantom 3 Operators Manual). The 

PIC will perform the required pre-flight inspection with the pre-flight checklist as provided in the sUAS

operator’s manual, which will provide an equivalent level of safety.
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14 C.F.R. 91.119(b) and (c) Minimum Safe Altitudes.

Section 91.119 provides the requirements for safe altitudes for civil aircraft operations. As this 

exemption request is for the sUAS which is a “quad-copter” unmanned aircraft, similar to a helicopter, an 

equivalent level of safety will be provided. Based on the operating conditions and limitations for the 

sUAS that will be utilized as well as the safety features of this particular model, all essential and nonessential personnel and property on the surface are provided the highest level of assurance they will not 

be exposed to any hazards due to an emergency or power failure as per part (a). Altitudes will be limited 

to no more than 400 AGL, which will require an exemption from parts (b) and (c). Due to the large 

availability of commerce that can take place in populated areas and the lack of a clear definition of 

“congested” as mention in 91.119(b) and (c), Caniff Aerial Imaging LLC request a relief from section (b) 

and (c). The company will be avoiding all highly populated areas where the possibility of notifying all 

people in the vicinity of the operation would be unrealistic, however, if authorized, Caniff Aerial Imaging 

LLC will conduct operations in subdivisions and similar properties outlying more highly populated areas 

in Kentucky such as Lexington or Louisville, to obtain imagery for Real Estate purposes. These areas 

may or may not be defined as congested areas based on available reference. Risk mitigation will be 

implemented and all persons within a 500 foot radius will be made aware of any and all operations in 

accordance with restrictions previously mentioned in part IV of this document. Currently there are 

manned rotor-craft that operate at altitudes less than the 500 AGL, with more hazardous materials and on 

a larger scale than unmanned aircraft have. Therefore, utilization of sUAS for the purposes mentioned in 

this document will reduce the risk of flights conducted at lower altitudes. No flight will begin without the 

prior approval of the property owners. 

14 C.F.R. 91.121 Altimeter Settings.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the 

DJI Phantom 3 UAS 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 altitude information concerning sUAS 

operations be reported to air traffic control in feet above ground level, Caniff Aerial Imaging LLC seeks 

the requested relief because the DJI Phantom 3 UA’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 C.F.R. 91.121 is sought to the extent necessary 

to comply with the applicable conditions and limitations stated in this document. An equivalent level of 

safety will be maintained since the DJI Phantom 3 sUAS are equipped with a barometric pressure senor 

and GPS equipment, which provides the PIC with altitude information of the UA on the heads up display 

of the GCS. 

14 C.F.R. 91.151(b): Fuel Requirements for Flight in VFR Conditions

For this regulation, all flights in a rotorcraft, during the day require an additional 20 minutes of fuel for 

each flight. However, similar to rotorcrafts, the particular unmanned aircraft that Caniff Aerial Imaging 

LLC uses has a total flight time of approximately 23 minutes as indicated in the user’s manual. With this 

total flight time, it is impossible to have 20 minutes of additional flight time beyond the planned flight 
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time. An equivalent level of safety will be provided because the DJI Phantom 3 has an emergency feature 

equipped which will automatically return to the departure location upon reaching low batter power levels. 

At low battery levels there are several alerts to notify the pilot that the sUAS has a low battery. During a 

low battery level warning, the aircraft status indicator will blink red slowly which is notifying the pilot to 

return the aircraft to the home positon. If, after 10 seconds the pilot does not begin to return the aircraft to 

the home position the aircraft will automatically return to the home position and land while the remote is 

sounding an alarm. By maintaining visual line of sight with the sUAS the aircraft will always be in close 

proximity to the home position. Although the sUAS is equipped with the automatic low battery settings, 

there is a battery level percentage indicator on the remote. With these features incorporated within the 

sUAS and the standard set in the conditions and limitations herein, an equivalent level of safety can be 

provided for this requested exemption.

14 C.F.R. 91.405(a); 407(a) (1), 409(a) (1) and (2); 417(a) and (b): Maintenance, Preventive 

Maintenance, Inspections and Maintenance Records.

These regulations require the aircraft owner or operator to have the aircraft inspected and maintained in 

accordance with part 43 of this chapter. It is understood that these regulation sections apply to aircraft 

that have an airworthiness certificate, therefore the above mentioned sections will not apply to the 

operations of the sUAS. The operator of the sUAS will perform all required and periodic maintenance as 

indicated within the user manual and any supporting documents included with the sUAS being used. Due 

to the small scale of the unmanned aircraft systems and specific area of operations, this can be achieved 

by the operator, and an equivalent level of safety will be provided. In the event that any extensive 

mechanical repairs are required, these tasks will be performed by the aircraft manufacturer if needed. 

During any flight, if mechanical failures occur, the sUAS will immediately terminate the flight and return 

to land. As indicated previously, preflight inspections will take place prior to all flight operations to 

verify all systems and equipment are functioning properly. Any maintenance performed by the operator 

will be logged appropriately for documentation. Overall, to provide an equal level of safety, the aircraft 

will be maintained in an airworthy condition by the operator.

VI Summary

Pursuant to 14 C.F.R part 11, the following is a summary to be provided for publication in the Federal 

Register if needed:

Caniff Aerial Imaging LLC is seeking an exemption from the following regulations:14 C.F.R. Part 

61.101(e) (4) and (5); 61.113(a); 61.315(a); 91.7(a); 91.119(b) and (c); 91.121; 91.151(b); 91.405(a); 

91.407(a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b) for the commercial operation of its small 

Unmanned Aircraft Systems for Real Estate, Marketing, Land Survey, Structure Survey, Agriculture, 

Special Events, and Private and Governmental Training/Consulting. The approval of exemptions to allow 

commercial operations of UASs in the above mentioned areas will greatly enhance safety and reduce risks 

associated with these activities in the past. The conventional methods included the use of manned aircraft 

or rotorcraft, which pose a greater risk to personnel involve. By the use of the sUAS that will carry no 

passengers or crew, this will eliminate the majority of the risks associated with these tasks. The 

operations of the sUAS that will be conducted in the specific conditions listed above will provide a high 

level of safety while conducting commercial operations. 
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VII Conclusion

As set forth herein, Caniff Aerial Imaging LLC seeks an exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 

sUAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial 

imaging 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 Caniff Aerial Imaging LLC to safely, efficiently, and 

economically operate the DJI Phantom 3 sUAS commercially within the NAS.

Very Respectfully,

 /S/

James R. Caniff

112 Shermans Lane

Richmond, Kentucky, 40475

859-333-9394

jimmycaniff@yahoo.com

Appendix – A

Glossary of Abbreviations

AGL Above Ground Level

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

NAS National Airspace System

PIC Pilot in Command

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

SOP Standard Operating Procedure

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer
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Appendix – B

DJI Phantom 3 Professional Operators Manual
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