July 31, 2015

Paul Katzoff

211 North 900 East

Provo, UT, 84606

CELL: (562) 221-2006

EMAIL: paulkatzoff@gmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: These attachments are too large for submission via the submission portal. 

They are available at this website for viewing or download. 

http://www.dji.com/product/phantom-3/download

1) Phantom 3 Professional User Manual (EN) v1.2 20150729

2) Phantom 3 Professional Quick Start Guide (EN) v1.0 20150520

3) Phantom 3 Safety Guidelines and Disclaimer

References: 

1. FAA Exemption No. 12253 Regulatory Docket No. FAA-2015-2055 in the matter of 

the petition of GERSHWIN THOMAS STEPHEN

2. FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the matter of 

the petition of DOUGLAS TRUDEAU

3. FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 in the matter of 

the petition of ADVANCED AVIATION SOLUTIONS LLC 

4. FAA Exemption No. 11080 Regulatory Docket No. FAA-2014-0355 in the matter of 

the petition of FLYING CAM INC

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under 

section 333 of the FAA Modernization and Reform Act of 2012, I Paul Katzoff, referred to 
hereafter as the petitioner, request exemption from the following sections of Title 14, Code 

of Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1); 

91.409(a)(2); 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) for the purposes of aerial 

photography, videography, mapping, inspections and other flight operations that could be 

performed safely and more cost effectively with the use of small UAS at low altitude within 

the U.S. national airspace system as compared to a manned aircraft. Operations will be 

performed only at the request of and with the authorization and permission of clients or 

their authorized agents in order to facilitate commerce and raise awareness of the 

beneficial uses of small unmanned air systems.

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. The conditions identified 

and proposed by the petitioner are drawn from references 13.

The FARs

The petitioner seeks exemption from the above mentioned FARs for the following reasons;

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of 

pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating under this 

exemption would be required to comply with any conditions as set forth and in a similar 

fashion to the previously granted exemptions.

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations

conducted closer than 500 feet to the ground may require that the UA be operated closer 

than 500 feet to essential persons, or objects that would not be possible without additional 

relief. The petitioner requests modification, waiver or exemption and clarification

concerning the terms “congested areas “and “densely populated”. The petitioner requests 

waiver for this condition to allow reasonable and responsible operations in areas of 

subdivisions and neighborhoods if required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since

the UAS does not have an altimeter and instead utilizes electronics with a barometric 

sensor for altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATIONSOLUTIONS LLC) 

prior relief has been granted for manned aircraft to operate at less than the prescribed

minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS 

specific relief has been granted in Exemption Nos. 8811, 10808,and 10673 for daytime, VFR 
conditions. The UAS provides battery power remaining in percent to the PIC. The UA 

batteries provide approximately 25 minutes of powered flight. Information provided in the 

operating documents discusses procedures regarding remaining battery power 

management. Those documents contain a condition in which the PIC will initiate a landing 

procedure when battery remaining reaches a specified level. Given the limitations on 

proposed operations and the location of those proposed operations, The FAA found that a 

reduced minimum power reserve for flight in daytime VFR conditions was reasonable.

91.405(a);91.407(a)(1);91.409 (a)(1) & (2);91.417(a) & (b) As discussed in Exemption 

11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is 

in a condition for safe flight in accordance with the operating documents. The FAA found 

that adherence to the petitioner’s operating documents and the conditions and limitations 

specified, describing the requirements for maintenance, inspection, and recordkeeping, 

were sufficient to ensure that safety would not be adversely affected. 

The UAS

The DJI Phantom 3 PRO is a highly successful consumer grade small rotorcraft in the 

quadcopter configuration with an advertised weight of less than 46 Ounces (1280g) 

designed primarily to carry aloft a high definition camera. It has an advertised maximum 

speed of less than 32 knots (16m/s) and a maximum climb rate of less than 1000 feet per

minute (5 m/s). It is powered by four electric motors with a distance between motors of less 

than 20 inches (508mm) It utilizes an internal inertial measuring unit (IMU) with integrated 

barometric sensor augmented with global positioning system (GPS) to maintain its 

geospatial orientation and position. It is controlled primarily through an FCC certified radio 

control (RC) unit. Real time video and telemetry information is transmitted back to a ground 

control station allowing the operator and/or PIC to monitor battery level, GPS signal 

strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It 

has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by 

the onboard flight controller and maximum altitude can be preprogrammed by the PIC. 

Battery life limits flight times to approximately 25 minutes. The onboard flight controller 

will warn the pilot via telemetry and external lighting cues before reaching a low battery 

state. An automatic termination of flight and landing will be initiated when the battery 

reaches a predetermined low state. It is anticipated that flights will usually last less than 10

minutes. More information is available in attachment 1 or

http://www.dji.com/product/phantom-3/download

Risk mitigation

The petitioner has reviewed FAA exemptions reference’s 13 Conditions and 

Limitations section and believes that the procedures specified therein are reasonable and
will be utilized in order to manage and mitigate risk and ensure public safety. A Preflight

checklist will be developed and employed to ensure that the UA airworthiness will be 

verified before launch. Airworthiness will be maintained by performance of routine

inspections before each flight, maintaining flight and maintenance logs to record time on 

failure prone components.

The petitioner does request that in a manner similar to reference 3, he be allowed to 

operate within 5 miles of an airport provided that;

“The UA may not operate in Class B, C, or D airspace without written approval from 

the FAA. The UA may not operate within 5 nautical miles of the geographic center of 

a non towered airport as denoted on a current FAA published aeronautical chart 

unless a letter of agreement with that airport’s management is obtained, and the

operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management must be made available 

to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the 

petitioner is requesting a mechanism to facilitate such activities without requesting a new 

and separate exemption(s) should the need arise. Operations within class B airspace are not

requested due to the lack of mode C transponder.

Public interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned aircraft of

greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS in 

order to facilitate commerce could lead to economic growth. Operations for this petition

will enable service for property owners or their designees seeking an enhanced perspective

for characteristics, amenities, and benefits of their desired photographic subjects that 

cannot be displayed through ground level videography/photography. Aerial photography is

a valuable marketing tool that can lead to increased commerce and enhance personal 

photography. Crop surveying applications could lead to decreased use of pesticides and 

fertilizer and conservation of water as well as increased crop yields and decreased costs. 

Aerial surveying and inspections can increase work site efficiency, improve volumetric 

estimations and reduce risks. The petitioner will provide clients with photographic data for

these purposes on a ‘for hire’ basis acting as an independent contractor. A visual observer 

will be utilized. Liability insurance will be obtained commensurate with the granting of this 

request for exemption. Flight data including UA flight time, Control Unit operation time, 

incident, accident, and details concerning any deviations from normal operations will be 

available to FAA for use in collecting data regarding the use of UAS as part of this 

application. This data may be submitted to FAA via traditional means, e.g. COA Monthly

Reports, or other means as required.
Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography, 

videography, mapping, inspections and other flight operations for REAL ESTATE sales and 

services.” The reason for such this petition is that the petitioner wishes to utilize a business 

strategy of horizontal integration and maximize economies of scope in order to capitalize on 

opportunities as they may arise within the profession of Real Estate Sales and services. The 

petitioner's business involves taking photographs and videos of houses, buildings and land 

for Real Estate Sales and Services. The petitioner wishes to showcase properties that will be

listed, marketed and sold. Aerial photographs currently exists in the real estate market and 

is an emerging trend. Although mapping and inspections are included in this request, these 

will be on an as needed basis as the primary objective will be aerial photography of houses, 

buildings and land that will be offered on the Real Estate Market. The petitioner has

refrained from engaging in commercial use of the UAS. The primary purpose of seeking this 

exemption is to obtain the capability to offer those services while remaining in compliance. 

The petitioner has 4 years of experience in the radio control model aircraft hobby, as well 

as a valid drivers license in the state of California. 

Respectfully submitted,

Paul Katzoff