September 15, 2015 

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Petitioner: 

Bryan Phillips Photography 

Bryan Phillips, Owner 

4141 Hearthside Drive Unit 301 

Wilmington, NC 28412 

Tel: 910-620-1858 

Email: bryanphillips186@hotmail.com

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)(1); 91.409(a)(1) and (2); 91.417(a) and (b). 

To Whom It May Concern, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, I, Bryan Phillips, 

operator of an Unmanned Aircraft System (UAS) hereby apply, on behalf of Bryan Phillips 

Photography for an exemption from the listed Federal Aviation Regulations (FARs) to allow 

commercial operation of its UAS, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the Federal Aviation Administration 

(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), 91.19, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 

91.409(a)(2), 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 photography and videography primarily of real estate property, boats, marine 

property and landscape. 
Commercial operation of an UAS, as described herein, which are equipped with camera and 

sensors, would operate in the following manner: 

 1) Aerial photography and / or video for public and / or private use including real estate, 

marine property, boats and other related professional activities. 

 2) Aerial video and / or photography for public and / or private use including public and 

private events. 

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

UAS as set forth in this document under controlled conditions in the National Airspace System 

that would be (a) limited, (b) controlled, (c) predetermined and (d) safe. Approval of this 

exemption would increase public awareness of UAS operations and enhance safety to aid in 

fulfilling the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to 

“.....establish requirements for the safe operation of such aircraft systems in the national airspace 

system.” 

The UAS 

I plan to operate a UAS, the DJI Inspire 1 which is comprised of an unmanned aircraft and a 

transportable ground station. The Inspire 1 is referred to as a quad-copter with a maximum gross 

weight of about 6.5 pounds which has a 4K camera attached by a gimbal. It is equipped with 

four rotors that are driven by electric motors which is powered by a battery. The Inspire 1 has a 

maximum airspeed of 22 m/s. It is equipped with an on board flight computer with GPS 

navigation and location ability that receives signals for flight controls from a ground based 

transmitter / controller. It has an on board camera capable of capturing imagery in the form of 

full color, high definition still photos and video. The on board telemetry system delivers flight 

data from the on board flight computer to the on board radio transmitter including altitude 

(AGL), horizontal and vertical speed, compass direction of flight and direction back to its launch 

site. It also has a 2.4GHz on board radio transmitter that transmits live video from the on board 

camera plus all the flight data from the telemetry system. 

UAS Operating Parameters 

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

a level of safety at least equal to the 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 observations; 

• 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; 

• land UAS prior to the manufacturers 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; 

• contact respective airports if operations will be within five (5) miles to advise them of the 

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, 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 carriers primary 

importance (reference DJI Inspire 1 User Manual). 

Any Pilot in Command (PIC) operating that UAS will have accumulated and logged, in a 

manner consistent with 14 CFR 61.51(b), 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 5 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 3 take-offs and landings in the preceding 90 days (for accuracy 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 § 91.203(a) and (b) 

(Certifications Required), subject t 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 for § 45.23 Marking of the aircraft because the US will not have a cabin, 

cockpit or pilot station on which to mark certain word 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, I 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. 

I request and 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. 

I 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 I will perform a preflight inspection of the UAS before each 

flight. 

I request and 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. I believe and 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 it 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 

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 immediate landing when a low battery is detected. 

The pilot in command (PIC) will not begin a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly to the first point intended landing and, assuming 

normal cruising speed, land the UA with 30% battery power remaining. 

Risk Mitigation 

I have reviewed the FAA exemption reference’s 1-3 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 

used 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. These documents will be made 

available to the FAA to assist in future implementation of safety standards and regulations. I will 

only operate the UAS over designated properties with the owners consent. Flight plans will be 

predetermined to limit the UASs flight time and limit safety concerns. I will take into account 

the distance from persons and potential flight obstacles prior to operating the UAS. UAS 

operation will always be within visual line of site of the pilot in control and the observer. 
Public Interest 

Aerial Photography and videography for real estate, marine property, boats and landscape are 

proven strategies to enhance marketing efforts and increase business success. This industry is 

not new. However, until recently it was conducted through the use of costly manned aircraft, a 

prohibitive business activity for small companies. By granting this exemption I would be able to 

provide professional work at affordable prices. 

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 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 needs that cannot be displayed through ground level 

photography and videography. Aerial photography is a marketing tool that can enhance my 

personal photography. A visual observer will be utilized at all times. Flight data including UA 

flight time, control unit operation time, incident, accident and details concerning and deviations 

from normal operations will be available to the FAA for use in collecting data regarding the use 

of UAS as part of this application. 

Conclusion 

I’m requesting this exemption for the purposes of “aerial photography and videography”. My 

business is based upon the idea of offering a UAS service to individuals or companies who wish 

to employ my services as a safe, effective and legal option to enhance their business. I have 

refrained from engaging in any 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 with 

all FAA Rules and Regulations. 

The limitations and conditions to which I agree to be bound when conducting commercial 

operations under a FAA issued exemption including: 

• The UAS will weigh less than 55 pounds; 

• Flights will be operated within line of sight of the Pilot in Command; 

• Maximum total flight time for each operational flight will be 15 minutes; 

• Flights will be terminated at 15% battery power reserve; 

• Flights will be operated at an altitude of no more than 400 feet AGL; 

• UAS operator will be trained in the proper safety and operations of the UAS; 

• The UAS operator will only operate within a controlled area as defined; 

• The operator will post advisor notice around the controlled area; 

• The operator will have been trained in operation of UAS generally and receive up to date 

information on the particular UAS to be operated as required; 

• If the UAS loses communications or loses its GPS signal, the UAS will have the capability to 

return to a pre-determined location within the security perimeter and land; 
• The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

Thank you for your time and consideration in this matter. If you have any questions or concerns 

please feel free to contact me at: bryanphillips186@hotmail.com or (910) 620-1858. 

Sincerely, 

Bryan Phillips, Owner 

Bryan Phillips Photography