U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue 

SE Washington, DC 20590 

November 17,2015 

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe 

FAA Regulations and certain parts of the F ARs. 

Dear Sir or Madam: 

Request: 

In order to provide safe apd environmentally-friendly aerial videography and 

photography for and public business interests, I, Evan Brown, pursuant to Section 333 of 

the FAA Modernization and Reform Act of2012 ("FRMA"), would like to formally 

submit for exemptions from the following Section 333 regulations: 

• 14 C.F.R. Part 21 

• 14 C.F.R. 45.23(b) 

• 14 C.F.R. 61.113(a) and (b) 

• 14 C.F.R. 91.7(a) 

• 14 C.F.R. 91.9(b)(2) 

• 14 C.F.R. 91.119(c), 

• _ 14 C.F.R. 91.121, 

• 14 C.F.R. 91.151(a)(l), 

• 14 C.P.R. 91.203(a) and (b), 

• 14 C.F:R. 91.405(a), 

• 14 C.F.R. 91.407(a)(l), 

• 14 C.F.R. 91.409(a)(l) and (2), 

• 14 C.P.R. 91.417(a) and (b) 

I am requesting these exemptions so that I may safely operate the DJI Phantom 3 

Professional UAS commercially along the guidelines of the accompanying operator's 

manual as well as P AA guidelines for U AS flight and safety guidelines set by the 

Academy ofModel Aeronautics (AMA). 

Proposed UAS and Operations 

The DJI Phantom 3 Professional weighs less than three pounds, will always be flown 

under 400 feet limited via software by its GPS and barometric sensors, is electrically 

powered by a lithium ion battery, carries no combustible fuel or crew, and will be 

transported in proper storage to and from all flight areas (in accordance with FAA 
guidelines). The aforementioned proposed exemptions would allow me to operate the DJI 

Phantom 3 Professional UAS for commercial purposes of aerial videography and 

photography as a service to public and business interests, including: real-estate 

photography and videography, wedding and private individual photography and 

videography, public and commercial photography and videography, and agricultural 

photography and videography. Being a graduate student in Professional Media and Media 

Management at Southern Illinois University Carbondale, I would also use this UAS to 

produce projects for my classes and graduate assjstantship duties, the products of which 

may be published in local area businesses and on their respective websites. 

As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved 

similar use of the DJI Phantom 3 Professional UAS. These particular UAS have been 

proven reliable and safe flying machines managed by gyroscopically-stabilized flight, 

ground detection, GPS-aided navigation, a built-in compass, blinking LED lights, a 

manual and automatic failsafe "Return To Home" mode for returning to the point of 

takeoff, and propeller guards in order to protect both the U AS and the environment. This 

particular model combines state-of-the-art, proven technology with high quality 

manufacturing and user-friendly control to ensure safe operation and easy maintenance 

and care. 

Specific section(s) of 14 CFR which I seek relief and the reason(s) I seek relief: 

14 C.F.R. Part 21: Airworthiness Certificates 

Given the size and limited operating area associated with the UAS to be utilized, an 

exemption from Part 21 meets the requirements of an equivalent level of safety under 

Part 11 and Section 333 of the Reform Act. As evidenced in Exemption No. 12045, "in 

all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed 

will be at least as safe, or safer, than conventional aircraft operating with an airworthiness 

certificate without restrictions and conditions proposed." 

14 C.F.R. 45.23: Display of marks: general 

Because the DJI Phantom 3 Professional does not have a cabin, cockpit, pilot station, 

fuselage, boom, or tail on which to mark large words, numbers, or phrases, I request 

exemption from the above regulation. However, in efforts to comply with the above 

regulation and those set by the Academy of Model Aeronautics (AMA), I will affix a 

. small label to the external hull of the UAS indicating my name, address, and my AMA 

Member Number. 

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command 

Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial 

operations. However, I am able to achieve an equivalent level of safety through current 
FAA regulations ofUAS operation and AMA safety guidelines (outlined in the summary 

of this document) without such a certification because of the above mentioned safety 

features of the DJI Phantom 3. According to Exemption No. 12045 in which the DJI 

Phantom 3 Professional was authorized for similar operation, "The FAA has previously 

declared that additional manned airship experience of a commercially certified pilot 

would not correlate to the airmanship skills necessary for similarly proposed operations 

in previously issued exemptions to this regulation through Exemption Nos. 11062 and 

11138." Therefore, bearing any pilot certification or license will not ensure remote 

piloting skills of a UAS; the risks of operating this UAS are far less than the risk levels 

inherent in commercial activities with traditional aircraft given the DJI Phantom's safety 

features and the limited range and speed of the UAS. The FAA has approved a similar 

exemption to the above rule as evidenced in Exemption No. 12058. 

14 C.F.R 91.7: Civil aircraft airworthiness 

Currently there is no certificate applicable to this UAS, and therefore it will be up to 

myself, Evan Brown, to determine the airworthiness of the DJI Phantom 3 in accordance 

with its official operating manual. Written and signed pre and post-flight inspections of 

the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet 

devices, a compass calibration and properly ensured GPS locks as indicated by the DJI 

Phantom's display of"Safe to Fly" message will be perfoimed before and after each 

flight, accurate records of which will be kept with the UAS's storage and transportation 

system at all times. These records will be dated and will include the total flight time of 

each flight. 

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements 

As evidenced in Exemption 12045, since there are "no pilots or passengers on board this 

aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a safety/flight manual with the operator." In addition to 

the official safety/flight manual provided by DJI upon purchase of the Phantom 3, 

following the AMA guidelines for safe flight operations and the FAA regulations for 

UAS operations will ensure a high level of safety. 

14 C.F.R. 91.119(c): Minimum safe altitudes 

I, Evan Brown will ensure that the UAS does not operate any higher than 400 feet at 

ground level by setting the maximum altitude at 400 feet in DJI's pilot application and 

ensuring this is set before each flight as part of the pre-flight inspection. I will not fly 

over congested areas or directly above unprotected people or moving vehicles. I will plan 

operations before hand for proper flight safety and proper height analysis as to avoid 

collisions. The GPS and barometric sensors equipped on the DJI Phantom 3 will ensure 

accurate altitude readings, the output of which will be fed to my tablet device in real time 

as I operate the UAS. 
14 C.F.R. 91.121: Altimeter settings 

The DJI Phantom 3 utilizes the latest GPS/GLONASS technologies as well as a 

barometric sensor with live data output to the tablet device attached to the transmitter. An 

equivalent level of safety and accurate altimeter telemetry will be achieved by using this. 

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions 

The DJI Phantom 3 is electrically-powered by lithium ion batteries which are made by 

DJI specifically for this particular UAS. They are rated as providing no longer than 25 

minutes of flight time. Therefore, due to the limitations of the batteries, it is currently 

impossible to comply with part 91.151. 

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required 

Currently, there are no procedures for providing airworthiness certificates for the 

mentioned UAS. I, Evan Brown, however will always fly safely while having the 

manuals ofthe DJI Phantom 3 and abiding by FAA regulations for UAS operation and 

AMA safety guidelines. 

14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after 

maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(l) 

and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records 

Maintenance inspections may be required and should be granted since they apply to 

aircraft with an airworthiness certificate. However I, Evan Brown, will perform both 

preflight and post-flight inspections of the UAS before and after each flight as outlined in 

the operating documents. I, Evan Brown, will also follow manufacturer recommendations 

from said operating documents and keep a written record of any maintenance done to the 

UAS. 

Public Interest and Public Safety: 

Aerial photography and videography provided to the public allows for a more 

cost-effective, safe, and environmentally-friendly method to capturing imagery than its 

alternative: manned aircraft and helicopters. The latter are expensive to operate and 

maintain, create a high level of noise, and are much more hazardous due to size and 

combustible fuel - especially if flown at low altitudes required for some operations. I, 

Evan Brown, in addition to using my UAS for commercial endeavors, will also gladly 

offer my services free of charge upon request and with proper coordination to any official 

search and rescue or emergency services organization to benefit the public. Because of 

this, an increase of commercial activity and a gaining of more detailed understanding of 

private and/or farm land would help local and area communities by: reducing pollution, 

risk, and operating costs by alternative aerial video and photography services such as 
manned airplanes and helicopters, reducing carbon emissions and traffic congestion by 

vehicles looking to view properties such as real-estate or farm land, and increase 

visibility to local attractions thereby bolstering local commerce and tourism. 

Given that there is no fuel and no crew on this UAS, that it weighs under three pounds 

and has propeller guards, as well as having a low maximum speed (less than 25mph), safe 

operation of this craft does not pose any immediate danger to the environment, wildlife, 

infrastructure or people. DJI has built in a "No Fly Zone" for major cities and points of 

interest that have registered as a "do not fly zone." Operation of the Phantom 3 cannot 

happen in these locations, as any flight capabilities becomes blocked by the UAS itself if 

within range and the operator is notified. Given its GPS and ground-sensing capabilities, 

a failsafe "Return To Home" mode will safely return the craft to the operator at the push 

of a single button or automatically when the craft is either low on power or operating 

outside of its transmitter's range. This ensures that the craft will not remain airborne in 

unsafe conditions and pose any public danger. 

Summary 

I, Evan Brown, am seeking exemption from the following rules: 14 C.F .R. Part 21, 14 

C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 

91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 14 C.P.R. 91.203(a) and (b), 14 

C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(l) and (2), 14 C.F.R. 

91.417(a) and (b). With the exemptions of the mentioned rules I, Evan Brown, will be 

seeking to make my UAS photography/videography services available to public and 

commercial interests. The FAA has authorized similar operations under Exemption Nos. 

12045 and 12053. Alternatively, public and commercial interests had previously sought 

the use of manned aircraft to achieve what I can offer in a safer, more cost-efficient and 

environmentally-friendly manner by not using combustible fuel, flying at safe heights and 

strictly following the usage recommendations from DJI and safety procedures by the 

Academy of Model Aeronautics. These include but are not limited to: 

• Flying the DJI Phantom 3 safely in accordance with its operator's manual 

• Maintaining active and full membership in the Academy of Model Aeronautics 

(AMA), which provides' a high level of insurance and training programs to its members. 

• Always flying below 400 feet, using the DJI Phantom's altitude limiter to ensure this. 

• Completing thorough inspection ofUAS before and after flights and keeping inspection 

records with the craft at all times 

• Keeping the UAS in visual sight at all times when in operation 

• Using an observer to assist if needed 

• Remaining safely clear of and do not interfere with manned aircraft operations 

• Not flying directly over unprotected persons or moving vehicles 

• Not flying within 5 miles of an airport or control tower 

• Not flying in adverse weather conditions such as high winds, rain, or impaired visibility 

• Not flying under the influence of alcohol or drugs 
• Ensuring the operating environment is safe 

• Not flying over sensitive infrastructure or property such as power stations, water 

treatment facilities, correctional facilities, etc. 

• Checking and following all local laws and ordinances before flying over private 

property 

• Not conducting surveillance or photographing persons in areas where there is an 

expectation of privacy without the individual's permission 

In addition to these above general standards, I, Evan Brown, will follow and abide by the 

following AMA safety guidelines: 

A. [DEFINITION]: A "model aircraft" is a non-human-carrying aircraft capable of 

sustained flight in the atmosphere. [This includes UAS such as the Dll Phantom 3]. 

1. Model aircraft will not be flown: 

(a) In a careless or reckless manner. 

(b) At a location where model aircraft activities are prohibited. 

2. Model aircraft pilots will: 

(a) Yield the right of way to all human-carrying aircraft. 

(b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA 

Document #540-D.) 

(c) Not fly higher than approximately 400 feet above ground level or within five 

miles of an airport. 

(d) Not interfere with operations and traffic patterns at any airport, heliport or 

seaplane base. 

(e) Not exceed a takeoffweight, including fuel, of 55 pounds. (AMA Document 

520-A.) 

(f) Ensure the aircraft is identified with the name and address or AMA number of 

the owner on the inside or affixed to the outside of the model aircraft. 

(g) Not operate aircraft with metal-blade propellers or with gaseous boosts (AMA 

Document #555.) 

(h) Not operate model aircraft while under the influence of alcohol or while using 

any drug that could adversely affect the pilot's ability to safely control the 

model. 

(i) Not operate model aircraft carrying pyrotechnic devices that explode or bum, 

or any device which propels a projectile or drops any object that creates a 

hazard to persons or property. 

G) Not operate a turbine-powered aircraft, unless in compliance with the AMA 

turbine regulations. (AMA Document #510-A.) 

3. Model aircraft will not be flown in AMA sanctioned events, air shows or model 

demonstrations unless: 

(a) The aircraft, control system and pilot skills have successfully demonstrated all 

maneuvers intended or anticipated prior to the specific event. 
(b) An inexperienced pilot is assisted by an experienced pilot. 

4. When and where required by rule, helmets must be properly worn and fastened. They 

must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply 

with comparable standards. 

B. RADIO CONTROL (RC) 

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or 

structures and shall avoid endangerment of life and property of others. 

2. A successful radio equipment ground-range check in accordance with manufacturer's 

recommendations will be completed before the first flight of a new or 

repaired model aircraft. 

3. At all flying sites a safety line(s) must be established in front of which all flying takes 

place. (AMA Document #706.) 

(a) Only personnel associated with flying the model aircraft are allowed at or in 

front of the safety line. 

(b) At air shows or demonstrations, a straight safety line must be established. 

(c) An area away from the safety line must be maintained for spectators. 

(d) Intentional flying behind the safety line is prohibited. 

4. RC model aircraft must use the radio-control frequencies currently allowed by the 

Federal Communications Commission (FCC). 

5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing 

flying site without a frequency-management agreement. (AMA Documents #922 and 

#923.) 

6. With the exception of events flown under official AMA Competition Regulations, 

excluding takeoff and landing, no powered model may be flown outdoors 

closer than 25 feet to any individual, except for the pilot and the pilot's helper(s) located 

at the flightline. 

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in 

flight while it is still under power, except to divert it from striking an 

individual. 

9. The pilot of an RC model aircraft shall: 

(a) Maintain control during the entire flight, maintaining visual contact without 

enhancement other than by corrective lenses prescribed for the pilot. 

(c) Fly using the assistance of autopilot or stabilization system only in 

accordance with the procedures outlined in AMA Document #560. 
C. FREE FLIGHT 

1. Must be at least 100 feet downwind of spectators and automobile parking when the 

model aircraft is launched. 

2. Launch area must be clear of all individuals except mechanics, officials, and other 

fliers. 

3. An effective device will be used to extinguish any [fire] on the model aircraft. 

4. The flying area must be clear of all utility wires or poles and a model aircraft will not 

be flown closer than 50 feet to any above-ground electric utility lines. 

5. The flying area must be clear of all nonessential participants and spectators before the 

engine is started. 

I thank you for your time and effort in processing this request and look forward to 

cooperating with the FAA in its continued commitment for the safe operation ofUAS. 

Sincerely, 

Evan Brown 

612 E. Campus Drive Apt. C7 

Carbondale, IL 62901 

ebrownent7 @gmail.com 

773-632-6219