1

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

 DON KEETON PHOTOGRAPHY, INC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION 

OF DJI Phantom 2 AND DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS  PURSUANT 

TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 14, 2015

Don Keeton Photography, Inc.

Attn. Don Keeton

3152 Coastal Highway

Saint Augustine, FL 32084-2215

904-824-2516

don@donkeetonphotography.com
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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS................................................................................... ......3

SUMMARY............................................................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER...........................................................4

BACKGROUND.......................................................................................................................4

BASIS FOR PETITION............................................................................................................5

NAME AND ADDRESS OF PETITIONER...............................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DON KEETON 

PHOTOGRAPHY, INC.

SEEKS EXEMPTION...................................................................................................7

THE EXTENT OF RELIEF DON KEETON PHOTOGRAPHY, INC. SEEKS AND THE 

REASON DON KEETON PHOTOGRAPHY, INCSEEKS THE 

RELIEF.....................................................................................................................10

THE REASONS WHY GRANTING DON KEETON PHOTOGRAPHY, INC.’S 

REQUEST WOULD BE IN THE PUBLIC INTEREST ..............................................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY.......................................................................................................16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.................30

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT DON KEETON'S REQUEST..............................................................30

CONCLUSION........................................................................................................................31

APPENDICES.......................................................................................................32
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

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

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

DON KEETON PHOTOGRAPHY, INC seeks exemption from the requirements of 14 C.F.R 

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit DON 

KEETON PHOTOGRAPHY, INC. to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of real estate, and 

landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

DON KEETON PHOTOGRAPHY, INC. provides his clients with photography and video 

services of properties and buildings for the purpose of advertising and promotion. The

objective of DON KEETON PHOTOGRAPHY, INC. and his aerial operations is to provide 

high quality imaging for a variety of commercial, public, and residential uses, specifically 

targeting:

• Residential Construction

• Real-estate marketing

• Resort property marketing

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3 UASs

DON KEETON PHOTOGRAPHY, INC. seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 2 and DJI Phantom 3 are vertical takeoff 

and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight of 

approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches,

height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 

has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 

inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI 

Phantom 2 and DJI Phantom 3UAs are equipped with four main rotors; driven by Lithium 

Polymer battery powered electric motors.
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BASIS FOR PETITION

Petitioner, DON KEETON PHOTOGRAPHY, INC., pursuant to the provisions of the 

Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform 

Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the Administrator to commercially operate the DJI Phantom 2 and DJI 

Phantom 3 UASs in the National Airspace System (NAS), and for an exemption from the 

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, DON KEETON PHOTOGRAPHY, INC. operation of DJI 

Phantom 2 and DJI Phantom 3 UASs meets the conditions of FMRA Section 333 and 

therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H.

Accordingly, DON KEETON PHOTOGRAPHY, INC. requests relief from Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set 

forth requirements for maintenance that only apply to aircraft with an airworthiness 

certificate.

DON KEETON PHOTOGRAPHY, INC. submits that the requested relief is proper since an 

equivalent level of safety will be ensured. DON KEETON PHOTOGRAPHY, INC. will use 

experienced personnel or technicians to perform maintenance, alterations, or preventive 

maintenance on the UASs using the methods, techniques, and practices prescribed in the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 

Instruction Manual). Furthermore, DON KEETON PHOTOGRAPHY, INC. will document and 

maintain all maintenance records for the DJI Phantom 2 and DJI Phantom 3 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command, is requested by DON KEETON 

PHOTOGRAPHY, INC. to the extent necessary to allow a Pilot in Command (PIC) holding a 

private pilot or higher level certificate, as well as an airman medical certificate, and who has 

demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 2 and DJI Phantom 3 UASs in a manner consistent 

with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.
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DON KEETON PHOTOGRAPHY, INC. seeks relief from Section 91.7(a), entitled 

Civil aircraft airworthiness, because the DJI Phantom 2 and DJI Phantom 3 UASs 

do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. As such, DON KEETON PHOTOGRAPHY, INC. submits that he will 

ensure that the DJI Phantom 2 and DJI Phantom 3UASs are in an airworthy 

condition, prior to every flight, by determining that the UASs are in compliance with 

the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and 

DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe 

flight. He will utilize the preflight instructions provided by DJI to ensure 

airworthiness checks prior to each flight.

DON KEETON PHOTOGRAPHY, INC. also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 

and DJI Phantom 3 UAs will not have a typical barometric altimeter onboard. 

However, altitude information of the DJI Phantom 2 and DJI Phantom 3UAs will 

be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for 

active monitoring of the flight path. This altitude information, combined with DON 

KEETON PHOTOGRAPHY, INC.’s operation of the DJI Phantom 2 and DJI 

Phantom 3 UASs within visual line of sight, at or below 500 feet AGL, will ensure 

a level of safety equivalent to Section 91.121.

Additionally, DON KEETON PHOTOGRAPHY, INC. seeks an exemption from 

the requirements of Section 91.151(b), entitled Fuel requirements for flight in 

VFR conditions. DON KEETON PHOTOGRAPHY, INC. submits that safety will 

not be affected by operation of the DJI Phantom 2 and DJI Phantom 3 UAs 

during daylight hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with enough battery power to fly for a total duration of 

approximately 14.5 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, DON KEETON 

PHOTOGRAPHY, INC. provides the following information in support of 

its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

DON KEETON PHOTOGRAPHY, INC.

ATTN: Don Keeton

3152 Coastal Highway

Saint Augustine, Fl 32084-2215

904-571-8129

don@donkeetonphotography.com
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B. The Specific Sections Of 14 C.F.R. From Which DON KEETON 

PHOTOGRAPHY, INC. Seeks Exemption.

1. DON KEETON PHOTOGRAPHY, INC. Seeks Exemption From The 

Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in 

command, subsections (a) and (b) prescribe the following, in relevant 

part:

(a) No person who holds a private pilot certificate may act as a pilot 

in command (PIC) of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for 

compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an 

aircraft in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or 

hire.

2. DON KEETON PHOTOGRAPHY, INC. Seeks Exemption From The 

Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), 

states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. DON KEETON PHOTOGRAPHY, INC. Seeks Exemption From The 

Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the 

following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an 

altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the 

route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph 

(a)(1)(i) of this section, the current reported altimeter setting of 
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an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the 

elevation of the departure airport or an appropriate altimeter 

setting available before departure.

4. DON KEETON PHOTOGRAPHY, INC. Seeks Exemption From The 

Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, 

subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions 

unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 20 minutes.

5. DON KEETON PHOTOGRAPHY, INC. Seeks Exemption From The 

Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the 

following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this 

part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed 

in part 43 of this chapter[.]

6. DON KEETON PHOTOGRAPHY, INC. Seeks Exemption From The 

Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive

maintenance, rebuilding, or alteration, subsection (a)(1), states the 

following:

(a) No person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration 

unless--

(1) It has been approved for return to service by a person 

authorized under § 43.7 of this chapter[.]
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7. DON KEETON PHOTOGRAPHY, INC. Seeks Exemption From The 

Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may 

operate an aircraft unless, within the preceding 12 calendar months, it 

has had --

(1) An annual inspection in accordance with part 43 of this chapter 

and has been approved for return to service by a person authorized 

by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter.

8. DON KEETON PHOTOGRAPHY, INC. Seeks Exemption From The 

Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), 

state the following:

(a) Except for work performed in accordance with §§ 91.411 and 

91.413, each registered owner or operator shall keep the following 

records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and 

alteration and records of the 100-hour, annual, progressive, and 

other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person 

approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each 

propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, 

engine, propeller, rotor, and appliance.
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(iii) The time since last overhaul of all items installed on the 

aircraft which are required to be overhauled on a specified 

time basis.

(iv) The current inspection status of the aircraft, including 

the time since the last inspection required by the 

inspection program under which the aircraft and its 

appliances are maintained.

(v) The current status of applicable airworthiness directives 

(AD) and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision 

date. If the AD or safety directive involves recurring action, the 

time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this 

chapter for each major alteration to the airframe and 

currently installed engines, rotors, propellers, and 

appliances.

(b) The owner or operator shall retain the following records for the 

periods prescribed:

(1) The records specified in paragraph (a)(1) of this section 

shall be retained until the work is repeated or superseded by 

other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section 

shall be retained and transferred with the aircraft at the time 

the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator 

under § 43.11 of this chapter shall be retained until the defects are 

repaired and the aircraft is approved for return to service.

C. The Extent Of Relief DON KEETON PHOTOGRAPHY, INC.

Seeks And The Reason DON KEETON PHOTOGRAPHY, INC. Seeks 

The Relief.

1. Extent Of Relief DON KEETON PHOTOGRAPHY, INC. Seeks And The 

Reason DON KEETON PHOTOGRAPHY, INC. Seeks Relief From Section 

61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 
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limitations: Pilot in command, is requested to the extent necessary to allow a PIC 

holding a private pilot or higher level certificate, as well as a current and valid 

airman medical certificate, and who has met certain flight-hour and currency 

requirements, to conduct the proposed UAS flight operations for compensation or 

hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) 

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to 

that business or

employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire.

As set forth more fully below, DON KEETON PHOTOGRAPHY, INC. submits that 

an equivalent level of safety will be maintained because no PIC will be allowed to 

operate the DJI Phantom 2 UAS or DJI Phantom 3 UAS unless that PIC has met 

certain flight-hour and currency requirements, demonstrating that the PIC is able to 

safely operate either the DJI Phantom 2 or DJI Phantom 3 UAS in a manner 

consistent with the operations specifications as described in this exemption, 

including evasive and emergency maneuvers, as well as maintaining appropriate 

distances from people, vessels, vehicles and structures.

Further, DON KEETON PHOTOGRAPHY, INC. submits that all flights of the DJI 

Phantom 2 and DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant 

of this Petition: (1) will be incidental to DON KEETON PHOTOGRAPHY, INC.’s 

business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief DON KEETON PHOTOGRAPHY, INC. Seeks And The 

Reason DON KEETON PHOTOGRAPHY, INC. Seeks Relief From 

Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow DON KEETON PHOTOGRAPHY, INC. to determine that 

the DJI Phantom 2 and DJI Phantom 3 UASs are in airworthy condition prior to 

every flight by ensuring that the UAS is in compliance with the operating 

documents (i.e., the DON KEETON PHOTOGRAPHY, INC. Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 

Instruction Manual).

DON KEETON PHOTOGRAPHY, INC. seeks the requested relief because the DJI 

Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DON KEETON 

PHOTOGRAPHY, INC. will ensure that the DJI Phantom 2 and DJI Phantom 3 

UASs are in airworthy condition based upon its compliance with the operating 
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documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 

3 Instruction Manual) prior to every flight, and further, determine that the aircraft 

are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief DON KEETON PHOTOGRAPHY, INC. Seeks And The 

Reason DON KEETON PHOTOGRAPHY, INC. Seeks Relief From 

Section 91.121.

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

operations of the DJI Phantom 2 and DJI Phantom 3 UASs, 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 UAS 

operations be reported to air traffic control (ATC) in feet above ground level 

(AGL), DON KEETON PHOTOGRAPHY, INC. seeks the requested relief 

because the DJI Phantom 2 and 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 CFR 

91.121 is sought to the extent necessary to comply with the applicable conditions 

and limitations stated below. As more fully set forth herein, an equivalent level of 

safety will be maintained since the DJI Phantom 2 and DJI Phantom 3 UAs are 

equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior 

to each flight, and provides the PIC with altitude information of the UA on the 

heads-up display of the GCS.

4. Extent Of Relief DON KEETON PHOTOGRAPHY, INC. Seeks And 

The Reason DON KEETON PHOTOGRAPHY, INC. Seeks Relief From 

Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR 

conditions, is requested to the extent required to allow flights of the battery 

powered DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total 

duration of 14.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes. DON KEETON 

PHOTOGRAPHY, INC. seeks the requested relief because without an exemption 

from Section 91.151(b), the flight time duration of the battery powered DJI 
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Phantom 2 and DJI Phantom 3 UAs will severely constrain the practicality of any 

aerial video or still photo flight operations that DON KEETON PHOTOGRAPHY, 

INC. proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 

and DJI Phantom 3 UASs, the DJI Phantom 2 and DJI Phantom 3 operating 

documents, and DON KEETON PHOTOGRAPHY, INC.’s proposed operating 

limitations, ensure that DON KEETON PHOTOGRAPHY, INC. will safely operate 

the battery powered DJI Phantom 2 and DJI Phantom 3 UAs during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 

with enough battery power to fly for a total duration of 14.5 minutes to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for 

at least 4.5 minutes.

5. Extent Of Relief DON KEETON PHOTOGRAPHY, INC. Seeks And The 

Reason DON KEETON PHOTOGRAPHY, INC. Seeks Relief From Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 

only apply to aircraft with an airworthiness certificate, DON KEETON 

PHOTOGRAPHY, INC. requests relief from these Sections because the DJI 

Phantom 2 and DJI Phantom 3 UASs do not require airworthiness certificates. As 

set forth more fully below, the DJI Phantom 2 and DJI Phantom 3 UASs meet the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, DON KEETON PHOTOGRAPHY, INC. will use trained technicians to 

perform maintenance, alterations, or preventive maintenance on the UASs using 

the methods, techniques, and practices prescribed in the UAS operating 

documents (i.e., the DON KEETON PHOTOGRAPHY, INC. Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 

Instruction Manual). Furthermore, DON KEETON PHOTOGRAPHY, INC. will 

document and maintain all maintenance records for the DJI Phantom 2 and DJI 

Phantom 3 UASs.

D. The Reasons Why Granting DON KEETON PHOTOGRAPHY, INC. Request 

Would Be In The Public Interest; That Is, How It Would Benefit The Public As 

A Whole.

Granting the present Petition will further the public interest by allowing DON 

KEETON PHOTOGRAPHY, INC. to safely, efficiently, and economically perform 

aerial video and photography of real estate, and landscape over certain areas of 
14

the United States.

Additionally, use of the DJI Phantom 2 and DJI Phantom 3 UASs will decrease 

congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of DON KEETON PHOTOGRAPHY, INC.’s 

proposed operation of the DJI Phantom 2 and DJI Phantom 3 UASs will be 

realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2 and DJI Phantom 3 UAs are battery powered and serve as a 

safe, efficient, and economical alternative to the manned aircraft traditionally 

utilized to obtain aerial imagery. By reducing the amount of manned aircraft 

needed to perform aerial acquisitions, an exemption allowing the use of a DJI 

Phantom 2 or DJI Phantom 3 UAS would reduce the amount of manned aircraft in 

the NAS, reduce noise and air pollution, as well as increase the safety of life and 

property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be 

reduced. The DJI Phantom 2 and DJI Phantom 3 UAs do not require an airport to 

takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video 

and photography missions would result in fewer aircraft that must be handled by 

air traffic control during the ground, takeoff, departure, arrival, and landing phases 

of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI 

Phantom 2 and DJI Phantom 3 UASs.

Conducting aerial acquisitions with the DJI Phantom 2 and DJI Phantom 3 UASs, 

instead of manned aircraft, will greatly benefit the public by drastically reducing 

the levels of air

and noise pollution generated during traditional aerial video and still 

photography flight operations. By using battery power and electric motors, the 

DJI Phantom 2 and DJI Phantom 3 UASs produce no air pollution, and is the 

most viable environmentally conscious alternative to the cabin class, six 

cylinder internal combustion engine aircraft that are typically utilized for aerial 

video and photography, while burning approximately 20-30 gallons per hour of 

leaded aviation fuel. The DJI Phantom 2 and DJI Phantom 3 UAs, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UAs are propelled by battery powered electric motors, rather 

than an internal combustion engine.

By using the DJI Phantom 2 and DJI Phantom 3 UASs to perform aerial 
15

acquisitions, the substantial risk to life and property in the air and on the ground, 

which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. Aside from the lack of flight crew 

members located onboard the aircraft, the DJI Phantom 2 and DJI Phantom 3 UAs 

(weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces 

respectively, at their maximum gross weights with lengths of 16 inches and 17.3 

inches respectively, widths of 16 inches and 17.7 inches respectively, and with no 

fuel on board), has less physical potential for collateral damage to life and property 

on the ground, and in the air, compared to the manned aircraft that typically 

conduct similar operations (weighing approximately 6,000 pounds with a wingspan 

of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 2 and DJI Phantom 3 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 and DJI Phantom 3 

UASs are also an economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the DJI Phantom 2 and DJI 

Phantom 3 UASs will allow United States based companies, like DON KEETON 

PHOTOGRAPHY, INC., to remain competitive and contribute to growth of the U.S. 

economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, 

U.S. owned and operated companies must adopt new and alternative technology 

in order to remain competitive. Operating the battery powered DJI Phantom 2 and 

DJI Phantom 3 UASs is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but provides such 

flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2 and DJI Phantom 3 UASs, companies such as 

DON KEETON PHOTOGRAPHY, INC., can remain competitive and profitable, and 

therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI Phantom 2 

and DJI Phantom 3 UASs, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies 

to invest in research and development in order to remain competitive both in the 

United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for 

many years, DON KEETON PHOTOGRAPHY, INC.’s proposed operation of the DJI 

Phantom 2 and DJI Phantom 3 UASs will not implicate any privacy issues. Specifically, 

the DJI Phantom 2 and DJI Phantom 3 UASs will be operated only in compliance with 
16

operating documents (i.e., the DON KEETON PHOTOGRAPHY, INC. Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 

Instruction Manual) which requires property owner involvement and permission to 

videotape/photograph as well as local law enforcement notification, and in accordance 

with the Federal Aviation Regulations, including the minimum altitude requirements of 

14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect 

Safety, Or How The Exemption Would Provide A Level Of Safety At Least 

Equal To That Provided By The Rule From Which DON KEETON 

PHOTOGRAPHY, INC. Seeks Exemption.

1. Reasons Why The DJI Phantom 2 and DJI Phantom 3 UAs Meet The 

Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333.

In consideration of the size, weight, speed, and limited operating area associated 

with the unmanned aircraft and its operation, DON KEETON PHOTOGRAPHY, 

INC.’s operation of the DJI Phantom 2 and DJI Phantom 3 UASs meet the 

conditions of FMRA Section 333, and will not require an airworthiness certificate 

in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create 

a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, 

and not later than 180 days after the date of enactment of this Act, the 

Secretary of Transportation shall determine if certain unmanned 

aircraft systems may operate safely in the national airspace system 

before completion of the plan and rulemaking required by section 332 

of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the 

determination under subsection (a), the Secretary shall determine, at a 

minimum--

(1) which types of unmanned aircraft systems, if any, as a result 

of their size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of 

sight do not create a hazard to users of the national airspace 

system or the public or pose a threat to national security; and
17

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines 

under this section that certain unmanned aircraft systems may 

operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft systems 

in the national airspace system.

In seeking this exemption, DON KEETON PHOTOGRAPHY, INC. submits that the 

DJI Phantom 2 and DJI Phantom 3 UASs can operate safely in the NAS pursuant to 

FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 

and DJI Phantom 3 UASs;

(b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs 

Demonstrate Its Safe Characteristics.

The DJI Phantom 2 and DJI Phantom 3 UASs do not create a hazard to users of 

the NAS or the public, or otherwise pose a threat to national security considering 

its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs are 

set forth by the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached 

hereto as Appendix A and B.

ii. The DJI Phantom 2 and DJI Phantom 3 UASs Autonomous Flight And 

Navigation Modes Enable The UASs To Remain Within A Defined 

Operational Area.

The DJI Phantom 2 and DJI Phantom 3 UASs may be operated in both manual 

and fully autonomous flight modes. A complete description of the flight and 
18

navigational modes of the DJI Phantom 2 and DJI Phantom 3 UASs is provided 

at pages 25-35 of the DJI Phantom 2 and pages 12-16 and 45-50 of the DJI 

Phantom 3 User Manuals, attached hereto as Appendix A and B.

iii. The DJI Phantom 2 and DJI Phantom 3 UASs Are Designed For 

Automatic Return To Home Point Or Hover In The Event Of Loss Of The 

Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 and DJI Phantom 3 UAs will 

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 

Phantom 2 and DJI Phantom 3 UAs do not reacquire control link data from the 

GCS, the UAs will assume that the Control Link is lost and the UAs will return to 

the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff 

position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set 

forth at pages 27 through 29 and for the DJI Phantom 3 at pages 13 through 15 of 

the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix 

A and B.

iv. The DJI Phantom 2 and DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 

and DJI Phantom 3 GCS and flight control software is provided at pages 32 

through 43 of the DJI Phantom 2 User Manual and pages 40 through 47 of the DJI 

Phantom 3 User Manual. DJI Phantom 2 and DJI Phantom 3 User Manuals are 

attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 2 and DJI Phantom 3 UASs Are Limited 

To The Line Of Sight Of A Certificated Pilot in Command With A Safety

Observer.

DON KEETON will be the only person to act as a pilot in command (PIC) of the DJI 

Phantom 2 and DJI Phantom 3 UASs. Additionally, a safety observer will assist in 

flights.

c. Flights Of DJI Phantom 2 and DJI Phantom 3 UASs Will Be 

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, DON KEETON PHOTOGRAPHY, INC. proposes to 

commercially operate DJI Phantom 2 and DJI Phantom 3 UASs for the special 

purpose of conducting aerial video and photography over certain areas of 
19

United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to 

the following aircraft described in the operating documents, rotorcraft 

UASs weighing less than 55 pounds maximum gross weight: DJI 

Phantom 2 and DJI Phantom 3 Unmanned Aircraft Systems. Proposed 

operations of any other aircraft will require a new petition or a petition 

to amend this grant.

2. UAS operations under this exemption will be limited to conducting 

operations for the purpose of aerial video and photography.

 3. The UAs may not be flown at an indicated airspeed exceeding 20 

 knots.

4. The UA must be operated at an altitude of no more than 500 feet 

above ground level (AGL), as indicated by the procedures specified in 

the operating documents unless a special request is made and approved 

by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs 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.

6. The use of first person view (FPV) by the PIC or safety observer 

(SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be 

used to satisfy the VLOS requirement as long as the PIC always 

maintains VLOS

capability. The SO 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 SO can perform the functions prescribed in the 
20

operating documents.

8. The SO must not perform any other duties beyond assisting the PIC 

with seeing and avoiding other air traffic and other ground based 

obstacles/ obstructions and is not permitted to operate the camera or 

other instruments.

9. The operating documents and the grant of exemption must be 

accessible during UAS operations and made available to the Administrator 

upon request. If a discrepancy exists between the conditions and limitations 

contained in the grant of exemption and the procedures outlined in the 

operating documents, the conditions and limitations contained 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 upon request. The operator must also 

present updated and revised documents if it petitions for extension or 

amendment to the grant of exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted the 

exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is 

in a condition for safe flight. 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. The Ground Control 

Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records.

11. 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. The PIC who 

conducts the functional test flight must make an entry in the aircraft 

records.
21

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record 

keeping requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts must be 

noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service.

15. Each UASs operated under this exemption must comply with all 

manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a 

current third- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate the UAS 

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

including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification flight hours must be 

logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of 

training the operator’s PICs are permitted under the terms of the 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
22

operations are considered nonparticipants, and the PIC must operate the UA with 

appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 

1.1. All operations must be conducted under visual meteorological conditions (VMC). 

If flight at night is required, a special request will be made at the FAA office closest to 

proposed area of operations. Flights under special visual flight rules (SVFR) are not 

authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point 

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.

21. 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.

22. If the UA loses communications or loses its GPS signal, it must return to a 

pre- determined location within the planned operating area and land or be recovered 

in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning 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 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements in 
23

the ATO issued COA including class of airspace, altitude level and potential transponder 

requirements.

26. All aircraft operated in accordance with the exemption must be identified by 

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. 

Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the UAS is 

operating. These documents must be made available to the Administrator or any 

law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential 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 and/or;
24

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, and;

c. Operations nearer to the PIC, SO, operator trainees or essential 

persons do not present an undue hazard to those persons per § 

91.119(a).

32. All operations shall 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.

33. 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.

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety.

DON KEETON PHOTOGRAPHY, INC. submits that the equivalent level of safety 

established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed 

to operate the DJI Phantom 2 and DJI Phantom 3 UASs unless that PIC has demonstrated, 

by meeting minimum flight-hour and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the 

exemption,including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

Considering DON KEETON PHOTOGRAPHY, INC.’s proposed area of operations, and the 

operating limitations set forth-above; the parallel nature of private pilot aeronautical 

knowledge requirements to those of commercial pilot requirements (See Exemption No. 
25

11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 or DJI 

Phantom 3 UAS, DON KEETON PHOTOGRAPHY, INC. submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the 

airmanship skills necessary for DON KEETON PHOTOGRAPHY, INC.’s specific proposed 

flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

DON KEETON PHOTOGRAPHY, INC. will not allow any PIC to operate the DJI Phantom 2 

or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 2 or DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 

UAS in a manner consistent with this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 

hours of those hours as a UAS pilot operating the same make and model of UAS to be used 

for operations under the exemption). In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that 

was obtained in compliance with applicable regulations will ensure an equivalent level of 

safety during DON KEETON PHOTOGRAPHY, INC.’s proposed operations. The 

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the 

purpose of motion picture filming (or similar operations), the PIC must 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. Prior to operations under Exemption No. 11062, the PIC must 

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 under the exemption. 

For clarification, the FAA considers these minimum hour requirements to be inclusive 

rather than additive; i.e. 5 hours make and model time may be
26

included in the 10 hours of multi-rotor time and the 10 hours may be included in the 

total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC 

must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). The FAA finds that at a minimum, the flight-hour requirements in 

Exemption No. 11062 are appropriate to practice and build proficiency in the skills 

necessary to safely conduct the petitioner’s proposed operations. The FAA also finds 

that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, and experiencebuilding flights the PIC is required to operate the UA with appropriate distances in 

accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, DON KEETON PHOTOGRAPHY, INC. will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 2 or DJI Phantom 3 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) 

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior 

to every flight, DON KEETON PHOTOGRAPHY, INC. will ensure that the DJI Phantom 2 or 

DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its 

operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the 
27

altitude information of the DJI Phantom 2 and DJI Phantom 3 UAs will be provided to the 

PIC via GPS equipment and a radio communications telemetry data link, which downlinks 

from the UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with DON KEETON PHOTOGRAPHY, INC.’s operation of the DJI 

Phantom 2 and DJI Phantom 3 UAs within visual line of sight, at or below 500 feet AGL, will 

ensure a level of safety equivalent to Section 91.121. The altitude information will be 

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero 

altitude initiation point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 

and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, DON KEETON PHOTOGRAPHY, 

INC. will ensure that it will safely operate the battery powered DJI Phantom 2 and DJI 

Phantom 3 UAs during daylight hours in VFR conditions, with enough battery power to fly for 

a total duration of 14.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 and DJI 

Phantom 3 UASs; the limitations on the proposed flight operations; and the location of the 

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 and DJI 

Phantom 3 UASs provide audible and visual warnings to the PIC at the GCS when the UAs 

experiences low battery voltage, the first warning occurring at approximately 33% remaining 

battery power, and again at approximately 10% remaining battery power. At the critically low 

battery level, the DJI Phantom Vision+ and DJI Phantom 3 UASs will descend and land 

automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of 

the UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 
28

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not 

Adversely Affect Safety.

In seeking this exemption, DON KEETON PHOTOGRAPHY, INC. submits that the 

equivalent level of safety with regard to the regulatory maintenance and alteration 

requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b) will be met because DON KEETON PHOTOGRAPHY, INC. will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs 

using the methods, techniques, and practices prescribed in the operating documents (i.e., 

the DON KEETON PHOTOGRAPHY, INC. Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). 

Furthermore, DON KEETON PHOTOGRAPHY, INC. will document and maintain all 

maintenance records for the DJI Phantom 2 and DJI Phantom 3 UASs.

Since the DJI Phantom 2 and DJI Phantom 3 UASs will be inspected as prescribed by the 

operating documents, DON KEETON PHOTOGRAPHY, INC. will maintain the equivalent 

level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of 

the DJI Phantom 2 and DJI Phantom 3 User Manuals are attached hereto as Appendix A 

and B; a copy of the DJI Phantom 2 and DJI Phantom 3 UAS Maintenance LOG is attached 

hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because DON KEETON 

PHOTOGRAPHY, INC. will use trained technicians to perform maintenance, alterations or 

preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established 

by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 

2 and DJI Phantom 3 UASs will be performed by trained technicians. Maintenance will be 

documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are 

considered.

In consideration of DON KEETON PHOTOGRAPHY, INC.’s proposed operating limitations, the 
29

operating documents, and the technical aspects of the DJI Phantom 2 and DJI Phantom 3 UASs, 

DON KEETON PHOTOGRAPHY, INC. submits that safety will not be adversely affected by 

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 

91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 

and 14 C.F.R. § 21.16 entitled Special Conditions, DON KEETON PHOTOGRAPHY, INC.

requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 2 and DJI Phantom 3 UASs, which contain such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent to that established by 

14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions 

will permit safe operation of the UAs for the limited purpose of conducting aerial video and 

photography over certain areas of the United States for compensation or hire. FMRA Section 

333 sets forth the requirements for considering whether a UAS will create a hazard to users 

of the NAS or the public, or otherwise pose a threat to national security; and further, provides 

the authority for such UAS to operate without airworthiness certification in accordance with 

any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 

21.16, for operation of the DJI Phantom 2 and DJI Phantom 3 UASs, since the 

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate 

safety standards, due to the novel or unusual design features of the aircraft. Section 

21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 

finds necessary to establish a level of safety equivalent to that established in the 

regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 
30

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 2 

and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R.

Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The Rules 

From Which DON KEETON PHOTOGRAPHY, INC Seeks Exemption:

DON KEETON PHOTOGRAPHY, INC. seeks exemption from the requirements of 

14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption DON KEETON 

PHOTOGRAPHY, INC. Seeks:

This exemption will permit DON KEETON PHOTOGRAPHY, INC. to commercially 

operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial 

video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support DON 

KEETON PHOTOGRAPHY, INC.’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, DON KEETON PHOTOGRAPHY, INC.’s 

request for exemption may be granted pursuant to the authority of FMRA Section 333 and 

14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, DON KEETON PHOTOGRAPHY, INC. will operate the DJI 

Phantom 2 and DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users 
31

of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, DON KEETON PHOTOGRAPHY, INC. seeks an exemption pursuant to 

14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA), which will permit safe operation of the DJI Phantom 2 and DJI Phantom 3 UASs 

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

video and photography 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 DON 

KEETON PHOTOGRAPHY, INC. to safely, efficiently, and economically operate the DJI 

Phantom 2 and DJI Phantom 3 UASs commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, DON KEETON PHOTOGRAPHY, INC.

respectfully requests that the Administrator grant this Petition for an exemption from the 

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate 

the DJI Phantom 2 and DJI Phantom 3 UASs commercially for the purpose of conducting 

aerial video and photography over certain areas of the United States.

Respectfully submitted on June 14, 2015

Don Keeton Photography, Inc.

Attn. Don Keeton

3152 Coastal Highway

Saint Augustine, FL 32084-2215

904-824-2516

don@donkeetonphotography.com
32

Appendices:

A – DJI Phantom 2 Manual:

B – DJI Phantom 3 Specifications Data Sheet

C – Monthly Maintenance Log

D- DJI Phantom Users Guide

APPENDIX – A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

DON KEETON PHOTOGRAPHY, INC. only utilizes safe and reliable UASs. DJI is an 

industry leader in small UAS production. DJI UASs are loaded with ground breaking 

software enabling the user to set parameters which will not allow flight into controlled 

airspace. Parameters can also be set to limit flight to no higher than a predetermined 

and set altitude as well as limit flight to a predetermined and set distance. In addition, 

DJI software provides real-time altitude and location information to the PIC via the 

linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00
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1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View - 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W

APPENDIX – B

DJI Phantom 3 TECHNICAL SPECIFICATIONS

DON KEETON PHOTOGRAPHY, INC. only utilizes safe and reliable UASs. DJI is an 

industry leader in small UAS production. DJI UASs are loaded with ground breaking 

software enabling the user to set parameters which will not allow flight into controlled 

airspace. Parameters can also be set to limit flight to no higher than a predetermined 

and set altitude as well as limit flight to a predetermined and set distance. In addition, 

DJI software provides real-time altitude and location information to the PIC via the 

linked monitor (smart phone/tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft
34

2.2.1.1 Model – Phantom 3

2.2.1.2 Weight (Battery Included) – 1280 grams

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: +/- 10cm; Horizontal:

+/-1m

2.2.1.4 Max Angular Velocity –Yaw: 2000/s

2.2.1.5 Max Tilt Angle - 350

2.2.1.6 Max Ascent Speed – 5m/s

2.2.1.7 Max Descent Speed – 3m/s

2.2.1.8 Max Speed – 16m/s (ATTI mode, no wind – NOT 

RECOMMENDED)

2.2.1.9 Max Flight Altitude – 6000m

2.2.1.10 Max Flight Time – Approximately 23 minutes

2.2.1.12 Motor Model – DJI 3510

2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range – 140F to 1040F (-100C to 400C)

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model – ZENMUSE X3

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range - ±0.030

2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch: -900 to +300; Pan: ±3200

2.2.2.7 Mechanical Range – Pitch: -1250 to 450; Pan: ±3300

2.2.2.8 Max Controllable Speed – Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera

2.2.3.1 Name – Sony EXMOR

2.2.3.2 Model – 12.4M Pixel

2.2.3.3 Total Pixels – 12.4M

2.2.3.4 Effective Pixels – 12.76M

2.2.3.5 Image Max Size – 4000x3000

2.2.3.6 ISO Range – 100-3200

2.2.3.7 Field of View - 940

2.2.3.8 CMOS – Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording – UHD(4K): 4096x2160p24/25, 
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3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 

1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range - 320F - 1040F (00C - 400C)

2.2.4 Transmitter

2.2.4.1 Name – C1

2.2.4.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz

2.2.4.3 Communicating Distance (unobstructed) – 2000m

2.2.4.4 Output Power – 9W

2.2.4.5 Operating Temperature Range - 140F to 1040F (-100C to 400C)

2.2.4.6 Battery – 600mAh LiPo 2S