MS Watson LLC

Keith Pfender & Mike Watson 

129 Colonial Village Dr.

Pittsburgh, PA 15235

Cell: 202-780-5587

Email: kpfender@Live.com

January 5th 2016

U.S.	Department	of	Transportation (DOT)

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Room	W12-140,	West	Building	Ground	Floor

Washington,	DC	20590

Re:	Request	for	exemption	under	Section	333	from	14	CRR	Part	21,	Subpart	H; 14	CFR	

61.23	(a)	; 14	CFR	61.113	(a)	and	(b);	14	CFR	91.109	;	14	CRR	91.121;	14	CFR	91.151;	(a);	

14	CFR	91.405	(a);	14	CFR	91.407	(a)	(1);	14	CFR	91.409	(a)	(1);	14	CFR	91.409	(a)	(2);	14	

CFR	91.417	(a)	and	(b).

Attachments:

1.) Phantom	3	Professional	User	Manual	v1.2

2.) Phantom	3	Professional Quick	start	Guide

3.) Phantom	3	professional Release	Notes

4.) Phantom	3	Professional	guidelines	and	Disclaimer

5.) Drone/UAS	pre-flight	checklist

References:

1)	FAA	Exemption	No.	14046,	Regulatory	Docket	No.	FAA-2015-4545

In the	matter	of	the	petition	of	True	Aerial	LLC

2)	FAA	Exemption	No.	14130,	Regulatory	Docket	No.	FAA–2015–3552

In the	matter	of	the	petition	of	Mr.	David	Burrit

Dear	FAA,

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

Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA),	 MS	Watson	

LLC	– Keith	Pfender	&	Mike	Watson,	request	exemption	from	the	following	sections	of	Title

14,	Code	of	Federal	Regulations	under	Section	333	from	14	CRR	Part	21,	Subpart	H;	14	CFR	

61.23	(a)	;	14	CFR	61.113	(a)	and	(b);	14	CFR	91.109	;	14	CRR	91.121;	14	CFR	91.151;	(a);	

14	CFR	91.405	(a);	14	CFR	91.407	(a)	(1);	14	CFR	91.409	(a)	(1);	14	CFR	91.409	(a)	(2);	14	

CFR	91.417	(a)	and	(b).

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

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

photography,	educations	on	UAS’s to	Scout	Groups	within	Boy	Scouts	of	America &	schools	

for	educational	purpose,	pipelines,	real	estate	marketing	and	surveys	and	other	flight	

operations	that	could be	performed	safely	and	more	cost	effectively	with	the	use	of	small	
UAS	at	low altitude	within	the	U.S.	national	airspace	system	as	compared	to	a	manned

aircraft.	Operations	will	be	performed	only	at	the	request	of	and	with	the authorization	and	

permission	of	clients	or	their	authorized	agents	in	order	to facilitate	commerce	and	raise	

awareness	of	the	beneficial	uses	of	UAS systems.	So	long	as	such	operations	are	conducted	

within	and under	the	conditions	outlined	herein	or	as	may	be	established	by	the	FAA	as

required	by	Section	333.	The	conditions	identified	and	proposed	by,	MS	Watson	LLC	–

Keith	Pfender	&	Mike	Watson,	are	drawn	from	references	13.

UAS’s	will	be	operating	in	visual	line	of	sight	(VLOS)	and	will	operate	only	in	tightly	

controlled	and	limited	airspace.	They	are	capable	of	operating	at	speeds	of	up	to	30	knots,	

but	will	routinely	operate	at	much	lower	speeds.	They	will	routinely	be	operated	below	

200	feet	above	ground	level	(AGL),	and	never	above	400	feet	AGL.	MS	Watson	LLC	– Keith	

Pfender	&	Mike	Watson’s	exemption	request	would	permit	its	commercial	operation	of	

SUAs	for	aerial	photography	and	videography	in	tightly	controlled	and	limited	airspace

The	Pilot	In	Charge	(PIC) will	follow	a	comprehensive	pre-flight	checklist	to	ensure	that	the	

UAS’s	is	in	a	condition	for	safe	flight.	This	plan	will	be	improved	as	needed	in	order	to	

ensure	all	known	safety	precautions	and/or	safety	precautions	suggested	by	the	

manufacturer	are	being	accounted	for.

See	Attachment	

1.) Drone/UAS	pre-flight	checklist

It	cannot	be	assumed	that	a	commercial	pilot,	approved	to	operate	a	helicopter	or	fixed	

wing	aircraft,	has	the	skill	or	ability	to	safely	operate	an	unmanned	aerial	vehicle,	operating	

at	400	feet	AGL	or	lower,	within	strictly	controlled	pre-approved	airspace.	Since	there	are	

no	standards	for	either	private	or	commercial	SUAS	pilot	certificates,	knowledge	of	

airspace	regulations	and	dexterity	in	the	control	and	operation	of	the	UAS	acquired	from	

actual	operation	of	the	aircraft	will	be	the	most	important	factors	in	establishing	an	

equivalent	level	of	safety.	With	that	in	mind,	True	Aerial	LLC	proposes	that	its	PIC	be	

required	to	do	the	following	prior	to	the	first	commercial	operation:

• Perform	25	hours	of	flight	time	with	the	UAS

• Successfully	learn	and	demonstrate	all	flight	maneuvers	in	the	UAS	Manuel	Guide

• Study	and	be	familiar	with	all	sections	of	the	UAS Manuel	Guide

This	document	was	patterned	off	the	petition	for	exemption	filed	by Mr.	David	Burritt

Requested	Exemptions

MS	Watson	LLC	– Keith	Pfender	&	Mike	Watson	requests	exemption	from	the	following	

regulations	since	it’s	not	possible	to	fully	comply	with	them,	and	since	attempting	to	follow	

them	for	the	purposes	of	operating	a	UAS would	be	a	burden:
14	CFR	Part	21,	Subpart	H Subpart	H	establishes	the	procedural	requirements	for	the	

issuance	of	airworthiness	certificates	as	required	by	FAR	91.203	(a)	(1).	Given	the	size	and	

limited	operating	area	associated	with	the	aircraft	to	be	utilized	by	Singer’s	Creations,	an	

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

under	Part	11	and	Section	333	of	the	Reform	Act.	The	Federal	Aviation	Act	(49	USC	44701	

(f))	and	Section	333	of	the	Reform	Act	both	authorize	the	FAA	to	exempt	aircraft	from	the	

requirement	for	an	airworthiness	certificate,	upon	consideration	of	the	size,	weight,	speed,	

operational	capability,	and	proximity	to	airports	and	populated	areas	of	the	particular	

SUAS.	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	a	conventional	aircraft	operating	with	an	

airworthiness	certificate	without	the	restrictions	and	conditions	proposed.

14	CFR	61.23	(a)	This regulation	requires	pilots	of	manned	aircraft	to	hold	a	medical	

certificate.	Since	risks	associated	with	the	operation	of	the	proposed	UAS	are	so	diminished	

from	the	level	of	risk	associated with	any	manned	aircraft;	the	UAS	is	of	a	size,	weight,	

speed,	and	operational	capabilities	which	makes	it	much	safer	than	any	manned	aircraft;	

since	operations	will	occur	in	tightly	controlled	and	limited	airspace;	and	considering	that	

all	operations	will	be	on	private	property	that	is	clear	of	all	people,	obtaining	and	

maintaining	a	medical	certificate	would	not	improve	the	safety	of	the	operation.	In	the	very	

rare	case	of	a	mishap,	the	UAS/Drone	being	flown	will	pose	significantly	less	of	a	threat	

than	manned	helicopters	and	fixed	wing	aircraft	because	the	UAS’s	are a	fraction	of	the	

size,	a	fraction	of	the	weight,	will	be	flown	at	a	fraction	of	the	speed,	carry	no	flammable	

fuel,	and	carry	no	crew	or	passengers.

61.113(a)	&	(b).	As	discussed	in	Exemption	14130	(Mr.	David	Burritt),

MS	Watson	LLC	– Keith	Pfender	&	Mike	Watson,	request	relief	in	order	to	facilitate	the	

utilization of	pilots,	who	hold	a	PRIVATE	PILOT	(or	greater)	certificate.	Any	pilots	

operating under	this	exemption	would	be	required	to	comply	with	any	conditions	as	set

forth	and	in	a	similar	fashion	to	the	previously	granted	exemptions.	A	visual observer	will	

be	used	at	all	times	while	under	this	requested	exemption.

14	CFR	91.109	This	regulation provides	that	no	person	may	operate	a	civil	aircraft	(except	

a	manned	free	balloon)	that	is	being	used	for	flight	instruction	unless	that	aircraft	has	fully	

functioning	dual	controls.

UASs	and	remotely	piloted	aircraft,	by	their	design	do	not	have	fully	functional	dual	

controls.	Flight	control	is	accomplished	through	the	use	of	a	control	box	that	communicates	

with	the	aircraft	via	radio	communications.	The	FAA	has	approved	exemptions	for	flight	

training	without	fully	functional	dual	controls	for	a	number	of	aircraft	and	for	flight	

instruction	in	experimental	aircraft.	The	equivalent	level	of	safety	provided	by	the	fact	that	

neither	a	pilot	nor	passengers	will	be	carried	in	the	aircraft	and	by	the	size	and	speed	of	the	

aircraft.
91.119(c)	as discussed	in	Exemption	14130 (Mr.	David	Burritt),

Operations conducted	closer	than	400	feet	to	the	ground	may	require	that	the

UA be	operated	closer	than	400	feet	to	essential	persons,	or	objects	that	would not	be	

possible	without	additional	relief.	The	petitioner	requests	modification, waiver	or	

exemption	and	clarification	concerning	the	terms	“congested	areas” and	“densely	

populated”.	MS	Watson	LLC	– Keith	Pfender	&	Mike	Watson,	request	waiver	for	this	

condition	to allow	reasonable	and	responsible	operations	with	safety	as	my	main	concern	

in areas	of	subdivisions	and	neighborhoods	if	required.

91.121	As	discussed	in	Exemption	14130	(Mr.	David	Burritt), Is inapplicable	since	the	UAS	

does	not	have	an	altimeter	and	instead	utilizes electronic	GPS	with	a	barometric	sensor	for	

altitude	information. As	the	UAS may	not	have	a	barometric	altimeter,	but	instead	a	GPS	

altitude	read	out,	an	exemption	may	be	needed.	An	equivalent	level	of	safety	will	be	

achieved by	the	operator	by	confirming	the	altitude	of	the	launch	site	shown	on	the	GPS	

altitude	indicator	before	flight.

91.151(a)	as	discussed	in	Exemption	14130	(Mr.	David	Burritt),

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

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

specific	relief	has	been	granted	in	Exemption Nos.	8811,	10808,	and	10673	for	daytime,	

VFR	conditions.	The	UAS	provides battery	power	remaining	in	percent	to	the PIC.	The	UA	

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

operating	documents	discusses	procedures	regarding	remaining	battery	power

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

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

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

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

91.405(a).	91.407(a)(1).	91.409	(a)(1)	&	(2).	91.417(a)	&	(b)	as	discussed	in	

Exemption	14130	(Mr.	David	Burritt),	MS	Watson	LLC	– Keith	Pfender	&	Mike	Watson,	

propose	to inspect	and	ensure	that	the	UAS	is	in	a	condition	for	safe	flight	in	accordance

with	the	operating	documents.	The	FAA	found	that	adherence	to	the	petitioner’s operating	

documents	and	the	conditions	and	limitations	specified,	describing	the requirements	for	

maintenance,	inspection,	and	recordkeeping,	were	sufficient	to ensure	that	safety	would	

not	be	adversely	affected.

The	UAS

The	DJI	Phantom	3	Professional and	DJI	Phantom	2	is	a	highly	successful	consumer	grade	

small rotorcraft	in	the	quadcopter	configuration	with	an	advertised	weight	of	less	than 44	

ounces	(1242g)	designed	primarily	to	carry	aloft	a	high	definition	camera.	It has	an	

advertised	maximum	speed	of	less	than	30	knots	(15m/s)	and	a maximum	climb	rate	of	

less	than	1200	feet	per	minute	(6	m/s).	It	is	powered	by four	electric	motors	with	a	

distance	between	motors	of	less	than	14	inches (350mm)	It	utilizes	an	internal	inertial	

measuring	unit	(IMU)	with	integrated barometric	sensor	augmented	with	global	
positioning	system	(GPS)	to	maintain its	geospatial	orientation	and	position.	It	is	controlled	

primarily	through	an	FCC certified	radio	control	(RC)	unit.	Real	time	video	and	telemetry	

information	is transmitted	back	to	a	ground	control	station	allowing	the	operator	and/or	

PIC	to monitor	battery	level,	GPS	signal	strength,	altitude	(AGL),	distance	from	PIC, camera	

imagery,	and	control	camera	angle.	It	has	fail	safe	modes	of	operation for	either	loss	of	RC	

or	GPS	signal.	Altitude	can	be	limited	by	the	onboard	flight controller	and	maximum	

altitude	can	be	preprogrammed	by	the	PIC.	Battery	life limits	flight	times	to	approximately	

25	minutes.	The	onboard	flight	controller	will warn	the	pilot	via	telemetry	and	external	

lighting	cues	before	reaching	a	low battery	state.	An	automatic	termination	of	flight	and	

landing	will	be	initiated when	the	battery	reaches	a	predetermined	low	state.	It	is	

anticipated	that	flights will	usually	last	less	than	10	minutes.	More	information	is	available	

in	attachments.

Risk	mitigation

MS	Watson	LLC	– Keith	Pfender	&	Mike	Watson,	have	reviewed	FAA	exemptions	

reference’s	13	Conditions	and Limitations	section	and	believe	that	the	procedures	

specified	therein	are reasonable	and	will	be	utilized	in	order	to	manage	and	mitigate	risk	

and	ensure public	safety.

A	preflight	checklist	will	be	developed	and	employed	to	ensure	that	the	UAS’s	

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.

MS	Watson	LLC	– Keith	Pfender	&	Mike	Watson,	request	that	in	a	manner	similar	to	

reference	3,	be	allowed to	operate	within	5	miles	of	an	airport	provided	that.

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

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

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

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

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

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

to	the	Administrator	upon	request.”

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

requesting	a	mechanism	to	facilitate	such	activities	without	requesting	a	new and	separate	

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

due	to	the	lack	of	mode	C	transponder.

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

environmental	impact	as	compared	to	similar	operations	conducted	with	manned aircraft	

of	greater	proportions,	carrying	a	crew	and	flammable	fuel.

In	regards	to	performing	inspections,	the	UAS	will	minimize	the	risk	to	persons	attempting	

to	climb	these structures	and	photograph	problem	areas.	It	will	provide	a	way	for	

companies	to have	their	engineers	review	photographs	and	provide	additional	safety	to	the

general	public	in	regards	to	towers	failing	or	natural	gas	pipelines	having structural	issues.	

Many	of	the	natural	gas	pipelines	in	our	area	travel	in	areas that	are	hard	to	reach	by	

vehicle	or	foot	and	if	an	area	is	suspected	of	having problems	the	UAS	can	reach	it	to	make	

an	assessment	easier	and	safer.

MS	Watson	LLC	– Keith	Pfender	&	Mike	Watson,	will	also	make	the	UAS	and	myself	

available	to	local	volunteer organizations	(for	no	charge)	such	as	Boy	Scouts	of	America,	

local	law enforcement,	etc.,	to	perform	search	and	rescue	operations,	or	other	similar

events	as	directed	by	authorities.

In	addition	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	subjects	that	cannot	be displayed	through	ground	level	

photography.	Aerial	photography	is	a	valuable marketing	tool	that	can	lead	to	increased	

commerce	and	enhance	my	personal photography.	A	visual	observer	will	be	utilized	at	all	

times	that	the	UAS	is performing	duties	for	compensation	and	the	PIC	will	hold	a	Private	

Pilot’s license. Flight	data	including	UAS	flight	time,	Control	Unit	operation	time,	incident,	

and details	will	be	recorded	for	each	flight	and	made	available	to	the	FAA	at	any	time

needed.

Any	deviations	from	normal	operations	will	also	be	recorded	and	made	available to the

FAA.

Conclusion

MS	Watson	LLC	– Keith	Pfender	&	Mike	Watson	am	requesting	this	exemption	for	the	

purposes	of	aerial photography	of	real	estate,	land	surveying,	inspections,	and	other	flight	

operations.

The	reason	for	such	a	general	and	broad	based	request	is	that	MS	Watson	LLC	– Keith	

Pfender	&	Mike	Watson, wish	to	utilize	a	business	strategy	in	order	to	capitalize	on	

opportunities	as they	may	arise	in	the	future	without	the	long	turnaround	time	associated	

with additional	exemptions.
The business	model	is	based	on	the	idea	of	offering	small	UAS	services	to individuals	or	

companies	who	wish	to	employ	these	services	as	a	safe, effective,	and	legal	option	to	

enhance	their	business	or	prevent	structural disasters	that	may	influence	the	general	

public	or	individuals.

My	own	research	shows	an	upward	demand	for	these	services	that	currently exists	in	the	

real	estate	market,	aerial	photography and	other	markets	are	just beginning	to	realize	the	

need	for	such	services.