U.S. Department of Transportation October 28, 2015 

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Chadwick J. Dees

Section 333 Petition to Operate

Small Unmanned Aerial Systems

Prepared by:

Chadwick J. Dees

127 Wells CT.

Canton, MS 39046

601-807-1672

Chadwick.dees@gmail.com
Petition Summary:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 

112-95 (2012), 126 Stat. 11 ("Section 333") and the Federal Aviation Administration's 

("FAA") general exemption authority under 49 U.S.C. section 44701 (f), Chadwick J. Dees 

("Petitioner") hereby petitions for exemptions from 14 C.F.R Part 21, Subpart H 

(Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: Normal 

Category Rotorcraft), 14 C.F.R sections 61.113(a)-(b), 91.103(b)(1), 91.119(c), 91.121, 

91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2}, and 91.417(a)-(b).

The proposed exemption, if granted, would allow Petitioner to conduct commercial 

operations of small unmanned aircraft systems ("UAS") meeting or exceeding all of the 

operational and safety requirements Congress have set forth in Section 333.

Petitioner is certificated pilot with CSEL and CFI ratings that plans to exploit the 

capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Remote sensing

- Telecommunications

- Agriculture

- Aerial filmmaking and photography

- Energy systems inspections and asset management

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

- Pipeline inspection and patrolling

Statutory Authority

Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", and provides

a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the 

NAS. Section 333(a) states that the FAA "shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b}(1) of this Act or the 

guidance required by section 334 of this Act." In Section 332(b}(1), 
Congress made it clear that Section 333 provides a mechanism for "expedited operation 

authorization" if several factors are met. Petitioner meets all requirements to permit 

FAA approval of commercial UAS operations.

The Petitioner Requests Relief from the Following:

Section 61.113(a) and (b) prescribes that-

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command 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.

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before 

beginning a flight, become familiar with all available information concerning that flight, 

to include-

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be 

completed, and any known traffic delays of which the pilot in command has been 

advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff 

and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein;

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under 

expected values of airport elevation and runway slope, aircraft gross weight, and wind 

and temperature.
Section 91.119 prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or 

over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation 

is conducted without hazard to persons or property on the surface-

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or (c) of this section, provided each person operating the helicopter complies with any 

routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than 

the minimums prescribed in paragraph (c) of this section.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set "to the elevation of the 

departure airport or an appropriate altimeter setting available before departure."

Section 91.151 (a) prescribes that no person may begin a flight in an airplane 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, (1) 

during the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that 

for at least 45 minutes. [Emphasis added]
Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall 

have that aircraft inspected as prescribed in subpart E of the same part and shall, 

between required inspections, except as provided in paragraph (c) of the same section, 

have discrepancies repaired as prescribed in part 43 of the chapter. 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.

The Petitioner has supplied the Following Additional Information:

DJI Phantom 3 Advanced

Weight (Including Battery and Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

Horizontal: +/- 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude above Sea Level

6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS
Remote Controller

Operating Frequency

2.400 GHz-2.483 GHz

Max Distance

Up to 5 km or 3.1 miles (unobstructed, free of interferences) when it is FCC compliant

Up to 3.5 km or 2.1 miles (unobstructed, free of interferences) when it is CE compliant

Video Output Port

USB

Operating Temperature

0°C- 40°C

Battery

6000 mAh LiPo 2S

Mobile Device Holder

For tablet or phone

Receiver Sensitivity (1%PER)

-101 dBm ±2 dBm

Transmitter Power (EIRP)

FCC: 20 dBm

CE: 16 dBm

Working Voltage

1.2 A @7.4 V

Battery Charger

Voltage

17.4 V

Rated Power

Phantom 3 Advanced

57 W

Intelligent Flight Battery

Capacity

4480 mAh

Voltage

15.2 V

Battery Type

LiPo 4S

Energy

68 Wh

Net Weight

365 g

Max Flight Time

Approximately 23 minutes

Operating Temperature

-10°C to 40°C

Max Charging Power

100 W
Unmanned Aircraft System

The petitioner states that the unmanned aircraft (UA) to be operated under this request 

is less than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neither 

a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured area as set out in the Pilot Training Guide. The 

craft is the Phantom 3 Advanced manufactured by DJI. The quadcopter has 4 motors, 

GPS, full autonomous autopilot capabilities, telemetry and manual ground control.

In addition, the craft has integrated safety features built into the design of the UAS, as 

described in the Pilot Training Guide, to ensure the safety of persons and property 

within and surrounding the limited operating area.

The petitioner further describes that, in the event the UAS loses communications or its 

GPS signal, the UAS will have the capability to return to a pre-determined location 

within the Security Perimeter and land. It will also have the capability to abort a flight in 

the event of unpredicted obstacles or emergencies.

Petitioner's UAS will 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 will be as large as practicable.

Pre-flight Inspection, Maintenance

Before each flight the PIC will perform a series of pre-flight and takeoff checks as 

defined by the Pilot Training Guide supplied. After each 60 minutes of airtime, the craft 

will undergo a thorough inspection of all aircraft components, including, but not limited 

to:

a. Actuators and Servos

b. Motors, wiring and connectors

c. Propellers, smooth, no chips

d. Electronic speed controller, wiring and connectors

e. Batteries, wiring and connectors

f. Remote command and control

g. Ground control station
UAS Operating Parameters

The petitioner states that all flights will be operated within visual line of sight (VLOS) of 

pilot, in daytime VFR flight conditions and all operations will be conducted with the 

assistance of a second spotter/observer. The UAS flights will be limited to a maximum 

altitude of 400 feet AGL. Altitude is accurately measured by GPS. The petitioner further 

states that an operator will ensure that only consenting production personnel will be 

allowed within 100 feet of the UA operation, and UAS will be kept at least 100 feet from

any inhabited structure. Generally the petitioner's UAS will be operated in rural or 

suburban areas that will permit significantly larger safety zones.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations 

to describe intended coordination for proposed operation(s). Petitioner will obtain an 

Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization ("COA") 

prior to conducting any operations under this grant of exemption. In fulfilling its

requirements under the COA, Petitioner will be required to request a NOT AM not more 

than 72 hours in advance, but not less than 48 hours prior to the operation

Petitioner's UAS will remain clear and yield the right of way to all manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, and hang-gliders). Petitioner will not conduct UAS 

operations within 5 nautical miles of the geographic center of a non-towered airport

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

operation is conducted in accordance with a Notice to Airmen ("NOT AM").

Pilot in Command (PIC)

Regarding Petitioner's requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will 

comply with the other applicable procedures and requirements stated in§ 91.1 03(a) 

and (b). Specifically, the PIC will take all actions including reviewing weather, flight 

battery requirements, aircraft performance data, and landing and takeoff distances 

before initiation of a flight. The PIC will also account for all relevant site-specific 

conditions in their preflight procedures. Risks presented by sun glare will be mitigated 

by the PIC's and VO's ability to see other air traffic and initiate a return-to-home 

sequence if needed.

Radio Frequencies
Radio frequencies used will be those allotted by the FCC for data transmission and 

vehicle control in unlicensed frequency bands. All devices used will comply with FCC 

usage and emissions regulations.

Safety and Benefits of the UAS

The petitioner will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles 

offer many benefits over the use of full-sized manned aircraft for electric power line 

inspection, oil/gas pipeline inspection, advanced agriculture, and film and still 

photography. Replacing significantly larger manned aircraft carrying crew and 

flammable fuel with small UAS carrying no passengers or crew creates a much greater 

margin of safety for the pilots and crew. By granting Petitioner's requested exemptions, 

the FAA will help drive development of safe and successful commercial UAS operations 

and will advance the public knowledge base for such operations.

Petitioner is committed to promoting the UAS research efforts of policymakers including 

the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations 

and serving as a resource for future UAS research operations. Thus, the FAA has good 

cause to grant this Petition.

Conclusion

For the foregoing reasons, the exemptions requested herein should be granted and 

Petitioner should be permitted to conduct small UAS operations in accordance with its 

manuals and all other operating parameters deemed necessary and appropriate by the 

FAA.

Sincerely, 

Chadwick J. Dees