Blue Heron Ventures, LLC

Attn: Joseph Devaney

185 Essex Street Unit 1B

Melrose, MA 02176

781-856-4899

Dept. of Transportation

Docket Operations West Building Ground Floor

Room w12140

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Attachments: These attachments are too large for submission via the submission portal. They are available 

at this website for viewing or download. http://www.dji.com/product/phantom-3/download

1) Phantom 3 Professional User Manual (EN) v1.2

2) Phantom 3 (Quick Start Guide)

3) Phantom 3 Safety Guidelines and Disclaimer

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481in the matter of 

the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the matter of 

the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355in the matter of 

the petition of FLYING CAM INC
Dear Sir or Madam,

I, Joseph Devaney (the “petitioner”), Sole Proprietor and Manager of Blue Heron Ventures, LLC hereby 

submits to the Federal Aviation Administration, 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, request 

exemption from the following sections of Title 14, Code of Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1); 

91.409(a)(2); 91.417(a) & (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, cinematography, 

videography, mapping, crop surveying, inspections 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 small unmanned air 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 the petitioner are drawn from references 13.

The FARs

The petitioner seeks exemption from the above mentioned FARs for the following reasons;

61.113(a) & (b); The petitioner requests 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.

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 

500 feet to the ground may require that the UA be operated closer than 500 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”. The 
petitioner requests waiver for this condition to allow reasonable and responsible operations in areas of 

subdivisions and neighborhoods if required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not 

have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) 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 11138 

(DOUGLAS TRUDEAU), The petitioner proposes 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 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 failsafe 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 at 

http://www.dji.com/product/phantom-3/download

Risk Mitigation

The petitioner has reviewed FAA exemptions reference’s 13 Conditions and Limitations section and 

believes that the procedures specified therein are reasonable and will be utilized in order to manage and 

mitigate risk and ensure public safety. A preflight checklist will be developed and employed to ensure 

that the UA airworthiness will be verified before launch. Airworthiness will be maintained by 

performance of routine inspections before each flight, maintaining flight and maintenance logs to record 

time on failure prone components. The petitioner request that in a manner similar to reference 3, he 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 the petitioner is 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. Additionally, 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 videography/photography. Aerial photography is a valuable 

marketing tool that can lead to increased commerce and enhance personal photography. Crop surveying 

applications could lead to decreased use of pesticides and fertilizer and conservation of water as well as 

increased crop yields and decreased costs. Aerial surveying and inspections can increase work site 

efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients with 

photographic data for these purposes on a ‘for hire’ basis acting as an independent contractor. A visual 

observer will be utilized. Liability insurance will be obtained commensurate with the granting of this 

request for exemption. Flight data including UA flight time, Control Unit operation time, incident, 

accident, and details concerning any deviations from normal operations will be available to FAA for use in 

collecting data regarding the use of UAS as part of this application. This data may be submitted to FAA via 

traditional means, e.g. COA Monthly Reports, or other means as required.

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography, cinematography, 

videography, mapping, crop surveying, inspections and other flight operations”. The reason for such a 

general and broad based request is that the petitioner wishes to utilize a business strategy of horizontal 

integration and maximize economies of scope in order to capitalize on opportunities as they may arise in 

the future without the long turnaround time associated with additional exemptions. The petitioner's business 

model is based on the idea of offering ad hoc 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 hobby. The 

petitioner’s own market research shows pent up demand for these services currently exists in the real estate 

market and other markets are just beginning to emerge. The petitioner has refrained from engaging in 

commercial use of the UAS. The primary purpose of seeking this exemption is to obtain the capability to 

offer those services while remaining in compliance. The petitioner has 10 years of experience in flying 

video games with similar controls, 6 months of private practice drone flights, as well as a valid driver’s

license in the state of Massachusetts.
Sincerely,

Joseph Devaney

Blue Heron Ventures, LLC

185 Essex Street Unit 1B

Melrose, MA 02176

781-856-4899