U.S. Department of Transportation 

Docket Management System 

1200 Ne_w Jersey_Aye., SE 

Washington, DC 20590 

October 09, 2015 

Brendan Jefferies 

6032 Feagan St. 

Houston, TX 77007 

(281) 380-9775 

brjefferies@yahoo.com 

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

Regulations 

To Whom It May Concern: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 ("FAA Reform Act") and 14 

C.F.R. Part 11, I, Brendan Jefferies, request an exemption from Federal Aviation Regulations ("FARs") 

detailed below for my DJI Phantom 3 multi-rotor aircraft. I would like to specifically request exemptions 

from: 

14 CFR 21 

14 CFR 91.203 

14 CFR 45.23 

14 CFR 45.29 

14 CFR 91.7 

14 CFR 91.9 
14 CFR 61.113 

14 CFR 61.133 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 

14 CFR Subpart E (91.401- 91.417) 

FAA Policy 8900.227 Paragraph 16(c)(4) and paragraph 16(e)(1). 

~); 

The DJI Phantom 3 multi-rotor aircraft is a four-rotor UAS that weighs less than five pounds, and is 

operated using a radio control 2.4 GHz transmitter, and monitored using an iPad based ground control 

station, connected via radio telemetry in the 2.4 GHz band. The DJI Phantom 3 has been operated with a 

payload of high-resolution camera for photography, videography, geospatial analysis and 

photogrammetry. This request for an exemption would support a COA application to use the OJI 

Phantom 3 multi-rotor UAS for low altitude agricultural survey, property survey, aerial photography, 

aerial videography, film production, construction inspections, monitoring damage in the event of a 

natural disaster and special events. 

PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking 

required under Section 333 of the Reform Act, by granting an exemption the FAA will fulfill Congress' 

intent of allowing UAS to operate with significant safety precautions in low risk environments. 

The use of sUASs on a construction site can significantly reduce the risk to workers of falls while 

inspecting, surveying, or monitoring site progress, sUASs can inspect, photograph, and collect data on 

hard to get to areas that otherwise would require worker inspection. Falls are the leading source of 

workplace fatality and injury on construction sites, and reducing falls through sUAS use for site imaging 

coul(fsave workers lives. 

Additionally, sUASs could replace the use of helicopters and small aircraft to monitor sites. The sUASs I 

propose to fly in this application is less than five pounds, and carry no combustible material on board, as 

opposed to the much larger conventionally powered small aircraft. Shifting to sUASs from helicopters 

presents a marked safety increase for workers and the public. 

Lastly, sUASs reduce the environmental impact by dramatically reducing the energy used for aerial 

imaging and data collection over a construction site, My sUASs use rechargeable lithium ion batteries, as 

opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier. 
EQUIVALENT LEVEL OF SAFETY 

I, Brendan Jefferies, propose that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the already safe protocols 

followed on construction sites and imaging and surveying operations conducted with helicopters and 

other conventional aircraft. I, Brendan Jefferies, will be bound by the following limitations when 

conducting its sUAS operations under an FAA issued exemption: 

1. The sUAS will be less than five pounds. 

2. Flights will be operated within visual line of sight of the Pilot in Command (PIC) and the Visual 

Observer (VO). 

3. Maximum total flight time for each operational flight will be 20-30 minutes. The DJI Phantom 3 

calculates battery reserve in real time, and will return to it ground station with at least 20% 

battery power reserve should that occurprtf~ to the 3Q minute limit. 

4. Flights will be operated at a typical altitude of 200 feet AGL, never exceeding 400 feet AGL. 

5. Crew for each operation will consist of the sUAS PIC and a VO who will keep the sUAS within 

their visual line of sight at all times. 

6. The sUAS PICs will possess an FAA issued airplane pilot certificate, a current medical certificate 

or US driver's license and be trained in sUAS systems, operations and safety procedures in 

accordance with the manufactures recommendations. 

7. The sUAS will only operate within a designated area in accordance with the waiver provisions. 

8. A briefing will be conducted in regard to the sUAS operations at each flight site to include 

planned operations, safety precautions, and any special procedures required to ensure no 

danger to personnel working at the site 

9. Written and/or oral permission from the relevant property holders will be obtained. 

10. All required permissions and permits will be obtained from territorial, state, county, or city 

jurisdiction, including local law enforcement, fire, or other appropriate governmental agencies. 

11. If the sUAS loses communications or loses its GPS signal, it will have the capability to return to a 

pre-determined location within the Security Perimeter and land. 

12. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

13. The sUASs will not be operated if in the area there are unusual risks such as electromagnetic 

interference, active crane operations, inclement weather, or other activities that put the safe 

operation of the vehicle in question or pose an undue risk to personnel or property. 

The operation of small UASs, weighting less than five pounds, conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the gram of the exemptions requested 

herein, including exempting the applicant from the requirements of Pan 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile 

environment and. as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 

All flights will occur over private or controlled access property with the property owner's prior consent 

and knowledge. Images taken will be of individuals who have also consented to being filmed or 
otherwise have agreed to be in the area where aerial photography will take place Satisfaction of the 

criteria provided in Section 333 of the Reform Act of 2012-size, weight, speed, operating capabilities, 

proximity to airports and populated areas and operation within visual line of sight and national securityprovide more than adequate justification for the grant of the requested exemptions allowing 

commercial operation of applicant's UASs in construction industry pursuant to the Manual appended 

hereto. 

The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exemptions includes Exemption Nos. 11062, 11109, 11112, and 11213 

I, Brendan Jefferies, am submitting this petition on my own behalf. If the FAA requires any modifications 

to my exemption request, I requests the opportunity to amend this petition to include any modifications 

the FAA may require before granting or rejecting thepetftion forexemptton. I will amend my petition to·· 

meet any additional standards for the integration of small UAS operation into the NAS. 

Sincerely, 

Brendan Jefferies 

6032 Feagan St. 

Houston, TX 77007 

{281) 380-9775 

brjefferies@yahoo.com 
EXEMPTION REQUESTS 

I, BRENDAN JEFFERIES, requests exemption for the following statutes: 

14CFR21 

14 CFR 91.203 

14 CFR 45.23 

14 CFR 45.29 

14 CFR 91.7 

14 CFR 91.9 

14 CFR 61.113 

14a.R 61.133 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 

14 CFR Subpart E (91.401- 91.417) 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1). 

14 CFR 21 -Airworthiness Certificates 

I, Brendan Jefferies, requests an exemption from Section 14 CRF Part 21 which requires the issuance of 

an Airworthiness Certificate for flight operation, while the FAA is still carrying out research and 

development for UAS standards and regulation. 

DJI Phantom 3 aircraft weights less than five pounds, including a payload of high-resolution camera. It 

will not carry fuel or passengers, and will obey the operational requirements (FRs) outlined in the 

introduction to this exemption petition. The DJI PHANTOM 3 can travel at most 2000 meters from 

· lat~tteh due to power·supply constra1ntsandfurwan;Lspeed-limitations.l assert that the DJLtmANTOM.3r~~·­

as compared to manned aircraft, significantly reduces the risk to crew, passengers, property, and the 

general public due its small size, limited range, and FR outlined above. 

In the event that the FAA requires me to obtain an Experimental Airworthiness Certificate or traditional 

Airworthiness Certificate in order to receive an exemption from Section 333, I, Brendan Jefferies, 

requests an opportunity to pursue such a certification. 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R 91.203(a)(1) 
Subpart H, entitled Airworthiness Certificates, 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 Brendan Jefferies., 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 U.S.C 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 LAS. My small UAS will be operated at low speed in a controlled environment, at least five 

miles from an airport with Class C, D, orE airspace without proper ATC coordination and clear of any 

densely populated areas. An analysis ofthese criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than conventional aircraft (fixed wing or helicopter) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

ThesUAS to be operated hereunder is less than five 5 p~unds fully loaded, carries neither a pilot nor 

.. passenger,-carriesno ~~plosive materla.ls~or fla~~able-liquldfuels, ando~perates excfuSfve.ly ~ithln asecured area. Like other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by the operator, and under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operation as is currently done on active construction 

sites. 

14 CFR 45.23 - Display of marks; general. 

Subsections (a) and (b) for 14 CFR 45.23 require that the operator of the aircraft display the registration 

number on the side of the aircraft, and at various positions "near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high". 

The DJI Phantom 3 does not have a cabin, cockpit, passengers or crew, and as such has no means of 

mounting it to these structures. I, Brendan Jefferies, propose that I will keep identification information 

and a DJI Phantom 3 manual with the PIC and VO at the ground station. I also propose that in place of 

the markings required by 14 CFR 45.23, I keep registration information and my mailing address, email 

address, and phone number permanently affixed to a visible exterior surface of the DJI Phantom 3. 

14 CFR 45.29 - Size of marks. 

Subsections (a) and (b) of 14 CFR 45.29 provide for the size and dimensions of the markings noted in 14 

CFR 45.23. Subsection (b) section (iii) states that "Marks at least 3 inches high may be displayed on an 

aircraft for which the FAA has issued an experimental certificate under§ 21.191 (d),§ 21.191 (g), or§ 

21.191 (i) of this chapter to operate as an exhibition aircraft, an amateur-built aircraft, or a light-sport 

aircraft when the maximum cruising speed of the aircraft does not exceed 180 knots CAS". 

I, Brendan Jefferies, proposes that the mounted identification information listed in the previous sections 

will be sufficient for identification for the DJI Phantom 3. As the DJI Phantom 3 is less than five pounds 

and does not have the space on board to post 3 inch letters, I propose that I will keep registration 
information and my identification information (mailing address, email address, phone number, or any 

other information the FAA deems relevant for identification purposes) permanently affixed to a visible 

exterior surface of the DJI Phantom 3 and with the PIC and VO on the ground. 

14 C.F.R. 91.7 (a): Civil aircraft airworthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there is no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the use of 

safety checklists prior to each flight, as set forth in Section B and Section G. an equivalent level of safety 

will be provided. 

The sUAS operated by myself will have an operating manual user guide that provides full and detailed 

operating specifications and guidelines sufficient to ensure compliance with all regulatory and best 

·· operatirrg-prbcetlui'€s saf~ractices~·· - .·~--· -· · · · ··- --- -

14 CFR 91.9 - Civil aircraft flight manual, marking, and placard requirements. 

Section 14 CFR 91.9 requires those operating an aircraft to keep a Flight Manual on board the aircraft 

during operation. 

I, Brendan Jefferies, requests an exemption from this section as the DJI Phantom 3 does not carry 

passengers or crew and would not benefit from keeping a Flight Manual on board the aircraft during 

operation. I will keep a Flight Manual with the PIC and VO at the ground station. 

14 CFR 61.113 - Private pilot privileges and limitations: Pilot in command and 14 CFR 61.133 -

Commercial pilot privileges and limitations. 

14 CFR 61.113 stipulates, "No person who holds a private pilot certificate may act PIC that is carrying 

passengers or property for compensation or hire". Subsection (b) of this part stipulates that the PIC may 

conduct flight 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." 

I, Brendan Jefferies, requests that the DJI Phantom 3 be operated with only ground school and a passing 

~· -sct>re blithe FA.AWrittenExamln·ation~T,lJRENDAN J EFPERrES;crequestntlattiTeOJt PHANTOM-3:be ~:c: 

allowed to operate for compensation or hire to complete for low altitude agricultural survey, property 

survey, aerial photography, aerial videography, film production, construction inspections, monitoring 

damage in the event of a natural disaster and Special Events. Considering that the DJI PHANTOM 3 does 

not carry passengers or property, and there is no equivalent flight certification for UAS PICs and VOs, I, 

BRENDAN JEFFERIES, requests that the PIC and VO be required to complete only an FAA approved 

ground school program and pass the FAA Written Examination. 

14 C.F.R. 91.103 - Preflight Action 
This regulation requires each pilot in command to take certain actions before a flight to ensure the 

safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight 

actions, including checking for weather conditions, checking flight battery requirements, checking 

takeoff and landing distances, and all other actions in the Preflight Checklist in the Manual. These 

actions will provide an equivalent level of safety. 

14 CFR 91.109 - Flight instruction; Simulated instrument flight and certain flight tests 

14 CFR 91.109 stipulates, "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." 

I, Brendan Jefferies, requests an exemption from this part, as the DJI Phantom 3 uses on board software 

and a small RC transmitter for flight operation, which can accommodate "Instructor" override with the 

correct RC transmitter. I feel that this override, along with training within VLOS for the PIC, VO, student, 

and tnstrm::torrts--suffrctent-for the operation of lTTVllii-Phantum-3--tJAS: ··· ---. ·· ··· ·---~--- <~·- -- --· · · · --· 

14 CFR 91.119 - Minimum safe altitudes: General. 

14 CFR 91.119 requires that the PIC operate at " ... 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." 

Following current FAA guidelines, the DJI Phantom 3 operates below 400 feet and within VLOS. 

Considering that I intend to operate within VLOS and below 400 feet, the DJI Phantom 3 cannot comply 

with this request. I, Brendan Jefferies, will operate within all guidelines and proposed operation 

procedures outlined above. 

14 CFR 91.121 -Altimeter settings. 

14 CFR 91.121 stipulates that the PIC "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- (i) The 

current reported altimeter setting of a station along the route and within 100 nautical miles of the 

aircraft. 11 

, ... , ..;;;;;~~~~~~,~"7--:.~1f-Phan1om--rrn-amtaTns·--a·n~>arttttld'e"~usirlgtne .-barotrrefrTc,-a~ltiiTide--te·ad·irtg a·-nd~fffe-·GPYread·i ng~fur~-~.--': --- -~- --·· 

altitude on board, transmitted through the 2.4 GHz telemetry dongle to iPad or Android device. 

Considering that I, BRENDAN JEFFERIES, uses primarily a barometric altitude reading, and the DJI 

PHANTOM 3 will only be in flight for around 20-30 minutes, even drastic changes in barometric pressure 

will not affect the altitude reading. 

14 CFR 91.151-Fuel requirements for flight in VFR conditions. 
-- --- ----~~~~~~----

14 CFR 91.151 requires that the PIC may not begin a flight under VFR "unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing. 

The DJI Phantom 3 does not use liquid fuel, but instead uses a lithium polymer battery that utilizes 

electric energy instead of fuel. Considering this clarification, and the fact that the DJI Phantom 3 cannot 

fly more than 2000 meters from its launch point, I, BRENDAN JEFFERIES, requests an exemption from 14 

CFR 91.151. 

The battery powering the sUAS provides approximately 20-30 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR 91.151, sUAS flights would not be allowable. Given the 

limitations on the UAS's proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. The 

DJI Phantom 3 calculates battery reserve in real time, and will return to it ground station with at least 

20% battery power reserve should that occur prior to the 30 minute limit. 

14 CFR 91.203- Civil Aircraft; Certifications Required 

Section 14 CFR 91.203 requires that aircraft carry on board the aircraft's Airworthiness Certificate. The 

subsection (b) further states that the Airworthiness Certificate should be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew". I, Brendan Jefferies have requested an 

exemption in the previous section (14 CFR 21 Airworthiness Certificates). In the event that the FAA 

required me to obtain an experimental Airworthiness Certificate, I, Brendan Jefferies would pursue such 

a certification and keep the relevant information on the ground with the PIC and VO at their designated 

ground station. 

Subsection (b) does not apply to the DJI Phantom 3, as it does not carry passengers or crew, or have a 

"cockpit" entrance. I, Brendan Jefferies proposes mounting the my identification information (mailing 

address, phone number, COA ID Number, or any other information deemed relevant to the FAA) and the 

UAS identification information (UAS unique number issued by myself, and Airworthiness Certificate 

information if required) on a visible exterior surface of the DJI PHANTOM 3. The sUAS is too small to 

carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To 

obtain an equivalent level of safety and meet the intent of 91.203, I propose that documents deemed 

appropriate for this aircraft by the FAA will be collocated with the operator at the ground control station 

and available for inspection upon request. To identify the aircraft, I propose that the information found 

on airworthiness and registration certificates be permanently affixed to the aircraft. 

14 CFR Subpart E (91.401- 91.417)- General Operating and Flight Rules 

Subsections 91.405 and 91.407 of 14 CFR Subpart E require that routine and regularly scheduled 

maintenance be performed upon the aircraft before flight. Furthermore, Section 91.407 Part (1) 

stipulates that no person may operate an aircraft unless "It has been approved for return to service by a 

person authorized under §43.7 of this chapter". I, BRENDAN JEFFERIES, requests exemption from these 

points, and proposes that the PIC and VO be allowed to perform maintenance reviews and inspections 

once a month, and pre-flight checks before every flight. The PIC and VO will be able to repair broken 
arms, replace broken or worn propellers, and calibrate using the flight software. Further diagnosis or 

maintenance that requires tools not available to the PIC or VO in the field will be performed by myself. 

The operator will ensure that the aircraft is in an airworthy condition prior to every flight and in 

addition, conduct detailed inspections before and after each flight. Maintenance performed by the 

operator is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be performed by 

the manufacturer or their designated repair facility. The operator will document work performed in 

accordance with 91.417. I feel that due to the size, construction, and simplicity of the aircraft, the 

operator can ensure an equivalent level of safety. 

FAA Policy 8900.227 Paragraph 16(c) (4) and Paragraph 16(e) (1). 

Policy 8900.227 Paragraphs 16(c) (4) and 16(e) (1) stipulate that the PIC and VO must have valid medical 

evaluatiens, dassified-a-s-FAAsecond=dassmedical--certifi-cates;-inorderto perform as-thePitot InCommand or the Visual Observer. Considering that the PIC and VO will both be on the ground, and that 

the DJI PHANTOM 3 cannot travel further 2000 meters, I, BRENDAN JEFFERIES, proposes that the PIC 

and VO only be required to have 20/20 vision or corrective lenses or contacts, or a State issued Drivers 

License.