October 14, 2015 

Docket Operations M-30 

U.S Department of Transportation (DOT) 

1200 New Jersey Avenue SE 

Room W12-140 West Building Ground Floor 

Washington, DC 20590-0001 

VIA FAX 202-493-2251 

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

Regulations 

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, request that I, 

Nathan J Hammersley, owner and operator of Unmanned Aircraft Systems ("UAS"), herby applies for an 

exemption from the Federal Aviation Regulations ("FARs") listed below so that I, Nathan J Hammersley may 

operate the UAS commercially in airspace regulated by the Federal Aviation Administration ("FAA"). Thank 

you in advance for your consideration. 

I, Nathan J Hammersley, have over 75 hours of recreational and hobby use of my DJI Phantom 3 Professional. 

This experience and overall quality of the UAS has uncovered potential clients in the aerial photography 

market, including construction site, surveying and real estate. It is for these reasons that 1, Nathan J 

Hammersley, wish to pursue exemption from the FARs listed below. 

I. Contact Information: 

Nathan J Hammersley 

6369 Pheasant Lane 

Verona WI, 53593 

Mobile: 608-692-8734 

Email: nate.hammersley@gmail.com 

11. The specific sections of Title 14 of the Code of Federal Regulations from which Nathan J. Hamrnersley 

requests exemption: 

14 CFR 21 subpart H 14 CFR 45.23 (b) 

14 CFR 61.113 (a) and (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b)(2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203 (a) and (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a)(1) 

14 CFR 91.409 (a)(1) and (2) 

14 CFR 91.417 (a) and (b) 
The extent of relief Nathan J Hammersley seeks and the reason he seeks the relief: 

The requested exemption would support an application for a commercial Certificate of Authorization to use 

the UAS for construction site photography and videos, Farmland photography and videos, as well as, site 

surveying and real estate. The DJI Phantom 3 Professional is a remote control, battery operated UAS. Total 

weight including battery, propellers and camera is 1280 Grams. The 2.4 GHz remote control gives the user 

complete control over the UAS, provided it is in direct line of site and below 400 ft. Additionally, the DJI 

Phantom 3 Professional offers a first person live video feed via WiFi with the ability to take pictures and 

videos. The UAS uses GPS technology to record its take off location, for instances when remote control signal 

is lost, it immediately retums to its take of location. GPS also provides the user with altitude and distance 

through the DJI GO phone application. Additionally, the phone application provides the user with battery life, 

camera tilt control, orientation and first person live video feed. The high resolution videos and photos provide 

owners with stunning images of buildings or houses that traditional aerial photography cannot see. 

I, Nathan J Hammersley, am extremeiy cautious when operating my UAS and will not create a hazard to user 

in the NAS or public. Given the small weight of the Phantom 3 Professional it falls below requirement given by 

the Reform Act. I, Nathan J Hammersley, have reputable safety record and do not pose any threat to national 

security or the general public. 

IV. How Nathan J Hammersley's request will benefit the public as a whole: 

Aerial photography has been used for construction sites and surveying for many decades. The cost for this 

photography can cost thousands of dollars making it unaffordable for the average home owner. Additionally, 

conventional aerial photography is taken from high altitudes, resulting in poor quality photos. Traditional 

aerial photography has many other limitations, including: weather dependent flights, flight schedules and 

duration of flights. 

The DJI Phantom 3 Professional offers many benefits that tradition aerial photography cannot The UAS takes 

off near the site, whereas, a manned aircraft must travel some distance from the takeoff strip to the site, 

resulting in greater fossil fuel emissions. Unlike the tradition manned aircraft, the UAS is maneuverable and 

hovers for precise camera control, giving the owner the exact image they want. A standard UAS flight lasts 

about 20 minutes. The energy required for this 20 minute flight is a single battery charge. On the other hand, 

traditional aerial photography can take hours to perform and gallons of fuel, resulting in higher costs to the 

owner. In summary, the DJI Phantom 3 Professional uses less energy and offers greater camera precision, all 

at a fraction of the cost of traditional aerial photography. 

V. Reasons why Nathan J Hammersley's exemption will not adversely affect, orhowthe 

exemption would provide a level of safety at least equal to the existing rule: 

My, Nathan J Hammersley, exemption will not adversely affect the national security or the general public. The 

UAS will be operated by me and a ground-based visual observer with the following additional restrictions: 

• The UAS weighs less than 5 Ibs. 

• AII operations will occur in Class G airspace at no more than 400' AGL 

• Operations will be operated over private property with the permission of theland owner or 

Representative of land owner. 
• The UAS will not be operated at air shows or over an open-air assembly of people. 

• The UAS will not be operated over heavily trafFcked roads. 

• Operations will be limited to day time. 

• UAS will remain within Visual line of Sight at no greater than % NM of the controller at all times. 

• The UAS will land within the manufacturer's recommended minimum level of battery life. 

• Ground-based observer and pilot will at all times be within verbal communication distance. 

• If the UAS loses communication it will have the capability to retum to a pre-recorded location. 

VI. Reasons why Nathan J Hammersley's exemption will not adverseiy affect, or how the exemption 

would provide a level of safety at least equal to the existing rule: 

14 CFR 21 subpart H, entitled Airworthiness Certif cates, set forth requirements for procurement of necessary 

air worthiness certificates in relation to FAR 91203(a)(1). The size and limited operating area associated with 

the UAS permits exemption from Part 215ubpart 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(0) 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 UAS. The small UAS will be operated at Iow speed in a controlled 

environment at least five miles from an airport. An analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certifcate, in the restricted environment and under the conditions 

proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with 

an airworthiness certif cate without the restrictions and conditions proposed. 

14 CFR 45.23 (b) This regulation requires certain experimental, provisionally certiflcated aircraft, or (ight sport 

category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "lightsport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though 

the UAS will have no airworthiness certifcate, an exemption may be needed as the UAS will have no entrance 

to the cabin, cockpit or pilot station on which the word Experimental" can be placed. Given the size of the UAS, 

two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance 

with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identifcation of 

the UAS as "Experimental." 

14 CFR 61.113 (a) and (b) Pursuant to 14 CFR 61.113 (a) &(b), 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. 

The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations 

because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendant to the 

operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. 

14 CFR 91.7 (a) The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be 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 requirements contained in the Manual for maintenance and use of safety checklists prior to each flight, an 

equivalent level of safety will be provided. 
14 CFR 91.9 (b)(2) The UAS, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not oniy because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the UAS will have immediate access to it. 

14 CFR 91.103 This regulation requires each pilot in command to take certain actions before flight to insure 

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal 

Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. 

14 CFR 91.109 Section 91.103 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. By 

design, UASs and remotely piloted aircraft 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 equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the 

aircraft, the ability to control the UAS via radio signals frorn the controller, and by the size and speed of the 

aircraft. 

14 CFR 91.119 Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. 

As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes 

up to 400 AGL, or not more than 200 above an elevated platform from which fdming is planned, an exemption 

may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 

AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure 

whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point 

on the structure. It will however be operated in a restricted area with security perimeter, where buildings and 

people will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the 

location where it is operated. No flight will be taken without the perrnission of the property owner or local 

officials. Because of the advance notice to the properry owner and participants in the filming activity, all 

afFected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft 

or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of flammable fuel, 

any risk associated with these operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation 

between these UAS operations and the operations of conventional aircraft that must compiy with Section 

91.119. 

14 CFR 91.121 This regulation requires 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." 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, pursuant to the UAS Manual and Safety Check list, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 CFR 91.151(a) The regulation provides that no person may begin a flight in an airplane under day- VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at 

least 30 minutes. The UAS is battery operated and the maximum duration of flight from a single battery charge 

is 20 minutes. Since the aircraft will never fly more than 1/2 nm from the point of intended landing, a full 

battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. The 

applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% of 

battery power — whichever happens f rst. 

14 CFR 91.203 (a) and (b) The regulation provides in part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following: 

(1) An appropriate and current airworthiness certificate. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of 

this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance 

so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 30 Ibs and is operated without an onboard pilot. Therefore there is 

no ability or place to carry certification and registration documents or to display them on the UAS. An 

equivalent level of safety will be achieved by keeping these documents at the ground flight control point 

where the pilot flying the UAS will have immediate access to them; to the extent they are applicable to the 

UAS. 

14 CFR 91.405 (a), 14 CFR 91.407 (a)(1), 14 CFR 91.409 (a)(1) and (2), 14 CFR 91.417 (a) and (b) These 

regulations require that an aircraft operator or owner "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" and others shall inspect or 

maintain the aircraft in compliance with Part 43. 

Given these sections and Part 43 apply only to aircraft with an airworthiness certificate these sections wiil not 

apply to CDG Engineers. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited 

in size and will carry a small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL 

The operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. 
VII. Additionallnformation: 

This Petition for Exemption demonstrates the appropriate safeguards and criteria that Congress articulated in 

Section 333 including weight, speed, operating capabilities, proximity to airports and populated areas, 

operation within visual line of site and national security concerns. The proposed UAS operations will benefit 

the public as a whole by reducing human exposure to the risks associated with manned aircraft performing 

the activities. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than 

adequate justifcation to allow commercial operation of Petitioner's small UASs for the purpose of 

construction site photography and surveying. 

Thank you for your time. Please contact me if you have any questions or concerns. 

RespectFully, 

~ 

Nathan J Hammersley 

6369 Pheasant Lane 

Verona, WI 53593 

Mobile: 608-692-8734 

Email: nate.hammersley@gmail.com