February 11, 2016

US Department of 

Transportation Docket 

Management System

1200 New Jersey Ave. SE

Washington DC 20590

Via email: 

333exemptions@faa.gov

RE: Petition for Exemption – Section 333 of the Federal Aviation Administration Reform Act and Part

11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) &

(b); 91.7(a); 91.9(b)(2); 91.103(b); 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a) & (b); 

91.407(a)(1);91.409(a)(1) & (a)(2); 91.417(a) & (b).

Dear Sirs,

PVE Sheffler respectfully submits the enclosed Petition for Exemption from Section 333 of the Federal 

Aviation Administration Reform Act, and from the Federal Aviation Regulations listed below so that we 

may operate a small ultra-light weight unmanned aircraft system (sUAS) commercially in the National 

AirSpace System regulated by the Federal Aviation Administration (FAA) in accordance with the FAA UAS 

Regulations and Policies. 

PVE Sheffler is a professional engineering, survey, and environmental company, focusing in the areas of 

general municipal, public works and private land development projects. The staff of professionals 

possesses expertise in the areas of land development, site grading, storm water management, hydrology 

and hydraulics, sewer & water design, soil erosion and sedimentation control, environmental 

permitting, structural engineering, architecture, electrical engineering and surveying. PVE Sheffler has a 

mission to provide sound investigation of the physical, economic, social and environmental qualities on 

every project. We stress personal service and a total quality management approach to our clients. Our 

team takes great pride in our safety culture, the way we analyze projects to ensure our client’s success 

and exceed our client’s demands. We look forward to expanding our knowledge and expertise to include 

UAV services.

A. Name and Address of Petitioner:

PVE Sheffler, LLC

Waterfront Corporate Park III

2000 Georgetowne Drive, Suite 101

Sewickley, PA 15137

Phone: (724) 444-1100
Point of Contact and Specific Contact Information:

Jerron Atkin, PLS & CFedS

Director of Surveys

PVE Sheffler, LLC

Waterfront Corporate Park III

2000 Georgetowne Drive, Suite 101

Sewickley, PA 15137

Phone: (724) 444-1100

B. Unmanned Aircraft System:

PVE Sheffler petitions for exemption to operate the DJI Phantom 3 Professional Drone in a 

commercial capacity to perform aerial survey, mapping, filming, photogrammetry, and 

photography. The specifications for this sUAS are as follows:

DJI Phantom 3 Professional:

 Weight (including battery and propellers): 1280g (2.82 lbs)

 Diagonal Size (including propellers): 590 mm (1.93 ft)

 Power Supply: 4480 mAh battery

 Max Flight Speed: 16 m/s (31.10 knots)

 Integrated GPS/Glonass Flight Control System: Vertical Hover Accuracy +/- 0.1m; 

Horizontal Hover Accuracy +/- 1.5m

 Transmitter: Operating Frequency: 2.400 GHz-2.483 GHz

 Transmitter Power: FCC Compliance 20 dBm

C. Flight Operation and Safety:

The sUAS that PVE Sheffler will operate has in place certain safety precautions inherent in 

the design of the model, such as:

 The sUAS contains an on board flight control system with GPS navigation and 

location ability that receives signals from a ground station. The flight control system 

will automatically control the aircraft to fly back to the launch point and land if 

communication with ground station is lost.

 The on board telemetry system receives flight data including altitude, horizontal and 

vertical speed, compass direction of flight, and distance from launch point and 

transmits that data to the ground station.

 On board camera transmits live video to the ground station, which receives all flight 

data, and can be viewed on screen by the Pilot in Charge (PIC) throughout the flight.

PVE Sheffler has developed protocols for operating this sUAS safely, and has incorporated 

the same into our company safety manual. These protocols have been developed based on 

the safety guidelines set forth on the Academy of Model Aeronautics (AMA) website, the 

FAA website, and also the safety information contained in the Phantom 3 Professional 

Safety Manual. They include:

 The sUAS will be flown below 400' (feet) and remain clear of surrounding obstacles.
 Keep the aircraft within visible line of site at all times. A visual observer will be 

present during all flights for the entire duration to provide a second pair of eyes in 

order to visually track the sUAS during the flight.

 PVE Sheffler will make sure the flight path/area is clear of all unprotected persons, 

buildings, obstacles, or moving vehicles before initiating each flight.

 We will not be careless or reckless when flying the sUAS.

 We will not fly near pedestrians, stadiums, power stations, or any other public 

infrastructure.

 When flying in residential areaswe will seek permission of those around and ensure 

they understand how we are using the sUAS. 

 We will not operate the sUAS in any adverse conditions, weather or otherwise.

 The sUAS will only be operated during daylight hours.

 The sUAS will not be operated in wind speeds in excess of 17 mph.

 The Pilot in Charge will be in control of the sUAS at all times, and keep the sUAS in 

his Visual Line of Sight, not exceeding a distance of 1000' from himself

 The landing/launch site will be clearly identified and marked by visible barriers.

 The sUAS will not be flown at speeds higher than 30 mph.

 The sUAS will not fly within 5 miles of any airport.

 The Pilot in Charge will cease the flight immediately should there be a manned 

aircraft detected nearby.

 All documentation from the FAA and manuals for the sUAS will be kept at the launch 

site during all flights.

 A detailed flight log will be kept for all flights, including maintenance issues, flight 

data, and weather conditions.

In addition to these general safety regulations, PVE Sheffler will also abide by specific 

operations protocols for every flight, as suggested in the Phantom 3 Professional Safety 

Manual.:

 A completed preflight inspection of the sUAS and the location of the flight will be 

conducted prior to any use.

 The remote controller and aircraft batteries will be checked to ensure they are fully 

charged.

 The propellers and motors will be inspected to ensure they are in good condition, 

secured tightly, and there is nothing obstructing either object.

 The compass and GPS system will be calibrated at every new flight location.

D. Pilot in Charge:

PVE Sheffler has in its employ a Pilot in Charge (PIC) to ensure the safe and compliant 

operation of the sUAS. All flights will be conducted under this PIC's control. Credentials, 

pilot's license and other documentation may be provided upon request.

E. Exemptions Requested:

PVE Sheffler respectfully requests the following exemptions from FAA Section 333 and the 
federal regulations explained below:

1. 14 C.F.R. 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). 

The sUAS to be operated are less than 55 lbs. fully loaded, flight speed will not exceed

30mph, it carries neither a pilot nor passenger, carries no explosive materials or

flammable liquid fuels, and operates exclusively within a secured area. The sUAS will 

be operated in a restricted environment, in a safe manner, as described above. 

2. 14 C.F.R. § 45.23 - Marking of the Aircraft requires that the operator must display on

that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less

than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable."

The sUAS will not have a cabin, cockpit, or pilot station on which to mark these words

and furthermore two inch lettering is difficult to place on the sUAS with dimensions

smaller than the minimal lettering requirements.

3. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command,

limit private pilots to non-commercial operations.

The sUAS will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations. The sUAS are remotely-controlled with

no living thing on board. The area of operation is controlled and restricted, and all flights

are planned and coordinated in advance as set forth in the Safety Checklist. 

4. 14 C.F.R. §91.7(a): Civil aircraft airworthiness requires that no person may operate a

civil aircraft unless it is in airworthy condition.

No FAA regulatory standard currently exists for determining airworthiness of the sUAS.

Given the size of the aircraft and the requirements of the Safety Checklist prior to each

flight, an equivalent level of safety will be provided.

5. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft provides “No person

may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft

Flight Manual, approved manual material, markings, and placards, or any combination

thereof."

The sUAS given its size and configuration has no ability or place to carry such a flight

manual on the aircraft. The equivalent level of safety will be maintained by keeping the

flight manual at the ground station to which the sUAS Pilot in Charge flying the sUAS will 

have immediate access.

6. 14 C.F.R. § 91.103: Preflight action requires each pilot in command to take certain
actions before flight to ensure the safety of flight.

No FAA-approved flight manuals currently exist for the sUAS. An equivalent level of safety 

will be provided as set forth in the Safety Checklist. The PIC will take all actions including 

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight.

7. 14 C.F.R. § 91.105: Flight crewmembers at station requires each crewmember to be at 

the crewmember station and keep the safety belt fastened. 

The sUAS given its size and configuration has no ability to carry any passengers or 

crew members. 

8. 14 C.F.R. § 91.109: Flight Instruction; Simulated instrument flights and certain flight 

tests states that no person may operate a civil aircraft for flight instruction unless it has 

fully functioning dual controls. However, instrument flight instruction may be given in an 

airplane that is equipped with a single, functioning throwover control wheel that 

controls the elevator and ailerons when- (1) the instructor has determined the flight 

can be conducted safely (2) the person has a private pilot certificate with appropriate 

category and class ratings. 

The sUAS is controlled from the ground and will fly no higher than 120 meters above 

ground level and will stay away from any surrounding obstacles. The Phantom 3 

Professional’s flight controller includes a new flight mode, including a Failsafe and 

Return-to-Home feature ensuring the safe return of the aircraft even if the control signal 

is lost. 

An equivalent level of safety will be achieved by the PIC, pursuant to the Safety Checklist,

confirming that the flight can be conducted safely. 

9. 14 C.F.R. § 91.119: Minimum safe altitudes establishes safe altitudes for operation of civil 

aircraft. Section 91.119( d) allows helicopters, powered parachutes and weight- shiftcontrol aircraft to be operated at less than the minimums prescribed because their low 

speed and responsive controls allow operations to be conducted, "without hazard to

persons or property on the surface ... "

The sUAS will never operate at higher than 300 AGL. It will be operated in a restricted

area, where buildings and people will not be exposed to operations without their preobtained consent.

10. 14 C.F.R. § 91.121 Altimeter Settings 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."

No method currently exists to adjust the barometric altimeter on the sUAS. An equivalent 

level of safety will be achieved by the PIC, pursuant to the Safety Checklist, confirming 

the altitude of the launch site shown on the GPS altitude indicator before flight.

11. 14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions prohibits an

individual from beginning "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."

The sUAS is powered by battery and not combustible fuel and is much more limited than

that of combustion powered flight. The sUAS will be flown in a predetermined area and

returned to the ground station when battery capacity has reached 20%. The sUAS will not

be flown at night.

12. 14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

provides in pertinent 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 sUAS fully loaded weighs no more than 55 lbs. and are operated without an onboard

pilot. As such, there is no ability or place to carry certification and registration

documents, or to display them on the sUAS. An equivalent level of safety will be achieved 

by keeping these documents at the ground station where the PIC flying the sUAS will 

have immediate access to them.

k) 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417 (a) & (b): Maintenance

Inspections 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.

These sections and Part 43 apply only to aircraft with an airworthiness certificate. An

equivalent level of safety will be achieved because the sUAS is 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 sUAS can land immediately and will be operating

from no higher than 300 feet AGL.

As provided for in the Safety Checklist, we will ensure that the sUAS is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the applicant 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.

F. Public Interest:

PVE Sheffler believes that granting an exemption from Section 333 would allow us to 

provide professional engineering, land surveying, energy, and development services to the 
public in a safe, efficient and cost-effective manner. PVE Sheffler will be able to perform 

surveying services for the public that may be too dangerous or too hazardous for a person 

to perform on the ground, such as OSHA regulated hazard sites or active construction zones. 

By utilizing an sUAS we can perform site inspections and collect aerial imagery data on these 

hazardous sites or construction sites when the same may not be safe for unqualified field 

personnel. Aerial mapping/photogrammetry also limits the exposure of field workers to 

natural unsafe conditions, such as dangerous wildlife, steep ridges or hillsides, and large 

bodies of water on a project site.

Use of an sUAS would also provide economic benefits to the public, by introducing a lowercost alternative to current methods of collecting survey data. The sUAS can cover a much 

larger surface area by air than a traditional survey crew could on foot, providing the same 

accuracy of data, in a shorter time frame, with less man-power. 

G. Additional information:

The Phantom 3 Professional User Manual and Safety Manual can be found on the company 

website: 

1) https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manu

al__V1.6.pdf

2) http://dl.djicdn.com/downloads/phantom_3/en/Phantom%203%20Safety%20Guideline

s%20and%20Disclaimer.pdf

Respectfully submitted,