Kyle Weller

456 Bagley Place

Cliffside Park, NJ 07010

M: 614-787-8304

E: weller.kyle@gmail.com

May 18, 2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments

Please see the following URL for downloading or viewing of related attachments 

including the Phantom 3 Advanced user’s manual, quick start guide, and disclaimer: 

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

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,

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, I Kyle Weller, referred to 

hereafter as the petitioner, 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 or other methods such as lift trucks, cranes or booms. Operations will 

be performed only at the request of, and with the authorization and permission of clients 

or their authorized agents. 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 reference 

13.

Requested Exemption

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 record keeping, were sufficient to ensure that safety would not be 

adversely affected.

The UAS

The DJI Phantom 3 Advanced is a small rotorcraft in the quadcopter configuration with 

an advertised weight 1280g designed primarily to carry aloft a high definition camera. It 

has an advertised maximum speed of 16 m/s (ATTI mode, no wind) and a maximum 

climb rate of 5 m/s. It is powered by four electric motors with a distance between motors 

of 590 mm. 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 also controlled in hover by Vision Positioning 

System that senses the ground. It is controlled primarily through an FCC certified radio 

control (RC) unit. Real time video and telemetry information are transmitted back to a 

ground control unit 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. A “Return-to-Home” feature can be 

manually initiated with the press of a button. It is anticipated that flights will usually last 

less than 20 minutes. More information is available at the attachment URL, above.

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.

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 request for several uses of the UAS is to allow for future demand to be 

met without the need for additional exemptions to be filed. There is already a high 

demand for real estate photography, crop surveying, and aerial inspection of property. 

Use of an UAS would ultimately provide a tool that is far safer, more cost effective and 
more timely than other methods. The primary purpose of seeking this exemption is to 

obtain the capability to offer those services while remaining in compliance with FAA 

regulations.

Sincerely,

Kyle Weller