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March 2, 2016

Jonathan Tassey

1815 Hunter’s Point Dr. Apt 22

Arlington, TX 76006

Jonathan.Tassey@faa.gov

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Dear Sir or Madam: 

As pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 , I, Jonathan Tassey

(Petitioner), request an exemption for the following sections of Title 14, code of Federal Air 

Regulations (FAR): 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a)(b). 

The petitioner is requesting to conduct operation of small unmanned aircraft system (UAS) in a 

commercial capacity within federal air space. Commercial operation would include: 

• Aerial Filmmaking and Photography 

• Aerial Survey 

• Real Estate

• Utility System inspections 

• Construction inspections 

• Forestry inspections 

• Agriculture 

• Search and Rescue 

• News gathering 

I, the petitioner, am an FAA employee as an air traffic control specialist at Fort Worth ARTCC (ZFW). 

I also hold a private pilot certificate (#3677448) and a current valid FAA Class 2 medical certificate. I 

have well over 200 hours of flying UAS as a hobbyist and I plan to start a small business involving 

my UAS. I am well aware of the rules and regulations regarding UAS in the NAS and I will follow 

them very carefully. The type and model of UAS systems that I plan to use in my business are the

DJI Phantom, DJI Phantom 2, DJI Phantom 3, and DJI Phantom 4. All four of which will be registered 

with the FAA database, and also fall under the minimum regulations regarding size, weight, and 

speed. 
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Operational relief in the form of a section 333 exception is being requested for the following FARs: 

91. 119(c) As granted in Exemption 11138. Establish safe altitudes for operations. Except when 

necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue

hazard to persons or property on the surface. (b) Over congested areas. Over any congested area 

of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet 

above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other 

than congested areas. 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. (d) Helicopters, powered parachutes, and weightshiftcontrol aircraft. If the operation is conducted without hazard to persons or property on the 

surface— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or (c) of this section, provided each person operating the helicopter complies with any routes or 

altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or 

weightshift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) 

of this section

91.121 As granted in Exemption 11138. Mandates each person 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; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure. 

91.151 (a) As granted in Exemption 11136. Mandates fuel requirements for flight in VFR 

conditions. (a) No person may begin 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. 

91.405(a) As granted in Exemption 11138. Requires the operator /owners 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. 

91.407(a)(1) As granted in Exemption 11138. Prohibits operation after maintenance, preventive 

maintenance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone 
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maintenance, preventive maintenance, rebuilding, or alteration unless— (1) It has been approved 

for return to service by a person authorized under§ 43.7 of this chapter. 

91.409(a)(2) As granted in Exemption 11138. Requires (a) Except as provided in paragraph (c) of 

this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it 

has had—(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter. 

91.417(a)(b) As granted in Exemption 11138. Requires (a) Except for work performed in 

accordance with§§ 91.411 and 91.413, each registered owner or operator shall keep the following 

records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 

100hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The 

records must include— 

(i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

(iv)The current inspection status of the aircraft, including the time since the last inspection required 

by the inspection program under which the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD 

or safety directive involves recurring action, the time and date when the next action is required. 

(vi)Copies of the forms prescribed by§ 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed. 
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(2) The records specified in paragraph (a) (2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under§ 43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to service 

UAS systems requested to operate under this exemption – DJI Phantom 1, DJI Phantom 2, DJI 

Phantom 3, and DJI Phantom 4. 

Specifications: 

WEIGHT: 1380 g (Heaviest of the four requested models)

DIAGONAL SIZE: 590 mm (Largest of the four requested models)

MAX ASCENT SPEED: 6 m/s (Fastest of the four requested models)

MAX DESCENT SPEED: 4 m/s (Fastest of the four requested models)

MAX SPEED: 20 m/s (Fastest of the four requested models)

Pre-flight inspection 

PIC will perform preflight inspection prior to each flight. Inspection will follow Preflight check list as 

outlined in the DJI Phantom operator’s manuals. Preflight will include but not limited to: 

1. Remote controller, intelligent flight batter, and mobile device are fully charged. 

2. Propellers are mounted correctly and firmly 

3. Micro-SD card has been inserted 

4. Motors can start and are functioning normally

5. Compass is calibrated. 

Maintenance 

Standard operating procedures (SOP) related to UAS maintenance will be developed for the aircraft. 

These procedures will include a complete inspection every 60 minutes of flight time. The inspection 

will include but not limited to:

1: Verifying Phantom’s screws are tight. 

2: Inspection over the Phantom’s body.

3: Spin the motors to make sure they move freely, listen out for any abnormal noise. Also run the 

motors with the propellers off and listed for a sound difference. 

4: Inspection of the landing gear and make sure there is no damage to the antennas or compass. 
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Inspection of pads on the bottom and replace if broken/damaged. 

5: Inspection the rubber dampers for damage and that they are seated correctly. Verify that the 

anti-drop pins are fitted. 

6: Check gimbal movement is OK. Listen for any unusual noise. 

7: Check the VPS (Vision Positioning System) is clean as dirt could reduce its performance. 

8: Check the propellers for cracks and chips as well as wear to the hub 

Safety 

UAS will be operated by holder of Private Pilot certificate, with current state driver’s license. UAS 

will be operated with in visual line of site and at altitudes less than 400 AGL. UAS will be operated at 

speeds less than 40 MPH. Operation of UAS will be at least 100 feet from any persons or property 

not involved with the operation. A visual observer will be present during operation. The PIC will 

ensure the VO can perform duties. The PIC and VO will verbally communicate at all times. The 

Phantoms are equipped with fail safe modes in with of low battery, or loss of GPS signal. In these 

situations, the UAS will return to the point of takeoff. The UAS will only fly in VMC conditions and 

under VFR flight rules.

Radio Frequency 

UAS and associated equipment complies with part 15 of FCC rules. 

 

Public interest 

UAS aircraft improves safety, carbon impact and noise levels to the public and environment. 

Communities and entities will benefit in lower cost solutions to aerial filmmaking and photography, 

aerial survey, pipeline inspection, utility system inspections, construction inspection, forestry 

inspections, agriculture, Search and Rescue and news gatherings. 

Summary 

Surveys and market demand show a significant demand for services that can be provided with a 

section 333 exemption. 

Sincerely, 

Jonathan Tassey

Jonathan.tassey@faa.gov