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October 2, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Federal Aviation Regulations

Respectfully, this exemption application will assist the Congressional mandate in Section 333 of 

the Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") 

if it can be accomplished safely. This law directs the Secretary of Transportation to consider 

whether certain UASs may operate safely in the NAS before completion of the rulemaking 

required under Section 333 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the following:

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act§ 333(a) (1). If the Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system." /d. §333(c) 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§401 01 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate. The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 of this title 

if the Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 

49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). 

Thank you for your consideration in this matter.

Name and Address of Petitioner

David D. Thomas

205 Katherine Lane

Coatesville, PA 19320

Phone: 610-380-8024

Email: ddtlmt@verizon.net
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I, David D. Thomas, pursuant to the provisions contained within Federal Aviation Regulations 

(14 C.F.R. 11) and the FAA Modernization and Reform Act of 2012, Section 333, request 

exemption for the Federal Aviation Regulations (“FAR”) listed below, for the purpose of 

commercial operation of small unmanned aircraft systems (“UAS”) in airspace regulated by the 

Federal Aviation Administration (“FAA”).

FAR exemption requests:

14 CFR Part 21 subpart H; 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b);

14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103(b); 14 CFR 91.109 1; 14 CFR 91.113 (a) 

and (b); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b);

14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (a) (2); 14 CFR 417 (a) & (b).

I propose to utilize the DJI Phantom 2 UAS, DJI Phantom 3 Professional UAS and DJI Inspire 1 

UAS for commercial aerial photography and aerial videography, providing valuable services for 

a host of commercial interests, including architectural, archeological, and agricultural purposes, 

construction sites, real estate, inspection of buildings/properties, infrastructure and geographical 

research, and surveys, surveys for oil and gas as well as possible search and rescue operations 

across the United States.. Each aircraft noted is built in a quadcopter configuration, having four 

rotors and four motors. Each UAS weighs less than 55 pounds, including payload, and under 

normal conditions do not exceed a speed of 30 knots. Each described UAS provides a vertical 

takeoff with the capability to hover and to move in the vertical and horizontal planes 

simultaneously. Equipped with auto return and GPS functions, each described UAS can return 

to a predetermined safe landing area and provide reading of magnetic interference that can 

cause loss of GPS signal. All UAS flights will be line of sight and include a pilot in control (PIC) 

and a visual observer, who are in audible communication with each other.

Use of the above described UASs reduces the need to operate conventional aircraft or deploy 

survey crews into dangerous areas for the same purpose. The DJI Phantom 2, DJI Phantom 3 

Professional and DJI Inspire 1 provide professional photography and videography at a fraction 

of the cost, time and risk required by conventional aircraft or ground crews. This correlates to 

improved safety, efficiency, cost effectiveness, productivity, reduced emissions and lessened 

environmental impact.

As the file size is too large for uploading with this petition, please see the following URL’s for 

manufacturer documentation on the DJI Phantom 2 UAS (User Manual, Quick Start Guide, 

Release Notes, Safety Guidelines), DJI Phantom 3 Professional UAS (User Manual, Quick Start 

Guide, Release Notes, Safety Guidelines) and DJI Inspire 1 UAS (User Manual, Quick Start 

Guide, Release Notes, Safety Guidelines)

Phantom 2 downloads URL:

http://www.dji.com/product/phantom-2/download

Phantom 3 Professional downloads URL:
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http://www.dji.com/product/phantom-3/download

Inspire 1 downloads URL:

http://www.dji.com/product/inspire-1/download

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant 

public benefit, including enhanced safety and cost savings associated with transitioning to UASs 

for aerial survey photography. Accordingly, the applicant respectfully requests that the FAA, 

grant the requested exemption without delay.

Relief sought and why

14 CFR Part 21 subpart H: The UASs to be operated carries neither pilot nor passenger and 

carries no explosive materials or flammable liquids. Given the size, weight, speed, and limited 

operating area associated with the aircraft to be utilized, I request exception. In the restricted 

environment and under the conditions proposed, operation will be at least as safe, or safer than 

a conventional aircraft operating with an airworthiness certificate without said restrictions.

14 CFR 45.23 (b): Due to the size of the respective UAS it does not have a cockpit, cabin, or 

pilot station on which to market certain words or phrases. Lettering would be very difficult to 

place on such a small aircraft and dimensions would need to be smaller than required minimum. 

I will mark my UASs with the largest possible letters by placing the word "Experimental" or 

assigned number or name, based on request/ruling of FAA, on UAS fuselage. The equivalent 

level of safety will be provided by having each UAS marked on its fuselage as required.

14 C.F.R. 61.113 (a) and (b): Private pilots are limited to non-commercial operations. I can 

achieve an equivalent level of safety as achieved by current Regulations as the UASs utilized 

do not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure 

remote control piloting skills. The risks attended to the operation of my UAS is far less than the 

risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing 

the PIC operation of the respective UASs, to operate in a manner that will meet and exceed 

current safety levels in relation to 14 C.F.R. 61.113 (a) & (b).

As set forth more fully below, an equivalent level of safety will be maintained because no PIC 

will be allowed to operate the DJI Phantom 2 UAS, DJI Phantom 3 Professional UAS or DJI 

Inspire 1 UAS unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate these UASs in a manner consistent with the 

operations specifications as described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and 

structures.

Further, flights of the UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will 

be incidental to any business; and (2) will not carry passengers or property for compensation or 

hire.
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14 CFR 91.7 (a): As there will be no airworthiness certificate for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

14 CFR 91.9 (b) (2): Given the size and configuration, the UASs have no ability to carry a flight 

manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry flight 

manual. An equivalent level of safety will be maintained by keeping the flight manual at ground 

control point, immediately available to the pilot.

14 CFR 91.103(b): As FAA approved flight manuals will not be provided for the aircraft an 

exemption will be needed. Normal procedures including but not limited to; reviewing weather, 

flight battery requirement, landing and takeoff distances, along with all of those found in the 

Safety Guidelines. An equivalent level of safety will be provided by preflight protocol to properly 

match the machine.

14 CFR 91.109: UAS and remotely piloted aircraft do not have fully functional dual controls. 

Flight control is achieved through the use of a control box that communicates with the aircraft 

via radio communications. The equivalent level of safety is provided because neither a pilot nor 

passenger will be carried in the aircraft, and by the speed and size of the aircraft.

14 CFR 91.113 (a) and (b): An equivalent level of safety is achieved by current regulations 

because my UASs do not carry pilot nor passenger. While helpful, a pilot’s license will not 

ensure remote control piloting skills.

14 C.F.R. 91.119: Prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My UASs will always operate 

below the standard of 400 feet above ground level dictated. I will operate my UASs in safe 

areas away from public and traffic, providing a level of safety at least equivalent to those in 

relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my 

UASs, an equivalent or higher level of safety will be achieved.

14 CFR 91.121: The UASs may not have a barometric altimeter, but instead they do have a 

GPS altitude read out. I believe an exemption may be needed. An equivalent level of safety is 

achieved by the operator receiving live flight data, monitoring and confirming current altitude 

along with altitude of launch site shown on GPS altitude indicator.

14 CFR Section 91.151 (a): 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.” Since the UAS is not an “airplane”, I believe that an equivalent level of safety can be 

achieved by limiting flights to a maximum of 30 minutes or until the UAS battery power reaches 

25%, whichever happens first. This restriction will provide the ability for the UAS to return to its 

prearranged landing position. Flying at night does not apply to the UAS machines.

14 CFR 91.203 (a) and (b) Similar to, 14 CFR 91.9 (b) (2): Given the size and configuration, 

the UAS has no ability to carry certificate and registration documents on the aircraft. There is no 

room, capacity, or pilot on board to adequately carry or contain such documents. An equivalent 
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level of safety will be achieved by keeping these documents, to the extent they are applicable to 

the UAS, at the ground control point where PIC has immediate access to them.

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

Given these sections only apply to aircraft with an airworthiness certificate, theses sections do 

not apply to this applicant. As a safety precaution, operator will perform preflight inspections and 

ensure UAS is in working condition before initiating each flight.

Public interest

Use of the UAS would enhance safety and reduce the environmental impact as compared to 

similar operations conducted with manned aircraft carrying flammable fuel. Smaller, lighter, and 

more economical, my UASs will provide both economic advantages and safer methods of 

operation than historic methods of attaining the same objective. 

The UAS will minimize the risk to persons attempting to climb/navigate structures to ascertain 

problems or verify structural integrity. UAS provided inspections will also be completed in a 

more timely fashion, expediting the inspection process thereby reducing cost. Utilization of a 

UAS to obtain photographs and videos as to provide additional safety to the general public in 

regards to architectural, archeological, and agricultural purposes, construction sites, real estate, 

inspection of buildings/properties, infrastructure and geographical research, and surveys, 

surveys for oil and gas and other remotely located structures, often difficult to reach by vehicle 

or foot, can be assessed more easily, quickly and safely than with traditional methods.

Compromised geography from “acts of God” or man-made incidents, often require the 

assessment of land and/or facilities. A UAS, operated by a PIC and a visual observer can 

provide public benefits where older “manpower” based methods cannot be effectively utilized.

Privacy Issues

There are no privacy issues. Similar to the manned aerial acquisition flight operations that have 

been conducted for decades, the proposed operation of the UAS will not implicate any privacy 

issues. Specifically, the respective UAS will be operated only in compliance with operating 

documents (i.e., Aerial Operations Manual, and UAS Instruction Manuals) which require 

property owner involvement, and in accordance with the Federal Aviation Regulations, including 

the minimum altitude requirements of 14 C.F.R. § 91.119.

Reasons Why Exemption Will Not Adversely Affect Safety Or How The Exemption Will 

Provide a Level of Safety At Least Equal To Existing Rule:

An exemption for this petitioner will not adversely affect safety. Exemptions have been granted 

for similar reasons. I hope to contribute to the innovation and implementation of new uses, and

safety protocols for architectural, archeological, and agricultural purposes, construction sites, 

real estate, inspection of buildings/properties, infrastructure and geographical research, and 

surveys, surveys for oil and gas as well as possible search and rescue operations.
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• Flight operations will be conducted at least 500 feet from all nonparticipating persons (persons 

other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and 

structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UAS and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UAS, flight operations must cease immediately

and/or;

b. The UAS is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an 

undue hazard

and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a).

• All operations shall be conducted over private or controlled-access property with permission 

from the landowner/controller or authorized representative. Permission will be obtained for each 

flight to be conducted from landowner/controller or authorized representative.

• No PIC will be allowed to operate a UAS unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption. I expect to be the sole operator of the UAS.

• UASs weigh under 3 pounds (for the first 2 listed) and 6.5 pounds, respectively, significantly 

under the 55 pound maximum weight.

• The operation of UASs will always be below the 400 foot permissible ceiling set by the FAA 

Modernization and Reform Act of 2012, at speeds not to exceed the permissible 100 miles per 

hour.

• The operation of UASs will always be done by line of sight, flown by a PIC and visual observer 

team that are in audible communication with each other. The PIC must be designated before the 

flight and cannot transfer his or her designation for the duration of the flight. The PIC must 

ensure that the visual observer can perform the functions prescribed in the operating 

documents.

• The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.
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• UASs must remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

• UASs may not be operated by the PIC from any moving device or vehicle.

• UAS’s flights will be completed during day light hours.

• UAS’s flights will always be terminated prior to manufacturer recommended minimum level of 

battery power.

• UASs are GPS-controlled and contain a “return to home” feature, a flight safety feature 

whereby the UAS can hover, circle and then land at the predetermined GPS takeoff point if 

communication with the remote control pilot is lost.

• UASs will only operate in reasonably safe environments that are strictly controlled, away from 

power lines, elevated lights, airports and actively populated areas.

• Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

• UAS may not operate within 5 nautical miles of an airport reference point 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.

• Preflight inspections, per the manufacturer’s specifications and protocol, will be done on all 

operated UASs, assuring the integrity of the respective UAS. The Ground Control Station must 

be included in the preflight inspection. Any UAS that has undergone maintenance or alterations 

that affect the UAS operation or flight characteristics must undergo a functional test flight. 

• The UAS operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request.

• Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS- 80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

Conclusion

The petitioner, David D. Thomas seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe

operation of the DJI Phantom 2 UAS, DJI Phantom 3 Professional UAS and DJI Inspire 1 UAS 

commercially, without an airworthiness certificate, for the purpose of conducting aerial 

photography and videography for architectural, archeological, and agricultural purposes, 

construction sites, real estate, inspection of buildings/properties, infrastructure and geographical
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research, and surveys, surveys for oil and gas as well as possible search and rescue operations

across the United States.

The petitioner, David D. Thomas requests that the Administrator grant this Petition for an 

exemption from the requirements:

14 CFR Part 21 subpart H; 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b);

14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103(b); 14 CFR 91.109; 14 CFR 91.113 (a) 

and (b); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b);

14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (a) (2); 14 CFR 417 (a) & (b).

Respectfully,

David D. Thomas