Roger D. Duffell, PhD

1416 Arblay Place ● Loganville, Georgia 30052-4140 

Phone: 770.560.1826 ● Fax: 770.454.0038 

Page 1 of 5

Friday, July 17, 2015 

RE: Docket ID: FAA-2015-1067

Brenda Robeson, Program Analyst, Airmen and Airspace Rules Division, 

I, Roger Duffell, am submitting this in response your letter dated July 6th, 2015, Request for Additional 

Information. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 

11, I, Roger Duffell, operating a Unmanned Aircraft System (UAS) equipped to conduct aerial photography and 

survey for various industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed 

below to allow operation of my registered UAS commercially in airspace regulated by the Federal Aviation 

Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. 

The requested exemption would permit I, Roger Duffell, to pursue commercial interests in providing services to 

consumers interested in aerial data capture using a small advanced UAS in the following areas: 

• Agricultural Surveying 

• Analyze Topography Realities 

• UAS Operator Training 

• Real Estate Photography 

• Product Demonstrations 

• Research and Development 

UASs are proving to be a viable and feasible method to obtain information of agricultural cropland in determining 

optimum inputs that result in cost savings to farmers, yield security, and reduce environmental impact of excess 

fertilizers and chemicals in the soil. The real-time topographical understanding of erosion can also provide land 

owners with valuable information on a more frequent basis due to the reduced cost, thus reducing or preventing a 

need for damage control. 

UASs can provide higher quality imagery in a timelier manner, and at lower costs than current means, thus 

allowing consumers relief more quickly from disasters. Roof and tower inspections of commercial structures can be 

done without the risk to humans associated with the associated climbing and subsequent liability. Industries across 

a broad spectrum welcome the ability to now be proactive with preventative inspections more cost effectively. 

I, Roger Duffell, stipulate that all commercial interests UAS flights that will occur over private or controlled access 

property will do so with the property owner's prior consent and knowledge and that only people who have 

consented or otherwise have agreed to be in the area where photography and videography will take place will be 

captured. Additionally, I, Roger Duffell, hold a FAA Private Pilot License with Class III Medical Certificate and 

that any spotters that are not licensed airmen will be trained to understand the proper roles of a spotter, 

communication procedures, proper visual scan techniques, operations at non-towered airports, and appropriate 

sections of the Aeronautical Information Manual. 

 
Roger Duffell ● 1416 Arblay Place ● Loganville, Georgia 30052-4140 

Phone: 770.560.1826 ● Fax: 770.454.0038 

Section 333 Petition for Exemption 

Page 2 of 5

I am petitioning for exemption to enable myself to operate a DJI Phantom 2 Vision Plus multi-rotor equipped with a 

three-axis gimbaled camera. This UAS weighs less than 3 lbs., has a built- in capability to limit the height it flies 

above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class A, B, C 

and D airspace including a no fly zone feature. System also has the failsafe function of the autopilot system, which 

means when the communication between the Main Controller and the transmitter is lost; the system will 

automatically trigger Return to Home and will land safely. 

The above specifications meet standards listed below, some derived in accordance with the Model 

Aircraft Operating Standards: 

• The petitioner will only operate its UAS in line of sight of a pilot and/or spotter and will operate at sites 

that are a 'sufficient distance' from populated areas within the sterile area described in the operator’s manual. Such 

operations will insure that the UAS will "not create a hazard to users of the national airspace system or the public." 

• When flying UAS within 3 miles of an airport, airport operators will be notified and the operator will give 

the right of way to avoid flying in the proximity of full-scale aircraft. 

• Maximum flight time for each operational flight will be 25 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minute limit. 

• The UAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL. 

• Minimum crew for each commercial interests operation will consist of the UAS FAA Licensed Pilot and 

the Spotter. 

• The UAS PIC's (Pilot in Command) will be an FAA licensed airman holding a FAA Private Pilot and Third 

Class FAA Medical Certificate. 

• The UAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, 

and gimbal). 

• The UAS will operate at speeds of no more than 55 knots. 

Given the small size of the UAS and the restricted sterile environment within which it will operate, I feel my UAS 

operations would adhere to the Reform Act's safety requirements. 

Additionally, the fact that I, Roger Duffell, holds FAA Pilot certificate, demonstrates that I have a high regard to 

safe operations with an understanding of FARs, pre-flight inspections, maintenance and repair, operations within 

airspace, as well as being trained to high safety standards. 

Under the requested exemption Roger Duffell ensures that all spotters will have completed a small unmanned 

aircraft systems (UAS) education and training program including all applicable regulations and guidance 

documents; including aeronautical background information such as charts, NOTAMs and Radio Communications 

Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; 

Airmanship and Decision-making and Safe Operating Procedures. 
Roger Duffell ● 1416 Arblay Place ● Loganville, Georgia 30052-4140 

Phone: 770.560.1826 ● Fax: 770.454.0038 

Section 333 Petition for Exemption 

Page 3 of 5

I, Roger Duffell, request an exemption from the following regulations as well as any additional regulations that may 

technically apply to the operation of the UAS N539YQ and any subsequent backup registered UAS of same model. 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.109 

14 C.F.R . 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F.R. (91.401 - 91.417) 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to 

work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be 

issued for the DJI Phantom 2 Vision Plus V3, N539YQ, under either or both of the following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft 

installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with 

the airworthiness regulations including flights to show compliance for issuance of type and supplemental type 

certificates, flights to substantiate major design changes, and flights to show compliance with the function and 

reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes 

such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit my commercial purpose as well. The aircraft will not carry persons or property, will not 

carry fuel, and will only fly under strict operational requirements. Combined with the UAS light weight, being 

constructed primarily of carbon fiber and/or plastic, I propose that the UAS will be at least as safe, if not safer, than 

a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is 

not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the 

requirement for airworthiness certificate in general, citing the equivalent level of safety outlined in the previous 

paragraph. 

14 CFR 45.23 Display of marks; general and 14 CFR 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 

3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high 

near the entrance to the cabin, cockpit, or pilot station. The UAS does not have an entrance in which the word 

"EXPERIMENTAL" can be placed. We can propose to achieve an equivalent level of safety by including the word 

"EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the 

vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that 

the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the 

ground station. Finally, we can display at the ground station a high contrast flag or banner that contains the words 

"Unmanned Aircraft System Ground Station" in letters 3 inches high or greater. Since the aircraft will operate 
Roger Duffell ● 1416 Arblay Place ● Loganville, Georgia 30052-4140 

Phone: 770.560.1826 ● Fax: 770.454.0038 

Section 333 Petition for Exemption 

Page 4 of 5

within 3/4 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses 

to investigate its point of origin. 

 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges 

and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an 

aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that business or employment; 

and (2) The aircraft does not carry passengers or property for compensation or hire. My proposed operations require 

that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry 

passengers or property, I feel this will meet the intent of 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the 

aircraft. I assume that the intent of this requirement is to ensure that flight manual information is available to the 

aircrew while operating the aircraft. I request an exemption to this requirement since the aircraft is not only too 

small to carry documentation; the documentation would not be available to the crew during flight operations. To 

obtain an equivalent level of safety and meet the intent of 91.9, I propose that a current, approved UAS Flight 

Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction. 

Simulated instrument flight and certain flight tests the regulation states that "No person may operate a civil aircraft 

that is being used for flight instruction unless that aircraft has fully functioning dual controls." The UAS groundbased control station consists of a small hand-held radio transmitter and while it does not offer a second set of 

"controls", both the student and instructor could operate the single set of controls simultaneously. With both student 

and instructor having "hands-on" the controls during flight, I feel that this technique meets the intent 91.109 and 

provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any 

vessel, vehicle, or structure. Since the typical mission of the UAS would be photography or survey of persons, 

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations 

will only be flown over property or persons where permission has been obtained and careful pre-planning practice 

has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency 

landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small 

size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which 

should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available 

within 100 NM of the aircraft. The UAS will always fly below 400 feet AGL and will not need to maintain cruising 

altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the UAS on-board computer to the display screen held by the PIC, 

providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

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. I feel the 
Roger Duffell ● 1416 Arblay Place ● Loganville, Georgia 30052-4140 

Phone: 770.560.1826 ● Fax: 770.454.0038 

Section 333 Petition for Exemption 

Page 5 of 5

intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UAS is 

battery operated and the maximum duration of flight from a single battery charge is 1-30 minutes with a 20% 

reserve. 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. I request an exemption to the 

word "fuel" and ask for an equivalent interpretation with the word "energy". I also request exemption from the 30 

min reserve and ask that my reserve will be to fly the mission to the point of intended landing and have at least a 

20% battery reserve after that. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a 

registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness 

certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." The UAS is too 

small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To 

obtain an equivalent level of safety and meet the intent of 91.203, I propose that documents deemed appropriate for 

this aircraft by the FAA will be co- located with the crew at the ground control station and available for inspection 

upon request. In order to identify the aircraft, I propose that the information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard containing the following information N539YQ plus 

the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

"approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is my 

intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft 

for return to service." 

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, conduct 

detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small 

cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board 

computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC 

will document work performed in accordance with 91.417. I feel that due to the size, construction, and simplicity of 

the aircraft, the PIC can ensure an equivalent level of safety. 

I respectfully request a Certificate of Authorization under Section 333 to enable me, Roger Duffell, to operate safe, 

low-risk commercial UAV operations for the activities stated. I at all times will continue to respect the space and 

privacy of citizens and property whilst keeping our skies safe. 

Respectfully Submitted, 

 

Roger Duffell