07 December 2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Dear Sir or Madam,

As per the Federal Aviation Administration (FAA) document “Public Guidance for Petitions for 

Exemption Filed under Section 333”, I submit the following document and attachments in 

accordance with Title 14 of the Code of Federal Regulations § 11.81 as to request exemptions 

from the regulations listed below as to complete safe and efficient operations of small 

unmanned aviation systems (UAS) commercially in airspace regulated by the FAA for the 

purposes of aerial photography, cinematography, videography, mapping, surveying, inspections, 

and other flight operations that can be performed safely and cost effectively with the use of 

small UAS at low altitudes in the United States of America’s National Airspace System (NAS).

The UAS that I will be using to complete these missions is the Da-Jiang Innovations Science 

and Technology Co., Ltd. (DJI) Phantom 3 Professional. The Phantom 3 is the latest iteration of 

the highly-successful consumer grade remote controlled rotorcraft that weights in at 1280 g. 

The Phantom 3 comes from the manufacturer with a high definition camera installed, which 

through the remote control unit, can relay live video to the pilot throughout flight. The Phantom 

3 has a maximum speed of 16 m/s and a maximum climb rate of 6 m/s. The Phantom 3 is 

powered by four electric motors that with propellors puts the UAS dimensions at 590 mm 

square. Within the Phantom 3 is a GPS/GLONASS receiver, as well as a six axis gyroscope 

and accelerometer, a compass, and a barometric sensor. Through the controller, which is 

certified to meet and/or exceed the FCC requirements, the pilot is able to view not only live 

video, but also live position information (latitude/longitude, GPS-derived altitude and ground 

speed, heading, and camera gimbal angle). The remote control software allows the pilot to 

specify a maximum altitude, of which is currently set at 400 feet.

To operate this UAS in the most safe and efficient manner, I, the pilot, will have with me at every 

flight conducted under this exemption a visual observer (VO). Prior to every flight, an accurate 

depiction of the planned route of flight, the location of the home point, the weather conditions 

currently observed as well as forecasted, and a thorough briefing of all the expected and 

unexpected threats and the mitigation strategies required to complete the planned operation 

safely and efficiently. These threats may include items such as proximity to potential hazards, 

persons, property, and the like. In addition to this briefing, the pilot and VO will thoroughly 

review the operations manual provided by the manufacturer and verify compliance with the 

instructions as to achieve the highest level of safety in our operation, as well as completing the 

manufacturer’s preflight checklist and calibration requirements prior to operating the UAS. At no 

point will the UAS be operated outside of visual line of sight (VLOS) from the pilot as well as the 

VO.

Operations of the UAS, as described above, will be conducted in a manner which exceeds the 

expectations of the FAA with regards to Section 333 in three manners. First, the UAS provides 

the pilot a plethora of valuable information to ascertain the precise position of the UAS as well 

as it’s operational status. If, for some reason, communications were to be broken down 
between the controller and the UAS, the manufacturer has pre-programmed the UAS to return 

to the home point via it’s Return-to-Home (RTH) function. This same function is enacted when 

the intelligent flight battery is depleted to a state that may affect the safe return of the UAS to 

the aforementioned home point. Second, the operations will be conducted by myself as the 

pilot, with an equally qualified person serving as the VO. I have amassed over fifteen years of 

remote control model operations, as well as over twenty years of safe operations in light sport, 

general aviation single and multiengine aircraft, gliders, transport category twin turbo propeller 

and turbofan operated aircraft, both domestically and internationally. I currently hold an Airline 

Transport Pilot certificate with numerous type ratings, a current Flight Instructor certificate for 

Airplane Single and Multiengine Land, as well as Instrument Airplane. I am an active remote 

control model pilot both in fixed and rotor wing, as well as an active commercial and general 

aviation pilot, which mandates I maintain a First Class Medical Certificate, which will be a 

requirement for operations of the UAS within the guidelines of this petition. I hold myself to a 

higher standard of currency than the regulations require and am quite familiar with the safe 

operations of the UAS aforementioned. Therefore, I will maintain a level of competency and 

currency by mandating the pilot, myself, operate the UAS regularly, with any vast lapses in 

operations to be supplemented by non-commercially operated flights of the UAS to regain said 

competency in the safe and efficient operation of the UAS. The operations of the UAS in the 

manners described above will never be conducted outside of favorable, safe, daytime visual 

flight rules (VFR), adhering to the minimum could clearance requirements required by the 

Federal Aviation Regulations (FARs). Being a professional aviator by trade, I am more than 

aware of the NAS and will take the location required for the operation of the UAS with regards to 

where that lies within the NAS into consideration, never operating the UAS in a manner which 

would interfere with the safe operation of other aircraft. Reviewing petitions which were granted 

exemptions under Section 333, the requirement for operation of the UAS outside 5 miles of any 

airport reference point will be a minimum for operations which this exemption seeks to work 

under. Third, the operations of the UAS will always be conducted in accordance with the 

exemption’s requirements, and the pilot and VO will keep abreast of any amendments to the 

FARs with regards to the requirements for the operations of UAS, as well as any changes the 

manufacturer sends forth with regards to the UAS and it’s operation. As a hobbyist and a 

professional, I strive to keep up to date with policy and procedural changes, and will install those 

same habits into the operation of the UAS.

The following FARs are those which I seek, through this petition, an exemption to:

14 CFR 21, Subpart H - Airworthiness Certificates

The size, weight, and enclosed operation area of the UAS to be used in accordance with 

this exemption not only meets but exceeds the safety requirements of Section 333, 

which permits the FAA to exempt UAS’ from the airworthiness certificate requirement in 

consideration of the weight, size, speed, maneuverability, and proximity to areas such as 

airports and dense populations. This exemption has been granted numerous times to 

comparable UAS operations in the past.

14 CFR 91.7 (a), Civil Aircraft Airworthiness

The UAS described within this petition will not be issued an airworthiness certificate. 

Following suit with many other petitioners, the pilot will verify airworthiness of the UAS 

via compliance with the manufacturer’s operations handbook as well as a thorough 
preflight inspection described within this petition. Concurrently with the preflight briefing, 

the pilot and VO will mutually agree upon the airworthiness of the UAS prior to operation.

14 CFR 91.119 (c), Minimum Safe Altitudes, General

As discussed in other accepted exemptions, the operation of the UAS 500 feet away 

from persons, vessels, vehicles, or structures would require additional relief from the 400 

feet above ground level (AGL) limitation imposed on most UAS operations via Section 

333 exemptions. With regards to complying with the intent of the regulation, the 

operational briefing completed prior to the operation of the UAS as discussed below will 

address the safe operation of the UAS with regards to the proximity of the UAS to 

persons, vessels, vehicles, or structures. At no point will operations be conducted as to 

endanger any of the aforementioned entities in the operation of the UAS.

14 CFR 91.121, Altimeter Settings

The UAS is incapable of setting an altimeter setting as the system uses a GPS/

GLONASS-derived altitude in addition to inputs fed through a barometric sensor to 

determine altitude.

14 CFR 91.151 (a) , Fuel Requirements for Flight in VFR Conditions

As granted in many exemptions for operations with a similar UAS, and as described 

above, the manufacturer has pre-programmed the power distribution system to maintain 

a state of awareness as to the position of the UAS in relation to the starting, or home 

point, throughout flight. At any point during the flight the power distribution system 

deems the available capacity of the battery to be approaching a state where which a 

return to the home point will be compromised, the UAS autonomously returns back to 

the home point. As to aid in the safe operation of the UAS, the pilot and VO will maintain 

a log of flight times with regards to each individual battery and cease operations at a 

point that give the pilot upwards of twice the capacity necessary to return back to the 

starting point. 

14 CFR 91.405 (a), Maintenance Required

14 CFR 91.407 (a) (1), Operation After Maintenance, Preventive Maintenance, 

Rebuilding, or Alteration

14 CFR 91.409 (a), Inspections

14 CFR 91.417 (a) (b), Maintenance Records

As granted in many exemptions for operations with a similar UAS, and as described 

above, the manufacturer’s operations manual as well as the manufacturer’s Safety 

Guidelines Disclaimer manual outline proper operation, upkeep, and inspections 

required for the safe operation of the UAS. To comply with the intent of the regulations, 

the UAS will never be operated in a manner inconsistent with the guidelines set forth by 

the manufacturer, and any question arises as to any aspect of the UAS’ ability to 

complete it’s mission safely, the manufacturer will be contacted as to discuss the 

process to restore the UAS to a safe, operable status. 
The intent of this petition, as well as the operation of the UAS, comes at a time where the 

general public and the FAA are meeting together as to pave the way for safe and efficient 

operations of UAS’ in tomorrow’s NAS. It is in my personal belief that the data collected from 

the operations of these UAS’ will help not only the regulatory side, but the manufacturing and 

operational side of the issues by granting us the opportunity to determine how we can continue 

working together to ensure the safety of the general public in a changing aviation world. 

As discussed in this petition, the UAS which this petition is filed for operates at a safety level 

unprecedented in the UAS market. The safety systems, along with the control, power 

distribution, and data collection systems come from years of hobbyists who have taken the 

concept of an UAS and added not only a practical aspect to it, but a safe and efficient aspect as 

well. The UAS meets and exceeds all FCC requirements, and provides the pilot the necessary 

information real-time as to comply with any regulations regarding altitude, speed, and position 

continually. The pilot of the UAS is a highly-experienced model aviator and professional pilot, 

with great interest in the development of the UAS and it’s integration into the NAS for both 

personal and professional reasons.

In compliance with 14 CFR 11.81 (f), the following summary may be published in the Federal 

Register:

The applicant seeks an exemption to the following rules:

14 CFR 21 Subpart H, 14 CFR 91.7 (a), 14 CFR 91.121, 14 CFR 91.119 (c), 14 CFR 91.151 

(a), 14 CFR 91.151 (a), 14 CFR 91.505 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a), and 14 

CFR 91.417 (a) (b) as to operate commercially a small unmanned aerial system (UAS) for the 

purposes of aerial data gathering.

Satisfying the criteria provided in Section 333 of the Reform Act of 2012 with regards to size, 

weight, speed, operating capabilities, proximity to airports and populated areas, along with 

operations within visual line of sight provide more than adequate justification for the grant of the 

requested exemptions allowing the commercial operation of the applicant’s UAS for the 

purposes contained herein. It is the applicant’s wish and in the best interest of the general 

public that this exemption be granted without delay.

Respectfully,

Roy William Evans II

1243 N. Canvas Pass

Prescott Valley, AZ 86314

(928) 710-2615

royevansii@gmail.com

ATP 2817668