U.S Department of Transportation July 13, 2015

Docket Management System 1200

New Jersey Ave., SE Washington, DC

20590

Thomas M. Cicatelli

3 Martin Louis Way

Stoneham, MA 02180-4234

tcicatelli@gmail.com

Re: Petitions for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations

Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, I , Thomas M. 

Cicatelli, formally request an exemption from the Federal Aviation Regulations ("F ARs") and listed below:

14 C.F.R. Part 21

14 C.F.R. 45.23

14 C.F.R. 45.29

14 C.F.R .61.23

14 C.F.R. 91.7(a)

14 C.F.R. 91.9

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

14 CFR Subpart E (91.401 - 91.417)

to commercially operate a small unmanned vehicle augmenting for aerial building inspection/surveying, event 

and other photography and videography purpose
I, Thomas M. Cicatelli, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained with 14 CFR 11, to formally request to be exempted from the Federal Aviation Regulations 

listed below, so that I may operate a DJI Phantom 3 Professional that I purchased and have a pending 

registration # of N8327E as well as operate a DJI Inspire 1 that I plan to purchase and operate at some point in 

the future. It is with the utmost respect for this agency that I make this request as brief as possible as my 

request is not unique and my use falls into areas already approved by your administration.

I am a licensed Pilot with the following certifications:

• Commercial Pilot

o Airplane Single-Engine Land

o Airplane Multi-Engine Land

o Instrument Airplane

• Flight Instructor (expired)

o Airplane Single-Engine (CFI)

o Instrument Airplane (CFII)

I do not currently possess a Medical Certificate as I am not currently flying manned aircraft.

I have logged over 800 hours of flight time in single and multi-engine aircraft and possess over 30 years of rc 

model, electronics and computer experience.

I have attached owner manuals of the DJI Phantom 3 Professional and DJI Inspire 1. I feel it is redundant to list 

the factory safeguards as you are obviously aware of their capabilities and limitations. 

The requested exemption would authorize commercial use of the above-referenced UAVs for aerial 

photography and videography for events, real estate marketing and building inspection. If this exemption is 

granted, I would not file for a Certificate of Waiver of Authorization (COA) as the current blanket COA would be 

sufficient for my intended use.

I fully intend to make use of any and all fail-safes and safeguards provided by the manufacturer as well as any 3rd

party safeguards that I would deem in the best interest of safe flying of the UAV. I am currently utilizing prop 

guards that allow me to maintain Visual Line of Sight and better determine orientation of the aircraft. This 

would also lessen the possibility of damage to person or property. 

Granting my request would be in public interest by allowing visual photography and videography in a safer, less 

costly manner that through traditional means. One of my proposed uses: roof inspections, currently require the 

use of a ladder or scaffolding. The use of a UAV would keep the roofer out of harm’s way, lessening the 

possibility of injury.

This exemption would not adversely affect the safety of the general public due to the size, weight, and keeping

of the UAS in visual sight. The safety mechanisms of the herein described UAS provide further protections when

the PIC is no longer in control of the UAS. In comparisons to aerial photography from manned aircraft, low

altitude photography from a UAS would be safer and have less of an environmental impact.

Thank you for your consideration.

Sincerely,

Thomas M. Cicatelli
EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT

TO EXEMPTION

Thomas M. Cicatelli requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the DJI Phantom 3 Professional ("UAV”):

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness

certificates as required by FAR§ 91.203(a). Given the size of the UAV, its very light weight and the limited

operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness

process under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight,

speed, operational capability, and proximity to airports and populated areas of the UAS involved. An analysis

of these different criteria demonstrates that the UAV operated without an airworthiness certificate, under

the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with

an airworthiness certificate.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; 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. Given the size of the UAVs, this

requirement is impossible to match.

14 C.F.R §61.23: Medical certificates: Requirement and duration

Given the size of the UAV, its structure, the limited flight area, the lack of passenger or cargo, and the safety

features inherent to the UAV, I believe that the operator holding a valid driver's license as well as my various 

other FAA licenses should be adequate to exempt me from this requirement.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed,

operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an

analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed will be at least as safe, or safer, than a 
conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the

restrictions and conditions proposed.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in In close

proximity to the operator.

The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by

§45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the UAS as 

"Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700,

8738, 10167 and 10167A.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority to 

operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security perimeter,

where buildings and people will not be exposed to operations without their pre- obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location 

where it is operated. No flight will be taken without the permission of the property owner or local officials.

Compared to flight operations with aircraft weighing far more than those proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those presently presented with 

conventional aircraft.

14 CFR 91.121: Altimeter settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an

altimeter that is set" ... to the elevation of the departure airport or an appropriate altimeter setting available

before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption is requested.

An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown

on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): 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. As the

UAVs are electric-powered, this requirement is inapplicable. In any event, given the contemplated operations,

I believe that an equivalent level of safety is already achieved with the specific procedure preventing the UAVs

accepting a take-off order if the battery level is below a given value. Moreover, the manufacturers have 

integrated low and critical battery level warnings and implemented a "return to home" action in these

situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration
This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness

certificate.

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this

section or a special flight authorization issued under §91. 715 is displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew.

An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to such 

UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of other

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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

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

condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 .409 require the aircraft to

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

Section 91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91 A 17

requires the owner or operator to keep records showing certain maintenance work that has been 

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the

aircraft for return to service.

I will personally see to the maintenance of the UAVs in accordance the manufacturers user manual as well as 

any technical bulletins that may arise. In addition, the UAV will always be operated with the latest stable 

firmware.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will

not apply to the applicant Maintenance will be accomplished by the operator pursuant to the flight manual and

operating handbook as referenced herein. An equivalent level of safety will be achieved because these small

UAVs are very limited in size and will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise the UAV can land immediately and will be operating from no higher

than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform

required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the

equivalent level of safety.