U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

15 December 2015

Jacob Heffron

P.O. Box 286

Little Falls, MN 56345

218­270­0751

jake.heffron@gmail.com

Petition of Jacob Heffron for Exemption Pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

I am writing pursuant to Section 333 of the Federal Aviation Administration (FAA)

Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, to request that

Jacob Heffron, owner and operator of a DJI Phantom 3 Professional w hich is a Small

Unmanned Aircraft Systems (sUAS), be exempted from the listed Federal Aviation Regulations

(FARs) to allow commercial operation in airspace regulated by the FAA. The operations of this

sUAS will be conducted within and under the conditions outlined herein or as may be

established by the FAA as required by Section 333. The following aspects of Section 333 of the

FAA Modernization Reform Act of 2012 should be considered.

In order to meet the requirements of the above act, Jacob Heffron is submitting the

following information.

1. Name and Address

2. The specific section or sections of 14 CFR for exemption

3. Planned use of his DJI Phantom 3 Professional

4. How his request would benefit the public as a whole

5. Explanation of how the exemption would provide a level of safety at or above

the current rules

6. Federal Register Summary

7. Link DJI Phantom 3 Professional Manual Download

8. Link to DJI Phantom 3 Professional specifications
1. Name and Address

Jacob Lee Heffron

P.O. Box 286

Little Falls, MN 56345

jake.heffron@gmail.com

2. The specific section or sections of 14 CFR from which Jacob Heffron seeks exemption:

I. 14 § C.F.R. Part 21, Subpart H

II. 14 § C.F.R. 45.23 and 14 C.F.R. 45.29

III. 14 § C.F.R. 61.23

IV. 14 § C.F.R. 61.113(a) and (b) and14 C.F.R. 61.133(a)

V. 14 § C.F.R. 91.7(a)

VI. 14 § C.F.R. 91.9

VII. 14 § C.F.R. 91.103

VIII. 14 § C.F.R. 91.109(a)

IX. 14 § C.F.R. 91.119

X. 14 § C.F.R. 91.121

XI. 14 § C.F.R. 91.151(a)

XII. 14 § C.F.R. 91.203 (a) and (b) and 14 C.F.R. 91. 715

XIII. 14 § C.F.R. 91.205 (b)

XIV. 14 § C.F.R. 91.215

XV. 14 § C.F.R. Subpart E (91.401 – 91.417)

3. Planned use of his DJI Phantom 3 Professional

Operation of his sUAS, DJI Phantom 3 Professional, would be used primarily for aerial

photography of real estate. Areas where his sUAS could be used commercially include:

● Aerial photography and/or video for public and or private use including but not limited to

golf courses, real estate, agriculture/livestock,land surveying, marketing for private

businesses and construction sites, newsgathering, infrastructure inspections, emergency

or disaster assistance to local government, and other related professional activities.

● Offering training to persons interested in the use of UAS if they have interests in the use

and application of a UAS for the purpose of the safe operation of a UAS to enhance the

safety of the National Airspace System as well as for the protection of persons and

property.

His sUAS will predominantly be used in central Minnesota. All of the above uses will only be

conducted when requested and approved by the appropriate landowners. Use of the DJI

Phantom would be conducted in a controlled and safe manner using predetermined methods.

Proper preflight inspections and flight planning will ensure safe operations.
4. How his request would benefit the public as a whole

There are many benefits to using a sUAS for commercial use to the general public. Some of

these benefits include, but are not limited to:

• It can reduce the risk of fatalities that occur on a manned aircraft

• It will be better for the environment because it will reduce noise and emissions if the same

flight was conducted with a traditional manned aircraft

• It is more cost effective for obtaining information such as aerial photos which can help the

economy

• No flights will be made above 400 ft AGL, in excess of 50 knots, or with a total weight of over

55 lbs. Also flights will be conducted within 1⁄8 NM from PIC and in line of sight.

5. Explanation of how the exemption would provide a level of safety at

least equal to the existing rule

Jacob Heffron 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:

I. 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 UAS, 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. 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 UAS 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.

II. 14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

Because of the size of this aircraft, it is impossible to correctly display the appropriate labels

mentioned above.

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

Jacob Heffron believes that an equivalent level of safety can be reached if the operator has a

valid driver's license, & sufficient experience operating the UAS. Because of the size of the

UAS, its structure, the limited flight area, and the safety features integrated in the autopilot, the

UAS can be operated safely without a medical certificate.

IV. 14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. §

61.113(a) & (b); 14 C.F.R. 61.133(a): Private Pilot Privileges and Limitations; Pilot in
Command; Commercial Pilot Privileges and Limitations

Given the safety features of the UAS, Jacob Heffron proposes that operators of the UAS should

not be required to hold a commercial pilot certification. The equivalent level of safety will be

achieved by using the integrated features of the aircraft to maintain a high level of safety during

the different flight scenarios. Furthermore, the operational area is controlled and restricted. In

addition, all flights are planned in advanced. The level of safety exceeds that of those who hold

a commercial pilot’s license and operate a conventional aircraft for hire. The UAS will be

operated by Jacob Heffron who is a commercially rated pilot, but requests exemption due to

currency and other requirements of this section.

V. 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.

VI. 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

close proximity to the operator. The equivalent level of safety will be provided by having the

UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others

working with the UAS 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.

VII. 14 C.F.R. § 91.103 Preflight Action

As FAA approved rotorcraft flight manuals will not be used an exemption is requested. An

equivalent level of safety will be achieved by using the manufactures recommend preflight

procedures per the information that is supplied in the DJI 3 Phantom Professional’s manual.

Jacob Heffron will take further action by checking weather, flight battery requirements, landing

and takeoff distances, the environment for where the flying will occur, and airspace

considerations prior to any flight.

VIII. 14 C.F.R. § 91.109(a): Flight Instruction
The equivalent level of safety during the in­flight training will be achieved by the manufacturer or

affiliate providing the training as described in the manufacturer's training program and through

the use of experienced and qualified instructors familiar with the UAS.

IX. 14 C.F.R. § 91.119: Minimum Safe Altitudes

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. Given the size, weight, and speed of the DJI Phantom 3

Professional, an equivalent level of safety will be achieved. The UAS will be operated in an

uncongested area where consent has been granted by any exposed people.

X. 14 C.F.R. 91.121: Altimeter settings

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. Also, the equivalent level of safety

will be achieved given the size, speed, and weight of the DJI Phantom 3 Professional as well as

the location of where it is being operated. Jacob Heffron will not fly unless permission of the

landowner has been granted and it is safe to do so. Also, the low­altitude operations of a UAS

will ensure that there is plenty of separation between it and a manned aircraft. The UAS does

not have a barometric altimeter, rather it has a GPS altitude read out, thus exemption is

requested.

XI. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

The DJI Phantom 3 Professional will not be able to take off if the battery level is below a certain

level (25% battery level). The manufactures have added a return to home action in the case that

the battery level drops below 25%. The DJI Phantom 3 Professional battery provides roughly 20

minutes of powered flight time. Battery level will be checked prior to flight.

XII. 14 C.F.R. § 91.203 (a) & (b) and 91.715: Carrying Civil Aircraft Certification and Registration

and Airworthiness Certificates

An equivalent level of safety will be achieved by keeping any documents at the ground where

Jacob Heffron can have immediate access to them, to the extent they are applicable to such

UAS. The FAA has issued numerous exemptions to this regulation, examples include:

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. Because the UAS

does not have a cabin nor a cockpit entrance, Jacob Heffron is requesting exemption from

91.715.

XIII. 14 C.F.R. § 91.205 (b) Powered civil aircraft with standard category U.S. airworthiness

certificates and equipment requirements

An equivalent level of safety will be achieved by using a video system that is displayed to the

PIC which includes but is not limited to the following parameters: GPS altitude, GPS signal,

battery and power remaining, flight time, UAS ground speed, etc.
XIV. 14 C.F.R. § 91.215 ATC transponder and altitude reporting

The UAS will not have sufficient useful load and power supply to operate a transponder. To

ensure level of safety the UAS will not be operated within 5 nm of an airport, without prior

authorization from airport operators. Right of way will always be given to flying aircraft and

operation of a UAS will not interfere with any aircraft or be flown in proximity to other aircraft.

XV. 14 CFR Subpart E (91.401 ­ 91.417): Maintenance, Preventive Maintenance, and

Alterations

All of the maintenance of the UASs will be performed by the owner (operator) according to the

manufacturer’s user manual, which can be found at the bottom of this document under #7.

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 performed by the operator

pursuant according to the flight manual attached at the end of this request. An equivalent level

of safety will be achieved because these small UASs are very limited in size and will carry a

small payload. They will operate only in restricted areas for limited periods of time. If they do

occur the UAS can land and will be operating from no higher than 400 feet AGL. Before flying

again, I will assure that the UAS in good working order as instructed by the DJI Phantom 3

Professional manual. The weight of the DJI Phantom is less than 55 lbs.

6. Federal Register Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for

publication to the Federal Register, should it be determined that publication

is needed: Jacob Heffron seeks an exemption from the following rules:

14 C.F.R. Part 21, Subpart H; 14 C.F.R. 45.23; 14 C.F.R. 45.29; 14 C.F.R.

61.23; 14 C.F.R. 61.113(a) and (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(a);

14 C.F.R. 91.9; 14 C.F.R. 91.103; 14 C.F.R. 91.109(a); 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) and (b); 14

C.F.R. 91.715; 14 C.F.R. 91.205(b); 14 C.F.R. 91.215; and 14 C.F.R.

Subpart E (91.401 – 91.417)

Approval of the above exemption requests will allow Jacob Heffron to

commercially operate his small and lightweight unmanned aerial systems,

DJI Phantom 3 Professional. Jacob Heffron hopes to promote safety and

help the public and property by reducing hydrocarbon emissions from

manned aircraft. He also hopes that commercially operating his DJI

Phantom 3 Professional will help consumers and the economy.

The DJI Phantom 3 Professional weighs less than 25 pounds (see #8), is

battery powered, which eliminates hydrocarbon emissions. The UAS

operates slow speeds (see #8), close to the ground (see #8), in an

uncongested environment, thus making it safer than conventional manned

aircraft. The Phantom 3 will be transported to the area of interest and set

up there before flight. It does not carry any passengers therefore risks

involved or much less than that of a conventional manned aircraft. The
UAS will provide a level of safety that is equivalent, if not better, than the

level of safety of manned aircrafts, thus supporting the grant of exemptions

requested above and allowing Jacob Heffron to commercially operate

his DJI Phantom 3 Professional.

7. Link DJI Phantom 3 Professional Manual download

http://www.dji.com/product/phantom­3/download

8. Link to DJI Phantom 3 Professional specifications

http://www.dji.com/product/phantom­3/spec

If any additional information is needed please contact me.

Sincerely,

Jacob Heffron

Cell: (218) 270­0751

Email: jake.heffron@gmail.com