September 29th, 2015 

Theresa Searer 

1331 Bradley Ave. 

Hummelstown, PA 17036 

(717) 566-7408 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Exemption Request Section 333 of the FAA Reform Act of 2012 

Attachments: 

References: 

1. FAA Exemption No 12939, Regulatory Docket No. FAA2015-2297 

in the matter of the petition STEVEN DOHERTY 

1. FAA Exemption No. 11138, Regulatory Docket No. FAA2014-0481 in 

the matter of the petition of DOUGLAS TRUDEAU 

2. FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 

in the matter of the petition of ADVANCED AVIATION SOLUTIONS 

LLC 

3. FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in 

the matter of the petition of FLYING CAM INC 

Dear Sir or Madam, 

In accordance with the FAA's Guidelines for Submitting a Petition for Exemption under 

section 333 of the FAA Modernization and Reform Act of 2012, the petitioner, requests 

exemption from the following sections of Title 14, Code of Federal Regulations: 

61.113(a), 61.113(b), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409 

(a)(1), 91.409(a)(2), and 91.417(a) & (b). 

In order to operate small unmanned aircraft systems (UAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) for the purposes of aerial 

photography, cinematography, videography, inspections of: construction sites, solar 

panels, structures, roofs, real estate photography, and other flight operations that could be 

performed safely and more cost effectively with the use of small UAS at low altitude 

within the US National Airspace System as compared to a manned aircraft. Operations 

will be performed to facilitate commerce and raise awareness of beneficial uses of small 

UAS. So long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by section 333. The conditions 

identified and proposed by the petitioner is drawn from references 1-3. 
The FARs 

The petitioner requests exemption from the above mentioned FARs for the following 

reasons. 

61.113(a) &(b). The petitioner, requests relief in order to facilitate the utilization of 

pilots, who hold a pilot (or greater) certificate. Any pilots operating under this exemption 

would be required to comply with any conditions as set forth and in a similar fashion to 

the previously granted exemptions. A Visual Observer will be used at all times while 

under this requested exemption. 

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations 

conducted closer than 500 feet to the ground may require that the UA be operated closer 

than 500 feet to essential persons, or objects that would not be possible without additional 

relief. The petitioner requests modification, waiver or exemption and clarification 

concerning the terms "congested areas" and "densely populated". The petitioner requests 

waiver for this condition to allow reasonable and responsible operations with safety as my 

main concern in areas of subdivisions and neighborhoods if required. 

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since 

the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric 

sensor for altitude information. 

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS 

LLC) prior relief has been granted for manned aircraft to operate at less than the 

prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, 

similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 

for daytime, VFR conditions. The UAS provides battery power remaining in percent to 

the PIC. The UA batteries provide approximately 25 minutes of powered flight. 

Information provided in the operating documents discusses procedures regarding 

remaining battery power management. Those documents contain a condition in which 

the PIC will initiate a landing procedure when battery remaining reaches a specified 

level. Given the limitations on proposed operations and the location of those proposed 

operations, The FAA found that a reduced minimum power reserve for flight in daytime 

VFR conditions was reasonable. 

91.405(a). 91.407(a)(1). 91.409 (a)(1) &(2). 91.417(a) &(b) As discussed in Exemption 

11138 (DOUGLAS TRUDEAU), the petitioner proposes to inspect and ensure that the 

UAS is in a condition for safe flight in accordance with the operating documents. The 

FAA found that adherence to the petitioner operating documents and the conditions and 

limitations specified, describing the requirements for maintenance, inspection, and 

recordkeeping, were sufficient to ensure that safety would not be adversely affected. 

The UAS 

The DJI Phantom 3 Professional is a highly successful consumer grade small rotorcraft in 

the quadcopter configuration with an advertised weight of less than 45 ounces (1280g) 

designed primarily to carry aloft a high definition camera. It has an advertised maximum 

speed of less than 30 knots (16m/s) and a maximum climb rate of less than 1200 feet per 

minute (6 m/s). It is powered by four electric motors with a distance between motors of 
less than 14 inches (350mm). It utilizes an internal inertial measuring unit (IMU) with 

integrated barometric sensor augmented with global positioning system (GPS) to 

maintain its geospatial orientation and position. It is controlled primarily through an 

FCC certified radio control (RC) unit. Real time video and telemetry information is 

transmitted back to a ground control station allowing the operator and/or PIC to monitor 

battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, 

and control camera angle. It has fail safe modes of operation for either loss of RC or 

GPS signal. Altitude can be limited by the onboard flight controller and maximum 

altitude can be preprogrammed by the PIC. Battery life limits flight times to 

approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry 

and external lighting cues before reaching a low battery state. An automatic termination 

of flight and landing will be initiated when the battery reaches a predetermined low state. 

It is anticipated that flights will usually last less than 10 minutes. More information is 

available in attachment 1. 

Risk mitigation 

The petitioner has reviewed FAA exemptions reference's 1-3 Conditions and 

Limitations section and believe that the procedures specified therein are reasonable 

and will be utilized in order to manage and mitigate risk and ensure public safety. A 

preflight checklist will be developed and employed to ensure that the UAS's 

airworthiness will be verified before launch. Airworthiness will be maintained by 

performance of routine inspections before each flight, maintaining flight and 

maintenance logs to record time on failure prone components. 

The petitioner requests that in a manner similar to reference 4, be allowed to operate 

within 5 miles of an airport provided that: 

"The UA may not operate in Class B, C, or D airspace without written approval 

from the FAA. The UA may not operate within 5 nautical miles of the geographic 

center of a non towered airport 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. " 

Operations within 5 miles of an airport are not anticipated to be routine but I am 

requesting a mechanism to facilitate such activities without requesting a new and separate 

exemption(s) should the need arise . Operations within class B airspace are not requested 

due to the lack of mode C transponder. 

Public interest 

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce 

environmental impact compared to similar operations conducted with much larger fuel 

laden manned aircraft. In addition, the use of UAS to facilitate commerce can help to 

encourage economic growth. Operations for this petition will enable service for property 

owners or their designees seeking an enhanced perspective for characteristics, amenities, 

and benefits of their desired photographic subjects that cannot be displayed through 

ground level videography/photography. Aerial photography is a valuable marketing tool 
that can facilitate increased commerce and enhance personal photography. Aerial 

surveying and inspections can increase work site efficiency, improve volumetric 

estimations and reduce risk. The petitioner will provide clients with the photographic data 

for these purposes in a for hire basis acting as an independent contractor. A visual 

observer will be utilized. Flight data including UA flight time, Control unit operation 

time, incident, accident, and details concerning any deviations from normal operations 

will be available to the FAA for use in collecting data regarding the use of UAS as a part 

of this application. This data can be submitted to the FAA via reports as required by the 

FAA. 

Flight data including UAS flight time, Control Unit operation time, incident, and details 

will be recorded for each flight and made available to the FAA at any time needed. 

Any deviations from normal operations will also be recorded and made available to FAA. 

Conclusion 

The petitioner is requesting this exemption for the purposes of aerial photography, 

cinematography, videography, mapping, real estate photography, inspections and other 

flight operations. The reason for such a general and broad based request is that the 

petitioner wishes to utilize a strategy that allows maximum flexibility to utilize the UA to 

its fullest potential within the constraints of this request, without the long turnaround time 

associated with additional exemptions. The petitioner plans to offer services to 

individuals or companies seeking to enhance their business in a safe and lawful way. 

Respectfully submitted, 

Theresa Searer 

Attachments: 

1. Phantom 3 Professional Quick Start Guide 

http://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional guick Start Guide en odf 

2. Phantom 3 Professional User Manual 

http://download.dji-innovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual v1.0 en.ndf