Chris Grazioso

92 Clapp St., Abington, Massachusetts 02351

February 17, 2016

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act 

of 2012 

I, Chris Grazioso, hereby petition the FAA for a Section 333 exemption from various sections of 

49 USC of Federal Aviation Regulations. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, 

and 14 C.F.R. Part 11, I request certain exemptions in order to perform search and rescue 

operations, aerial utility inspections, sUAS education, and general aerial videography to include 

real estate marketing using a small unmanned aerial vehicle, the DJI Phantom 3 Professional.

Respectfully, 

Chris Grazioso

Chris Grazioso
Chris Grazioso

92 Clapp St., Abington, Massachusetts 02351

OVERVIEW:

I, Chris Grazioso, hereby petition the FAA for a Section 333 exemption from various sections of 

49 USC of Federal Aviation Regulations. 

I am committed to responsibly, professionally, and safely operating an unmanned aerial vehicle 

to perform search and rescue operations, aerial utility inspections, sUAS education, and general 

aerial videography to include real estate marketing. An example of my commitment to operate a 

UAV safely is my thorough pre and post flight protocols that I closely adhere to on every 

mission. 

I possess a private pilot license and will be the Pilot in Charge (PIC) of the DJI Phantom 3 

Professional. I am also an experienced UAV operator. In addition, I am a member of UAVUS, a 

national association of professional UAV operators that adheres to a strict Code of Conduct and 

best practices that places public safety first above all other considerations. 

I am extremely sensitive and aware of the importance of safety and privacy, especially as it 

relates to UAVs. I believe safety is the first and overriding priority in regards to operating a UAV. 

Additionally, I would not operate a UAV in a manner as to invade the privacy of anyone unaware 

of my flight intentions.

GEOGRAPHIC AREA OF OPERATION: 

My primary area of operation will be the states of Massachusetts, New Hampshire, Vermont, 

Maine, Rhode Island, and Connecticut. 

Missions will take place in both urban and rural settings. Each flight will be conducted with the 

full permission and under the supervision of the land or property owner. Typically, each flight will 

be limited to 200-feet AGL, since the purpose of my operations is to capture low and slow 

photographic and video imagery. 

As a licensed private pilot, I am experienced, knowledgeable, and familiar with air traffic control 

operations at the local airports in the region. When necessary, I will notify and seek approval of 

airport authorities as required by FAA regulations. 
Chris Grazioso

92 Clapp St., Abington, Massachusetts 02351

UAV INFORMATION AND SPECIFICATIONS:

The DJI Phantom 3 Professional is a lightweight, battery-operated, four-motor rotorcraft in the 

form of a quadcopter that takes off and lands vertically. The DJI Phantom 3 Professional weighs 

2.8 lb. The DJI Phantom 3 Professional includes the following safety features:

• An on-board flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high definition still 

photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to 

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site;

• A on-board radio transmitter (2.4GHz) that transmits live video from the on-board camera 

plus all the flight data from the telemetry system described above.

GROUND SYSTEM:

• A Pilot in Charge (PIC), myself, in operational control of a flight operation from beginning to 

end and who controls the UAV while in flight;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while in 

flight;

• A radio transmitter/controller operated by myself to control the UAV while in flight;

• A monitor that receives live video and flight data from the UAV while in flight.

PRE-FLIGHT CHECKLIST:

• When required, notify the appropriate FAA facility of my launch schedule and location.

• Survey the area of operation for hazards - trees, utility poles and other obstacles that might 

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might 

adversely affect flight safety and performance.

• Examine the aircraft, looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.
Chris Grazioso

92 Clapp St., Abington, Massachusetts 02351

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, I will hover at an altitude of approximately 10 feet to assure that the home 

return point is established.

• Exercise all controls to confirm their functionality - if one of the controls is not functioning, 

the mission will be terminated immediately.

• Operate with a Visual Observer (VO) alongside myself who will double-check for possible 

flight hazards. The VO will provide a second pair of eyes to assist me in keeping the UAV 

within Visual Line of Sight (VLOS). The VO will also assist in any emergency maneuvers 

due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius), as 

well as restricted and prohibited zones.

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing that 

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the UAV to determine its physical and electronic condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor function, 

etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Set maximum height and radius flight limits in intelligent controller if possible.

• Use low battery warning audible alarms from the controller to return to home, and land well 

before battery capacity falls below 30 percent.

EXEMPTION REQUEST:

I respectfully request exemption from the following regulations with which I cannot fully comply:

14CFR

Part 21 Airworthiness Certification

Summary: Subpart H "prescribes the procedural requirements for issuing and changing design 

approval, production approval, airworthiness certificates and airworthiness approval."
Chris Grazioso

92 Clapp St., Abington, Massachusetts 02351

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 

21, and any associated noise certification and testing requirements of part 36, is not necessary."

Part 61 (a)(b) Parts, General Operating and Flight Rules

Summary: (a) Prescribes the requirements for issuing pilot licenses and the privileges and 

limitations associated with various ratings.

Summary: (b) Aeronautical experience means pilot time, flight simulator or flight training device 

for meeting the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to be 

achieved by the UAV industry. My sources of training are: the flight instruction manuals from the 

UAV manufacturer; online videos from the manufacturer as well as videos from users; and most 

importantly, personal training in a secure location - an open area not subject to traffic and/or 

uninvolved individuals.

Those training flights, which have averaged 15 minutes each, include setup, physical and 

electronic safety checks; lift off followed by hovering at approximately 10-feet to confirm that the 

GPS system is functioning properly and has registered its Home Point; a prescribed flight plan 

to familiarize and then master the fight controls and camera; returning to the launch point and 

landing. I then conduct a post-flight inspection for any problems, log the location and flight time 

and then view the video. There are no FAA certified instructors or FAA certified study guides 

available at this time as the technology continues to develop. I respectfully request an 

exemption from this rule.

§ 91.103 (b)(2)

Summary: This section deals with the pilot's preparations for flight, in particular runway lengths, 

takeoff and landing distance information.

Response: Since a quadcopter, like a helicopter, takes off and lands vertically, I would not need 

to know this information since there are no runways involved and the return from flight is the 

takeoff point. The FAA has determined that "relief is not necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.
Chris Grazioso

92 Clapp St., Abington, Massachusetts 02351

Response: Since there are no passengers, pilots or crew members, I respectfully request relief 

from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain 

flight tests.

Response: These functions are not applicable to a quadcopter flight and, as stated earlier, 

there are no FAA certified instructors or FAA certified study guides available at this time for 

quadcopter operation. I respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if a power failure occurs, 

the aircraft has sufficient altitude to conduct an emergency landing without hazard to persons or 

property (91.119 a). It also sets minimum altitudes over congested areas and uncongested 

areas as well as has a paragraph on helicopters (91.119 b). It also sets minimum distance (500 

feet) from any person, vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAV since 

these aircraft are required to fly below 400 feet. The weight, speed and GPS-controlled Return 

to Home feature of the DJI Phantom 3 Professional mitigates incidents that could occur from 

loss of signal between the aircraft and myself. A manned aircraft is much heavier and larger 

than the DJI Phantom 3 Professional. If the DJI Phantom 3 Professional were to malfunction, it 

carries no humans, no explosive fuel and since it flies primarily over a single piece of private 

property, any damage would likely be minimal and confined to that area. In addition, access to 

the property is strictly controlled (warning sign and the clearing of any person on the property 

not involved in the flight). I respectfully request an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the “cruising altitude or 

flight level of that aircraft." It requires that the "elevation of the departure airport" be set in the 

altimeter or the "current reported altimeter setting of a station along the route and within 100 

miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. The DJI 

Phantom 3 Professional is equipped with a barometric altimeter which automatically calculates 

the takeoff altitude (0 AGL) when the aircraft is activated ⎯ the launch point becomes the 

"elevation of the departure" point. 
Chris Grazioso

92 Clapp St., Abington, Massachusetts 02351

The altitude of the DJI Phantom 3 Professional is visible in the telemetry monitor that I use and 

is consistently updated as the flight progresses. I respectfully request an exemption from this 

rule.

§ 91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things, 

that "no person may begin a flight in an airplane under VFR condition unless...there is enough 

fuel to fly to the first point of the intended landing and, “...fly after that for at least 40 minutes 

(day) and 45 minutes (night)”.

Response: This regulation deals with 'reserve' fuel. This could include any condition that 

increases flight time or fuel consumption. Weather would be one factor including wind, 

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard the DJI Phantom 3 

Professional is not aviation gas but a DC battery with a maximum flight duration of 23 minutes. 

Fuel management of a UAV requires constant monitoring of the battery's state-of-charge and 

bringing it home before it reaches the manufacturer’s recommended 30-percent level. I 

respectfully request an exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable instruments.

Response: Maintenance on the DJI Phantom 3 Professional is straight forward. If, in landing, a 

rotor blade or two are damaged, they are quickly replaced. The traditional instrument cluster in 

an aircraft is replaced by a data stream from the UAV, visible in the control monitor.

Replacement of minor parts are performed by myself as the PIC, and a major 'overhaul' that 

can’t be easily resolved will go back to the manufacturer for repair. Currently, there are no 

required inspections by 'authorized' maintenance personnel and there would be no space/room 

on board to install a placard of inoperability. I respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been 

performed. Again, approval of the maintenance before flight is essentially in the hands of the 

myself.
Chris Grazioso

92 Clapp St., Abington, Massachusetts 02351

All maintenance performed will be entered in the aircraft log, unless a separate maintenance log 

is required. Paragraph (b) restricts a pilot from carrying passengers or crew members, if the 

flight characteristics have been substantially affected before a rated pilot performs an 

operational check of the maintenance.

It is my responsibility as the PIC to perform a preflight inspection of the DJI Phantom 3 

Professional and determine its flyability. And, as mentioned earlier, there is no pilot, crew 

members or passengers on-board the DJI Phantom 3 Professional. I respectfully request an 

exemption from this rule.

§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections or 

"progressive inspections" and approval by authorized persons which will lead to the "issuance of 

an airworthiness certificate."

Response: As stated earlier, there are no FAA approved inspection protocols nor authorized 

inspection personnel. I handle those issues, as the PIC, each time the UAV is prepared for 

flight. The pre-flight check list enumerated earlier will be followed to determine its mechanical 

and electronic integrity. I respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement, and condition of vital parts (rotors, engines & airframe). Certain records must be 

retained for one year while other records must be kept with the aircraft even when sold to 

another part.

Response: The details of this section would be impractical with the DJI Phantom 3 

Professional, but repair issues will be entered into the aircraft log. I respectfully request an 

exemption from this rule.

§ 91.7

Summary/Response: I request an exemption from the civil aircraft worthiness requirement 

under 91.7(a). Section 333 permits the FAA to exempt aircraft from the requirements of an 

airworthiness certificate upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the identified UAV, and the FAA has determined 

that such certificates are not necessary for a UAV. Without such a certificate, I will be unable to 

comply with § 91.7(a). However, the FAA “has determined that for the purposes of this 

exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. 
Chris Grazioso

92 Clapp St., Abington, Massachusetts 02351

The FAA’s regulations state that the PIC of a civil aircraft is responsible for determining whether 

the aircraft is in a condition for safe flight.” (See previously granted exemption no. 11213)

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison to a 

manned fixed wing or rotorcraft. Weighing less than three pounds with camera and battery, the 

DJI Phantom 3 Professional is incapable of causing the level of damage or injury caused by a 

full-size, manned aircraft. Additionally, the ecologic and noise impact is negligible as compared 

to a traditional manned aircraft. Economically, small unmanned aerial vehicles are the most 

cost-effective solution for search and rescue operations, aerial utility inspections, and general 

aerial videography to include real estate marketing; making aerial videography more affordable 

for the businesses I serve. 

Respectfully,

Chris Grazioso

Chris Grazioso