U.S. Department of Transportation

Federal Aviation Administration

Washington, DC

September 9, 2015

Petitioner

Dylan Haan, Professional Engineer

6545 Willowick Dr. 

Findlay, OH 45840

419-619-3483

dylanhaan@gmail.com

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11.81, Dylan Haan, hereby applies for an exemption from the listed Federal Aviation 

Regulations ("FARs") to allow commercial operation of its small, unmanned aircraft for 

photogrammetry, photography/cinematography, industrial inspections, search & rescue, and analyses. 

All operations shall be conducted within and under the conditions and limitations outlined previously by 

the FAA as required by Section 333 and conducted in compliance with the attached operator’s manuals.

Definitions

AGL Above Ground Level

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GPS Global Positioning System

PIC Pilot in Command

sUAS Small Unmanned Aerial System

VFR Visual Flight Rules

VLOS Visual Line of Site

1. Sections from which exemptions are sought: 

a. 14 CFR Part 61.113(a) and (b) – Private pilot privileges and limitations: PIC

b. 14 CFR Part 91 – General Operating and Flight Rules:

i. 91.119 (b) and (c) – Minimum safe altitudes: General 

ii. 91.121 – Altimeter settings 

iii. 91.151 (a) – Fuel requirements for flight in VFR conditions 

iv. 91.405 (a) – Maintenance required

v. 91.407 (a)(1) – Operation after maintenance, preventative maintenance, 

rebuilding, or alteration 

vi. 91.409 (a)(1) and (2) – Inspections 

vii. 91.417 (a) and (b) – Maintenance records
2. Relief sought:

a. Dylan Haan wishes to operate small Unmanned Aircraft Systems (sUAS) for commercial 

purposes to include (but not be limited to) photogrammetry and videography for real 

estate agents, appraisers, property managers, general contractors, agriculturists, utility 

inspections, businesses, and public departments, safe flight permitting.

This relief is sought because commercial use of sUAS is currently prohibited by law 

unless performed under an exemption.

b. This exemption will cover use of the following airframes, all of which will weigh less than 

55 pounds including payload and energy sources:

i. DJI Phantom 3 (see www.dji.com/product/phantom-3)

A. Weight (Including Battery and 

Propellers)

2.82 lbs

B. Diagonal Size (Including 

Propellers)

23.23 in

C. Max Ascent Speed 11.2 mph

D. Max Descent Speed 6.7 mph

E. Max Flight Time ~ 23 minutes

F. Remote Controller Operating 

Frequency

2.400 GHz - 2.483 GHz

G. Auto-Takeoff Rises to a pre-set height and will 

hover in place until directed by PIC

H. Auto-Return Home Recalls position it took off from to 

enable a tap of a button to return 

back home

I. Low Battery Failsafe If the flight battery is run running low 

or the Phantom 3 loses connection 

with the remote it will automatically

return back home

3. Specific Sections of C.F.R. from which Dylan Haan Seeks Exemption:

a. Section 61.113(a) and (b) Private Pilot Privileges and Limitations – Section 61.113 

states that no person who holds a private pilot certificate may act as pilot in command 

of an aircraft that is carrying passengers or property for compensation or hire; nor may 

that person, for compensation or hire, act as pilot in command of an aircraft. The sUAS 
will not carry a pilot or passengers. Then the stated operations can achieve the 

equivalent level of safety by requiring the PIC operating the aircraft to have completed 

FAA Private Pilot Ground school instruction and passed the FAA Private Pilot written 

exam to operate these sUAS. These sUAS are not capable of carrying a pilot or 

passengers, therefore distinguishing them as remotely controlled vehicles. The area of 

operation is controlled and restricted providing a sound level of safety referenced from 

the operations manual.

b. Section 91.119 (b) and (c) Minimum Safe Altitudes – Section 91.119 states persons may 

operate a helicopter at less than the minimums prescribed in paragraph (b) or (c) of this 

section, provided each person operating the helicopter complies with any routes or 

altitudes specifically prescribed for helicopters by the FAA. The sUAS meets these 

criteria as a helicopter and requests the ability to operate at altitudes up to 400’ AGL. 

Only in accordance with consent will the sUAS operate while also maintaining an 

altitude less than 400’ AGL. For comparison with traditional aircraft and rotorcraft the 

sUAS weighs less than 10lbs, while also preventing potential risks associated with 

flammable fuel. Lastly the 400’ AGL ceiling limits any ability for the sUAS to interfere 

with conventional aircraft operating at or above 500’ AGL.

c. Section 91.121 Altimeter Settings – Section 91.121 states each person operating an 

aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may

be, by reference to an altimeter that is set, when operating below 18,000 feet MSL, to 

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

nautical miles of the aircraft. In the case of an aircraft not equipped with a radio, the 

elevation of the departure airport or an appropriate altimeter setting available before 

departure. The sUAS will reference its altitude based on GPS and will be restricted to a 

400’ AGL ceiling. The PIC will also verify GPS elevation from multiple ground based 

sources prior to takeoff.

d. Section 91.151(a) Fuel Requirements for Flight in VFR conditions – Section 91.151 

states no person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for

at least 20 minutes. The sUAS battery powered operational flight time is not able to 

incorporate a 20 minute reserve window following successful first point of intended 

landing due to current battery capacity limitations. In order to provide adequate reserve 

power for return landing the sUAS will abide by a 12 minute flight time or 25% of 

remaining battery power, whichever happens first.

e. Section 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) – These 

sections only apply to aircraft with an airworthiness certificate, Dylan Haan requests

exemption from these sections because the DJI Phantom 3 does not require an 

airworthiness certificate. The sUAS is in accordance with FMRA Section 333 for

operation, absent an airworthiness certificate. In order to ensure proper maintenance 

the operations manual will be cited for necessary corrective measures. In addition, the 

PIC is the person most familiar with the aircraft and best suited to maintain the aircraft

in an airworthy condition, and any sUAS conducted maintenance will be documented for

the life of the aircrafts.
4. Public benefit:

a. Use of sUAS technology to obtain imagery, information and data currently obtained by 

use of manned flight or manual methods:

i. Reduces statistical risk to human life due to manned aircraft accidents (e.g., 

infrastructure inspections) and due to other dangerous activities that can be 

avoided (e.g., scaffolding/rigging failures during stack or bridge inspections).

ii. Reduces the cost of obtaining such information, which benefits consumers and 

the economy.

iii. Reduces environmental impact by eliminating sources of hydrocarbon emissions 

from manned aircraft.

iv. Real estate agents will be able to set their listings apart with a unique 

perspective only available from sUAS photographic equipment, therefore 

increasing the prospect of meeting or exceeding the asking price.

v. Agriculturists will have the ability to survey their land in a more timely manner 

and better document the condition of their property.

vi. Search and rescue entities could utilize the sUAS to help quickly aid in finding 

the location of person(s) while providing a better vantage point in closer

quarters.

5. Public Safety:

a. Aircraft will comply with maintenance and inspection requirements of the

manufacturer.

b. Both sUAS will reduce air and noise pollution do to the aircraft being powered by a 

battery and brushless electric motors.

c. These small aircraft create less potential for harm, should an emergency situation occur,

thanks to their size and weight. 

d. Furthermore the lack of combustible fuel also significantly decreases their chances of

producing harm.

Conclusion

Based on the criteria provided under the FMRA Section 333, Dylan Haan requests that the FAA grants 

him exemption from 14 C.F.R Sections 61.113(a) and (b), 91.119(b) and (c), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b) in order to conduct contracted commercial 

sUAS operations using the DJI Phantom 3 for a wide range of industries and applications.

Sincerely, 

Dylan Haan