Mr. Frederick Francis Scoville-Section 333 Exemption Petition

June 19, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 33 of the FAA Reform Act of the Federal Aviation Regulations from 14 

C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.109;119.121; 91.405(a); 91.407(a) (1); 91.409(a) (2) 

91.417(a)&(b)

Dear Sir or Madam:

I, Frederick F. Scoville, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, to request that I, Frederick Francis Scoville as an owner and 

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARS”) listed 

below so that I, Frederick Francis Scoville, may operate a small light weight unmanned aircraft system 

(“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”) located in 

South Eastern Virginia (specifically in the Tidewater/Hampton Roads area) in accordance with FAA UAS 

regulations & policies.

This exemption request is made based on information outlined in this petition, as well as the 

accompanying DJI Phantom 3 Professional Operators Manual (exhibit 1) and Personal Protocols and 

Controls. The DJI Phantom 3 Professional was selected by me because it has a proven capability for 

controlled flight as well as a gyro stabilized flight mode, GPS aided navigation, a compass, blinking LED’s 

under the hull, a failsafe mode for returning home and prop guards. These devices are offered for 

general sale around the world and have often been used as Model Aircraft in the United States. In 

addition, I Frederick Francis Scoville, have previous experience flying as a Helicopter Fight 

Paramedic/Aerial Observer in cooperation with the New York State Police Aviation Unit out of Stewart 

International Airport (SWF) for combined law enforcement, drug eradication, surveillance and search 

and rescue missions. I also have prior RC Aircraft experience. In addition to these professional attributes 

and experiences, I am also a former Certified Law Enforcement Officer in New York. These professional 

qualifications have given me actual experience and certifications in protocols and controls to avoid 

public hazards and catastrophe in flight as well as on the ground. The former will act to further use 

safety protocols exclusive to lightweight UAS’s specific to photography and video usage as I, Frederick 

Scoville will be recording flight data and other information gained through permitted flight operations to 

share with the FAA through any required FAA reports to assist with future protocol and safety 

regulations. 
1. Contact information

Frederick Francis Scoville

412 Kendall Haven

Smithfield, Virginia 23430

Mobile: (757)951-3398

Email: fbuddy041@verizon.net

2. Information regarding the Phantom 3 Professional UAS

 Specifically, the UAS is:

 An ultra lightweight battery operated 4 motor rotorcraft in the form of a quadcopter that takes

 off and lands vertically, manufactured by DJI, Model Phantom 3 Professional with the 

 following equipment:

 

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

for flight controls from a ground based transmitter/controller;

 An integrated on-board camera capable of capturing imagery in the form of full color, high 

definition/Ultra High definition 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 remote controller operating on 2.400 GHz-2.483Ghz 

 A 600mw, 5.8GHz on-board radio transmitter that transmits live video form the on-board 

camera plus all the flight data from the telemetry system described above;

The Ground Station Includes:

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and 

who controls the UAS while in the air;

 A 100mW, 2.4Ghz radio transmitter/controller operated by the PIC to control the UAS while in 

flight;

 A radio receiver receiving live video and flight data from the on-board camera and computer 

projects it all together onto a screen for the PIC to view during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to the visually track the 

UAS while in flight.

 
3. Proposed Operations

 I, Frederick Scoville, intend to use the UAS in 3 areas. First, I seek an exemption to perform video 

 Filming and photography by air for public and private use. Second, I will employ the UAS to 

 Inspect land, residential, commercial and industrial structures and property. Third, I intend to

 volunteer my professional services for Search and Rescue and any other mission that is for the

 benefit of the public such as post disaster/storm damage assessments.

 Specifically, I will use the UAS which is equipped with cameras and sensors, in order to engage in 

 the following commercial activities in the Tidewater/Hampton Roads regions of Virginia:

a. Video filming by air and photography for public and private purposes, including: 

advertising or promotions. Filming and Photography will only be conducted with 

permission and under contract with registered owners or with any local government 

authority and only when safe to do so.

 

b. Video filming by air and photography to support professional operations in engineering, 

land surveying and development, architecture, real estate and other related professional 

activities with permission from the owners or with any authority employed to authorize 

and only when safe to do so.

c. Inspection by air of infrastructure such as bridges, highways, power stations, piplines and 

other facilities with owners/operators permission and only when safe to do so.

d. Inspection by air of land and residential, commercial and other industrial structures, only 

when safe to do so.

e. Support by air, providing search and rescue and reconnaissance in cases of need, 

emergency or natural disasters only when requested by a local government entity and 

only when safe to do so. 

4. Relevant Statutory Authority

 

 This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

 FAA Modernization and Reform Act of 2012 (“Reform Act”). Congress has directed the 

 the FAA “to safely accelerate the integration of civil unmanned aircraft systems into 

 the national airspace system. “Pursuant to Section 333 of the Reform Act, the FAA

 Administrator is to permit unmanned aircraft systems to operate in the National Air-

 Space (NAS) where it is safe to do so based on the following considerations: 
 The UAS’s size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight (VLOS) of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency’s safety regulations and minimum standards when the Administrator decides

requested exemption is in the public interest (49 U.S.C. sub.sec. 106(f) (defining the 

authority of the Administrator); 49 U.S.C. sub. Sec. 44701(f) (permitting exemptions from 

sub. Sec. 44701(a), (b) and sub.sec. 44702-44716, et seq.) A party requesting an 

exemption must explain the reason why the exemption: (1) would benefit the public as a 

whole, and (2) would not adversely affect safety (or how it would provide a level of 

safety at least equal to the existing rules). See 14 C.F.R. sub. Sec. 11.81 (petitions for 

exemption).

5. These Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act

 

 The proposed operations in this Petition for Exemption qualify for expedited approval 

 Pursuant to Section 333 of the Reform Act as each of the statutory criteria and relative

 factors are satisfied.

6. Approval is Warranted Based on the UAS Size, Weight, Speed and Operational Capability

I, Frederick Scoville, will employ the DJI Phantom 3 Professional quadcopter for the 

operations specified in this Petition for exemption.

 The Phantom 3 Professional UAS has a maximum take-off weight of less than 5 

pounds.

 Flight Speed will not exceed 15 miles per hour, and it will not be flown in controlled 

airspace or at an altitude that exceeds 400 feet AGL.

 All flights will be flown in such a manner that they can be safely terminated/aborted 

with a reserve battery power of no less than 30% of the battery’s maximum charge.

 The DJI Phantom 3 Professional does not carry flammable propellant or fuel.

 The Phantom 3 Professional UAS has an integrated GPS system that calculates the 

UAS’s position and altitude and relays that information via a secure connection to 

the operator.

 The Phantom 3 Professional UAS contains a failsafe mode if its connection to the 

remote control/operator is lost, and this system permits the UAS to return to a 

predetermined location and land without injury or damage.

 For additional safety, the UAV will be configured with prop guards.

7. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations

Manual.
DJI’s operators manual (exhibit 1) and the personal Protocols and Controls (exhibit 2) 

contain all the procedures and limitations necessary to successfully perform the operations 

specified in this Petition for Exemption.

8. The public interest will be served by granting Frederick Francis Scoville a Petition for 

Exemption in the Tidewater/Hampton Roads areas of Virginia. Congress has established a 

national policy that favors early integration of UASs into the NAS in controlled, safe working 

environments such as those proposed in this Petition. In addition, the public also has an 

interest in reducing the hazards associated with alternate methods of conducting similar 

operations. Currently, operations are conducted using teams that physically climb onto, 

underneath and around structures or use low flying aircraft that are not cost effective or are 

prohibitive in certain areas/environments or are not available to the end user. By using a 

UAS, many more hazards will be reduced and safety of the public will be increased.

Additionally, the intended uses of the Phantom 3 Professional UAS as outlined in this 

document have identifiable safety benefits that include reducing the danger and emissions 

associated with full size aircraft. UASs have no fuel to ignite, no crew, add a greater degree 

of flexibility, supplement the current capabilities offered by manned aircraft.

9. A Summary the FAA May Publish in the Federal Register:

A. 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

 

 14 C.F.R. 91.7(a) I Frederick Francis Scoville, will ensure the UAS is in airworthy con-

 dition based on compliance with the Phantom 3 Professional operating manual/doc-

 uments prior to each flight.

 14 C.F.R. sub.sect. 91.121 Relief is requested considering the limited altitude of 

 Proposed operations.

B. 14 C.F.R. sub. Sect. 61.113: Private Pilot Privileges and Limitations: PIC

Pursuant to 14 C.F.R. sub sect. 61.113 (a), The FAA has previously declared that 

additional manned airship experience of a commercially certified pilot would not

correlate to the airmanship skills necessary for similarly proposed operations in 

previously issued exemptions to this regulation through Exemption Nos. 11062 and 

11138.

Pursuant to 14 C.F.R. sub sect. 61.113(b), the stick and rudder controls of the typical 

aircraft one would be trained on to achieve a private pilots license are completely 

different than that of a small UAS. Additionally, the FAA does not require manned ultra 
light vehicle PICs to meet any aeronautical knowledge, age, or experience requirements 

or to have airman or medical certificates (as outlined in 14 C.F.R. sub sect. 103). Ultra 

light vehicles can weigh more than 500 pounds than the Phantom 3 Professional, can 

carry up to 5 gallons of combustible fuel and fly at speeds close to double that capable 

by the Phantom 3 Professional. 

C. 14 C.F.R. 91.119(c): Minimum Safe Altitudes

14 C.F.R. sub sect. 91.119(c) I, Frederick Francis Scoville, will ensure that all persons and 

objects not essential to flight operations must remain 500 feet away from operations. In 

addition to visual monitoring of the area, warning signs/cones will be posted alerting 

persons in the base of operations area. Propeller guards will be configured on each rotor 

mount. Flight operations/altitudes will not exceed 400 feet AGL and will be monitored 

by onboard flight systems as well as the PIC.

 d. 14 C.F.R. 91.151 (c): Fuel requirements for Flight in VFR Conditions

 14 C.F.R. 91.151 (c) I Frederick Francis Scoville will ensure that each individual flight

 will not begin unless there is enough power to fly to the first point of intended landing 

 and land the UAS with 30% battery power remaining. In addition, each individual 

 flight will last no longer than 20 minutes, which is approximately 5 minutes less than

 the manufacturers stated 25 minute flight time.

e. 14 C.F.R. 91.405(a); 407(a) (1); 409 (a) (2); 417(a) &(b): Maintenance Inspections.

The above cited Regulations require, amongst other things, aircraft owners and 

operators to “have [the] aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter. ...”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my Phantom 3 Professional UAS. However, as a safety precaution, I 

will inspect my UAS per operating documents before and after each flight. I will hold a 

hover to make sure compass and GPS are correctly configured into the 

controllers/systems. 

f. Conclusion
This petition for Exemption satisfies the criteria articulated inn Section 333 of the Reform 

Act of 2012 including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within visual line of sight (VLOS) and national security. 

Additionally, the Petition provides more than adequate justification for the grant of the 

requested exemptions to permit Frederick Francis Scoville to operate a DJI Phantom 3 

Professional UAS in the Tidewater/Hampton Roads areas of Virginia for the operations 

specified herein.

Granting the exemption will benefit the public interest as a whole in several ways, including 

significantly improving safety and reducing risk by alleviating human exposure to danger 

and, improving the quality of services and decreasing operating costs associated with 

conventional flight operations for similar missions.

Respectfully,

Frederick Francis Scoville

412 Kendall Haven

Smithfield, Virginia 23430

fbuddy041@verizon.net

Exhibit 1:

Phantom 3 Professional Operations Manual Online Link:

http://www.dji.com/product/phantom-3/download

fs