U.S. Department of Transportation July 31, 2015

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Petition for Exemption under Section 333 of the Modernization and Reform Act of 2012 

 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Par 11, Aerial 

Data Collection Drones LLC, a small Unmanned Aircraft System (sUAS) imaging service provider 

hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow 

commercial operation of sUAS to conduct aerial data collection, 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. 

As detailed in this document and the attached DJI Phantom 3 Advanced UAS Operators Manual, the 

requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 

1) limited, 2) predetermined, 3) controlled as to access and 4) would provide safety enhancements to the 

already safe operations in the film and television industry. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirement 

for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) Reform 

Act. 

Susanne Mininno owner of Aerial Data Collection Drones LLC is a licensed Real Estate agent living in 

the Philadelphia area. I formed Aerial Data Collection Drones LLC to provide a higher level of customer 

service to all aspects of the real estate market. I would like to use the DJI Phantom 3 with its high 

definition camera commercially for videography as well as photography for residential and commercial 

property, inspection and survey in the National Airspace System (NAS) in certain areas of the United 

States. The pilot in command (PIC) will be my husband Joseph Mininno who is a licensed FAA Private

Pilot, Certificate # 3811578. We are both RC airplane, helicopter and sUAS pilots with years of flying 

experience and a safe record. We would like to expand into the commercial market to help people and 

businesses who cannot afford the high cost of manned flight. We would also like to help our community 

in a search and rescue capacity should the need arise and we are asked.

Aerial Data Collection Drones, LLC

Susanne Mininno

505 Spruce St.

Glassboro, NJ 08028

856-397-3600

Susanne_m@verizon.net
Regulations from which the exemption is requested: 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 45.27(a)

14 CFR 61.113(a) & (b) 

14 CFR 91.7(a) 

14 CFR 91.9(b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405(a) 

14 CFR 407(a) (1) 

14 CFR 409(a) (2) 

14 CFR 417(a) & (b) 

The FAA has previously issued exemption to these regulations in Exemption No. 11062, 11109, 11112, 

11213

AUTHORITY FOR EXEMPTIONS 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including 

sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections §44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 

14 CFR 91.203(a) (1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the 

national airspace system without creating a hazard to the user, the public, or a threat to national security. 

In making this determination, the Secretary must consider: 

• The sUASs’ size, weight, speed and operational capability; 

• Whether the sUAS operates within the visual line of sight of the operator; 

• Whether the sUAS operates outside of highly populated areas and away from close proximity to 

airports. 

Reform Act 333(a). If the Secretary determines that a sUAS “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system.” Id. 333(c). 
The DJI Phantom 3 Advanced (Craft Serial # P76DCE15043159) is a vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station utilizing an electronic tablet or smart 

phone systems. The DJI Phantom 3 Advanced total flight time is 23 minutes has a maximum gross weight 

of approximately 2 pounds 11 ounces while having a length of 16 inches, width of 16 inches, height of 8 

inches and a maximum speed of approximately 29 knots. The DJI Phantom 3 Advanced is equipped with 

4 main rotors; driven by Lithium Polymer battery powered electric motors. The sUAS will operate below 

200 ft. (AGL) and only in the pilot’s or visual observer’s visual line of sight at all times. Such operations 

will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.” 

Reform Act Section 333(b). 

Given the small size of the sUAS involved and the restricted environment within which they will operate, 

our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence 

immediately. Also due to the small size of the UAS and the low altitudes in which our sUAS will 

operate, approval of the application presents no national security issue. 

DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR Part 21, Subpart H: Airworthiness certificates

Subpart H, 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 sUAS to 

be utilized by Aerial Data Collection Drones LLC, 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 USC §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 

sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS 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 operating with an airworthiness certificate without the 

restriction and conditions proposed. 

14 CFR 45.23(b) AND 45.27(A): Aircraft Marking 

This regulation requires that certain experimental, provisionally certified aircraft, or light-sport category 

aircraft to be marked with letters between 2 inches and 6 inches high “limited, “restricted”, “light-sport”, 

“experimental”, or “provisional”, near each entrance to a cabin, cockpit or pilot station. 

Even though the UAS will have no airworthiness certificate, and exemption may be needed as the sUAS 

will have no entrance to the cabin, cockpit or pilot station on which the word “experimental” can be 

placed. Given the size of the sUAS, 2-inch lettering will be impossible. Aerial Data Collection Drones 

LLC will mark the sUAS “Experimental” on the fuselage as large as possible. The DJI Phantom 3 

Advanced will be identified by serial number, registered in accordance with 14 C.F.R Part 47, and have 

identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C. Markings will be as 

large as possible.

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command
Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by using a FAA licensed private pilot qualified on the DJI Phantom 3 Advanced with years of 

experience flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is 

remotely controlled with no living things or cargo on board. The area of operation is controlled and 

restricted, and all flight are planned and coordinated in advance as set forth in the Operator Manual. The 

risks associated with the operation of the sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as 

requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b). 

14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the Operator Manual for maintenance and use of safety checklists prior to each 

flight an equivalent level of safety will be provided. 

14 CFR 91.9(b) (2): Civil aircraft flight manual, marking and placard requirements

The sUAS, given its size and configuration has no ability or place to carry such as flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such 

an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the User Manual at the ground control point 

where the pilot flying the sUAS will have immediate access to it. 

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the Operator Manual and safety checklists. These actions will 

provide an equivalent level of safety. 

14 CFR 91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless the aircraft has fully functioning dual controls. 

By design, sUASs and remotely piloted aircraft do not have fully functional dual controls. Flight control 

is accomplished through the use of a control box that communicates with the sUAS via radio 

communications. The equivalent level of safety is provided by the fact that neither a pilot nor passengers 

will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller and by 

the size and speed of the aircraft. 

14 CFR 91.119: Minimum safe altitudes 
Section 91.119 establishes safe altitudes for operation of civil aircraft. The sUAS will never operate at 

altitude higher than 200 AGL and all operations will occur during daylight hours under Visual 

Meteorological Conditions (VMC) only. 

The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as well as 

the location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because advance notice to the property owner and any onsite personnel, as well as the 

precautions outlined below, all affected individuals will be aware of the planned flight operations. 

Flight operations will be conducted at least 500 feet from all non-participating persons (persons other than 

the pilot in command (PIC) or visual observer (VO), vessels, vehicles and structures, unless: 

1. Barriers or structures are present that sufficiently protect non-participating persons from 

debris in the event of an accident. The PIC will ensure that non-participating persons remain under such 

protection. If a situation arises where non-participating persons leave such protection and are within 500 

feet of the sUAS, flight operations will cease immediately and/or; 

2. The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating 

closer to those objects and; 

3. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 

CFR 91.119(a). 

The sUAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at 

least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO 

will provide notification to the local Flight Standards District Office and airport controller of all 

operations within 5 miles of an airport. The FAA will have advance notice of all operations through the 

filing of notices-to-airmen. 

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed 

herein and carrying flammable fuel, any risk associated with our operations is far less than those presently 

presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In 

addition, the low-altitude operations of the sUAS will ensure separation between these UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119. 

14 CFR 91.121: Altimeter Settings 

This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an 

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions 
Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. The sUAS is 

limited to operations in controlled environments and has a limited flight time which require an exemption 

from 14 CFR 91.151(a). 

The battery powering the sUAS provides approximately 23 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR 91.151, sUAS flights would be limited to approximately 20 

minutes in length or 25% of battery power, whichever happens first. Given the limitations on the sUAS’s 

proposed flight area and the location of its proposed operations within a predetermined area, a longer time 

frame for flight in daylight VFR conditions is reasonable. 

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or 25% battery reserve to 

ensure that the sUAS lands at the ground station (as determined by the onboard monitoring system and the 

PIC), whichever happens first. This restriction would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its limited operating area. 

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration 

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there 

is no ability or place to carry certification and registration documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to 

the sUAS. 

14 CFR 91.405(a); 407(a) (1); 409(a) (2); 417(a) & (b): Maintenance inspections 

These regulations require that an aircraft operator or owner “shall have that 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...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to Unmanned Experts. Maintenance will be accomplished by the operator pursuant to the 

Operator Manual. An equivalent level of safety will be achieved because these sUASs are very limited in 

size and will carry a small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 200

feet AGL. As provided in the Operator Manual, the operator will ensure that the sUAS is in working order 

prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft 

in an airworthy condition to provide the equivalent level of safety. 

PUBLIC INTEREST 

Approval of exemptions allowing commercial operations of sUASs for aerial data collection enhances 

safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the 

craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS 

weighing 2 pounds 11 ounces and powered by batteries eliminates virtually all of that risk given the 
reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew 

and, therefore, will not expose them to the risks associated with manned aircraft flights. 

Conducting aerial data collection with the DJI Phantom 3 Advanced UAS, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial flight operations. By using battery power and an electric motor, the sUAS produces no 

air pollution and is a viable, environmentally alternative to aircraft that burn fuel. The DJI Phantom 3

Advanced UAS, while reducing the carbon footprint of aerial data collection, also reduces noise pollution 

as the sUAS is propelled by battery powered electric motor rather than an internal combustion engine. 

EQUIVALENT LEVEL OF SAFETY 

Aerial Data Collection Drones LLC proposes that the exemption requested herein apply to sUAS that 

have the characteristics and that operate within the limitations listed herein. These limitations provide for 

at least an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the already safe protocols followed by 

aerial data collection operations conducted with helicopters and other conventional aircraft. 

Aerial Data Collection Drones LLC will be bound by the following limitations when conducting its sUAS 

operations under an FAA issued exemption: 

1. The sUAS will weigh less than 3 pounds. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 20 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 20 minute limit. 

4. Flights will be operated at an altitude of no more than 200 feet AGL. 

5. Flight operations will be conducted 5 miles from an airport and at least 3 miles 

from any city or densely populated area, which are depicted in yellow on VFR sectional charts. 

6. Flight operations within 5 miles of an airport require notification and approval 

from the local Flight Standards District Office and airport controller. 

7. Flight operations will occur during daylight hours and under visual 

meteorological conditions only. 

8. The FAA will have advance notice of all operations through the filing of noticesto-airmen. 

9. Minimum crew for each operation will consist of the sUAS pilot and visual 

observer. 

10. The sUAS pilot will be an FAA licensed airman with at least a private pilot’s 

certificate qualified to operate the DJI Phantom 3 Advanced UAS.

11. UAS pilot and visual observer will hold a valid and current US driver’s license.

12. UAS pilot and visual observer will have been trained in the operation of the 

sUAS. 

13. UAS pilot and visual observer will at all times be able to communicate by voice.

14. Written and/or oral permission from the relevant property holders will be 

obtained. 

15. Flight operations will be conducted at least 500 feet from all non-participating 

persons, vessels, vehicles and structures unless: 

a. Barriers or structures are present that sufficiently protect non-participating 

persons from debris in the event of an accident. The pilot will ensure that non-participating 
persons remain under such protection. If a situation arises where non-participating persons leave 

such protection and are within 500 feet of the sUAS, flight operations will cease immediately 

and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and; 

c. Operations near the pilot or visual observer do not present an undue hazard to the 

pilot or visual observer. 

16. If the sUAS loses communication or loses its GPS signal, the sUAS will have the 

capability to return to a safe, pre-determined location and land. 

17. The sUAS will have the capability to abort flight in case of unpredicted obstacles 

or emergencies. 

PRIVACY 

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise 

have agreed to be in the area where aerial photography will take place. 

FEDERAL REGISTER SUMMARY

Aerial Data Collection Drones LLC seeks exemption from part 21 and §§ 45.23(b), 45.27(a), 61.113(a) 

and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The 

exemption would allow commercial operation of a DJI Phantom 3 Advanced small Unmanned Aircraft 

System (sUAS) to conduct aerial data collection in certain areas of the United States.

This petition for exemption under Section 333 of the Modernization and Reform Act of 

2012 was electronically submitted.

The DJI Phantom 3 Advanced manual was too large to upload. If the manual is needed please let me 

know and I will mail it in ASAP.

 

Respectfully submitted,

Susanne Mininno

Aerial Data Collection Drones LLC

505 Spruce St.

Glassboro, N.J. 08028

856-397-3600 

Susanne_m@verizon.net