January 27, 2016

U. S. Department of Transportation Docket Management System 

1200 New Jersey Ave., Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to the Section 333 of the FAA Modernization and 

Reform Act of 2012 (the "Reform Act"), I, James Brigham

Henderson, operator of an Unmanned Aircraft Systems ("UAS") 

seek an exemption from the Federal Aviation Regulations 

("FARs") to allow commercial operation of an 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. I am a commercial airline pilot (Airline transport 

rating) with a major airline as well as a photography enthusiast. I 

am well acquainted with airspace restrictions, airplane-operating

limitations, and following procedures in general. 

Commercial operation of the UAS, as described herein, 

equipped with camera(s) and sensors, would operate in the 

following manner: 

 Aerial photography and/or video for public and/or private 

use including real estate, architecture, land surveying, 

engineering and other related professional activities. 

 Aerial video and/or photography for public and/or private 

use including television, public events, cinematography and 

newsgathering. 

 Aerial inspection/photography of residential/commercial 

structures.

 Aerial video/photography or providing live video feed to 

assist with search and rescue operations in cases of an 

emergency or natural disaster only when the local 

authorities or government has requested it by contract or 

donation. 
 Instruction in the use of UAS for Aerial photography.

I intend to primarily operate in the area near where I live, 

Princeton NJ. The unique airspace issues are: 1. Princeton 

Airport located approximately 4 miles to the North of the center 

of town. 2. Princeton University campus which is in the center 

of town. I have lived in this area for the last 13 years and am 

well acquainted with the borders and geography. I have 

reviewed the aeronautical charts and visual landmarks 

associated with safe operating distances from the airport. 

As described fully below, the requested exemption would permit 

the operation of a UAS under controlled conditions in the NAS 

that would be a) limited b) controlled c) predetermined and d) will 

provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. 

Applicant: James Brigham Henderson, 212 Stuart Road East, 

Princeton NJ 08540. 609-216-5343. 

jbrighenderson@yahoo.com

Safe operation with minimal risk to persons and property will be 

obtained by following the Aircraft Flight manual.

Preflight inspection, maintenance and repair will be performed in 

accordance with the Aircraft Flight Manual.

The radio frequency used by this UAS and its sensors comply 

with the FCC requirements as stated in the Aircraft Flight 

Manual.

AttachmentsDJI Phantom 3 Professional User Manual 

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

Regulations from which the exemption is requested: 

14 CFRPart 21 subpart H14 CFR45.23 (b)14 CFR91.7 

(a)14 CFR91.9 (b) (2) 14 CFR91.103 14 CFR91.109 
14 CFR91.119 (c)14 CFR91.12114 CFR91.203 (a) and (b) 

14 CFR91.405 (al 14 CFR91.407 (a] (1)14 CFR91.409 (a) 

(2)14 CFR91.417 (a) and (b) 

Extent of Relief and Why:

14 CFRPart 21 subpart H 

The UAS to be operated carries neither pilot nor passenger and 

carries no explosive materials or flammable liquids. Given the 

size, weight, speed and limited operating area associated with 

the aircraft to be utilized, I request exception. In the restricted 

environment and under the conditions proposed operation will be 

at least as safe, or safer, than a conventional aircraft operating 

with an airworthiness certificate without said restrictions. 

14 CFR45.23 (b) 

Due to the size of this UAS it does not have a cockpit, cabin, or 

pilot station on which to market certain words or phrases. 

Lettering would be very difficult to place on such a small aircraft 

and dimensions would need to be smaller than required 

minimums.

14 CFR91.7 (a) 

As there will be no airworthiness certificate for the aircraft, 

should this exemption be granted, no FAA regulatory standard 

will exist for determining airworthiness. Given the size of the 

aircraft for maintenance and use of safety check list prior to each 

flight an equivalent level of safety will be provided. 

14 CFR91.9 (b) (2) 

Given the size and configuration, the UAS has no ability to carry 

a flight manual on the aircraft. There is no room capacity, or pilot 

on board to adequately carry flight manual. An equivalent level of 

safety will be maintained by keeping the flight manual at ground 

control point where the pilot will have immediate access to it. 
14 CFR91.103 

As FAA approved flight manuals will not be provided for the 

aircraft an exemption will be needed. Normal procedures 

including but not limited to; reviewing weather, flight battery 

requirement, landing and takeoff distances, along will all of those 

found in attachment " Pilot Training". An equivalent level of 

safety will be provided by preflight protocol to properly match the 

machine. 

14 CFR91.109 

UAS and remotely piloted aircraft do not have fully functional 

dual controls. Flight control is achieved through the use of a 

control box that communicates with the aircraft via radio 

communications. The equivalent level of safety provided 

because neither a pilot nor passenger will be carried in the 

aircraft, and by the speed and size of the aircraft. 

14 CFR91.113 (a) and (b) 

I can achieve an equivalent level of safety as achieved by 

current regulations because my UAS does not carry a pilot or 

passengers. While helpful, a pilots' license will not ensure 

remote control piloting skills. 

14 C.F.R. §91.119

Minimum safe altitudes. Section 91.119 establishes safe altitudes 

for operation of civil aircraft. Section 91.119 (d) allows helicopters 

to be operated at less than the minimums prescribed, provided 

the person operating the helicopter complies with any route or 

altitudes prescribed for helicopters by the FAA. As this exemption 

is for a sUAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 

200 above an elevated platform from which filming is planned, an 

exemption may be needed to allow such operations. As set forth 

herein, except for the limited conditions stated in the Manual, the 
UAS will never operate at higher than 400 AGL. It will however be 

operated in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without 

their pre-obtained consent.

14 CFR91.121 

The UAS may not have a barometric altimeter, but instead does 

have a GPS altitude read out. I believe an exemption may be 

needed. An equivalent level of safety is achieve by the operator 

receiving live flight data monitoring and confirming current 

altitude along with altitude of launch site shown on GPS altitude 

indicator. 

14 C.F.R. § 91.151(a)

Fuel Requirements for Flight in VFR Conditions. Section 91.151 (a) 

prohibits an individual from beginning “a flight in an airplane 

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 – (1) 

During the day, to fly after that for at least 30 minutes; or (2) At 

night, to fly after that for at least 45 minutes.” The battery 

powering the sUAS provides approximately 30 minutes of 

powered flight. To meet the reserve requirement in 14 CFR 

§91.151, sUAS flights would be limited to no more than 20 

minutes in length. Given the limitations on the UAS’s proposed 

flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or 

night VFR conditions is not required. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls 

within the scope of prior exemptions. See Exemption 10673 

(allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the sUAS in a tightly 
controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with 

less than 30 minutes of reserve fuel, does not engender the type 

of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the sUAS. Additionally, limiting sUAS flights to 

no more than 20 minutes would greatly reduce the utility for 

which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 20 minutes or 25% of battery power 

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. 

Similar exemptions have been granted to other operations, 

including Exemptions 2689F, 5745, 10673, and 10808. 

14 CFR91.203 (a) and (b) 

Similar to, 14 CFR91.9 (b) (2), given the size and configuration, 

the UAS has no ability to carry certificate and registration 

documents on the aircraft. An equivalent level of safety will be 

achieved by keeping these documents, to the extent they are 

applicable to the UAS, at the ground control point where pilot has 

immediate access to them. 

14 CFR91.405 (a), 14 CFR91.407 (a) (1), 14 CFR91.409 (a) (2), 

14 CFR91.417 (a) and (b) 

Given these sections only apply to aircraft with an airworthiness 

certificates, theses sections do not apply to this applicant. As a 

safety precaution, operator will perform preflight inspections and 

ensure UAS is in working condition before initiating each flight. 

James Brigham Henderson is seeking relief from all FARs above 

preventing applicant from conducting aerial photography and 
video with the DJI Phantom Professional 3. The drone to be 

used is less then 15 pounds. The weight of the UAS meets the 

definition of "small unmanned aircraft" found in section 331. 

In order to obtain high quality photography and video the UAS 

will be used at speeds much less than it's top speed of 33.5 

mph. Due to the UAS being battery powered there are no 

combustible fuels onboard. Maximum flight time for this particular 

UAS is less then 30 minutes. Flights to be terminated with no 

less then 25% battery life remaining. Given the size, weight, 

speed, and limited operating area associated with the aircraft to 

be utilized I find this exception to be reasonable with an 

equivalent or greater level of safety to be reached by the 

operator. 

Safety: 

An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance 

with the UAS Manufacturer's User Manual. As provided in the 

FOM, the operator will ensure that the UAS is in working order 

prior to initiating flight and perform required maintenance 

needed. 

Please see attachment “DJI Phantom 3 Professional User 

Manual" for safety precautions to be use for every flight. 

Additionally:

1) I will operate my UAS in accordance with the “blanket” COA 

for section 333. 2) I will land my UAS prior to manufacturer 

recommended minimum level of battery power. 4) I will pilot my 

UAS through remote control by line of sight. 

3) My UAS uses GPS and a flight safety feature whereby it 

returns to a preprogrammed position and then slowly lands if 

communication with the remote control pilot is lost. 4) I actively 

analyze flight data and other sources of information to constantly 

update and enhance safety protocols. 
5) I conduct extensive pre-flight inspections. 6) I always obtain 

the necessary permissions prior to operation. 7) I have 

procedures in place to abort flights in the event of safety 

breaches or potential danger. 

The applicant, James Brigham Henderson has an understanding 

of the capabilities and safety concerns involved in using this 

technology as an asset to the community. Satisfaction of criteria 

provided in Section 333 of the Reform Act of 2012 provide more 

than adequate justification for the grant of the requested 

exemptions allowing the commercial operation of the applicant’s 

UAS. 

In addition it benefits the general public because it is much more 

efficient than traditional ways of using a plane or helicopter to 

achieve Aerial Photography and Aerial Videography. We can 

now provide this level of service while being conservative with 

fuel, time, emissions, noise, and other resources. Considering 

size, weight, speed, and absence of combustible fuels, my UAS 

poses much less of a safety concern for the general public when 

compared to manned aircraft. 

Thank you for your consideration, 

James Brigham Henderson