U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

S E Washington, DC 20590 November 12, 2015 

Petition of Grant Piering for Exemption Pursuant to section 333 of the FAA Reform Act of 2012 

and 14 C.F.R. Part 11, Grant Piering, an operator of the DJI Phantom 3 Professional Unmanned 

Aircraft System ("UAS") seeks exemption from the Federal Aviation Regulations ("FARs") as 

described below. 

The exemption request will permit Grant Piering to operate UASs commercially for the purpose 

of filming and photographing property, people, events, and geographical landmarks. Grant 

Piering will provide a service that is beneficial to an industry that is already using, and seeking 

to use, UASs for these purposes with a legal and safe option while providing relevant 

experience and information to the FAA and UAS community. This will benefit the public with the 

controlled operation of UASs by Grant Piering and increased integration into the National 

Airspace System ("NAS"). 

All aerial operations conducted by Grant Piering will adhere to safety, applicable FARs, 

Operator's Handbook, applicable Airworthiness Directives, and all other guidelines from the 

FAA. All operations carried out by Grant Piering will maintain the same level of safety as current 

manned aircraft operations. As an experienced recreational drone pilot, Grant Piering will 

maintain the highest of standards in all UAS operations, both commercially and recreationally. 

Flights would be conducted using the DJI Phantom 3 Professional with a built-in camera. Max 

aircraft weight is 1280g (2.8 lbs.), max aircraft speed is 35mph (no wind), and max descent 

speed is 6.7mph. 

Grant Piering is a photographer and videographer that plans to unleash the capabilities of UASs 

to offer various services, including: 

• Aerial photography and film making 

• Real estate photography 

• Aerial surveying 

• Educational and research operations 
Unmanned Aircraft System 

UASs are often viewed as superior to helicopters for performing tasks such as aerial 

photography and videography due to their smaller footprint, reduced noise, ease of operation, 

cheaper equipment, and smaller environmental impact. 

Grant Piering is petitioning for exemption to enable him to operate a DJI Phantom 3 

Professional equipped with a 3-axis gimbal and 4K camera. This UAS has the capability to have 

its max height above ground limited, radius of the distance it flies from the operator limited, as 

well as excluding it from Class B, C, and D airspace including a no-fly zone feature. The 

Phantom 3 also has an autopilot system which allows it to safely return to the designated home 

point, should it lose communication with the transmitter at any time provided adequate GPS 

signal. 

Safety and Benefits of the UAS 

Grant Piering will be using the UAS in a variety of applications that generally rely on expensive 

full-size manned aircraft to complete. Small, lightweight, unmanned aerial vehicles offer a 

plethora of benefits over the use of full-sized manned aircraft for real estate photography, oil/gas 

pipeline inspection, as well as film and photography used to support community awareness, just 

to name a few. Replacing these significantly larger manned aircraft carrying crew and 

flammable fuel with small UAS carrying no passengers or crew creates a much greater margin 

of safety for the pilots and crew. By granting Grant Piering's requested exemptions, the FAA will 

help drive the development of safe and successful commercial UAS operations, and will 

advance the public knowledge base for such operations. Grant Piering is committed to 

promoting the UAS research efforts of policy makers by sharing data from its commercial UAS 

operations and serving as a resource for future UAS research operations. This, the FAA has 

good cause to grant this petition. 

The above specifications meet the Model Aircraft Operating 

Standards as set below: 

• Grant Piering will only operate the UAS in line of sight of and/or in sight of an observer, 

and will operate at sites that are sufficient distance from populated areas within the 

sterile area described in the Flight Operations Policy Manuals (FOPM). These 

operations will ensure that the UAS will "not create a hazard to users of the national 

airspace system or the public." 

• When flying UAS within 5 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full-scale aircraft. 

• Maximum flight time for each operational flight will be 20 minutes. 

• Flights will be terminated at 30% battery power reserve should that occur prior to the 20 

minute limit. 

• The UAS will be programmed via the included DJI GO app so that it will not be able to 

reach an altitude of more than 400 AGL, and not more than 200 feet above an elevated 

platform from which filming is planned. 

• The UAS operated by the petitioner weighs far less than 55 pounds, including the 

payload (i.e. camera, flight battery, and gimbal). 

• The UAS will not operate at speeds of more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally. 

• The UAS operations will strictly adhere to the Reform Act's safety requirements. 
The UA, powered by rechargeable batteries, is smaller, lighter and more maneuverable than 

larger aircraft running on combustible fuel. It also operates at lower altitudes with no people on 

board and will therefore reduce current risk levels, enhance safety, and reduce the likelihood of 

death or injury. With a small payload and a maximum flight time of 20 minutes, this presents no 

threat to national security. 

Low altitude photos and video from different angles are far more effective than ground based 

imagery for displaying the characteristics of large properties, as well as geographical landmarks 

and features. This method of imaging is far less expensive than using a full sized helicopter, as 

was necessary in the past. The benefits of reduced cost and improved quality of presentation 

from the UA will be valuable to and benefit many buyers and sellers of real estate property. 

Additionally, a request is being made to allow this UAS to be used for surveying, as well as for 

educational and informational purposes, all while adhering to limitations cited in this application. 

(a) No flight will be made with a weight exceeding 55 pounds; 

(b) Operations will occur in FAA Class G airspace at no more than 400ft AGL, at an 

airspeed of no more than 30 knots and within visual line of sight from the PIC; 

(c) Operations occurring within Class B airspace will require coordination and approval from 

the FAA Flight Standards District Office having jurisdiction, and upon request with Air 

Traffic Control one hour prior to operations commencing (114 C.F.R. §91.21S(d}(3)). 

(d) All flights will utilize a visual observer (VO). The VO and PIC will be able to communicate 

by voice at all times during a flight; 

(e) Flights over private property will only be conducted with prior permission from the 

property owner; 

(f) All permits will be obtained from state and local governments prior to operation; 

(g) No flights will be conducted directly over densely populated areas 

(h) No operations will be conducted directly over heavily trafficked roads 

(i) No operations will be conducted within 5NM of an airport or heliport without prior 

permission. 

Grant Piering respectfully requests an exemption under Section 333 from the regulations 

stated below, as well as any additional regulations that may technically apply to the 

operation of the UAS system to enable operation of efficient, low-risk commercial UAS 

flights for the activities listed above, respecting at all times the space and privacy of citizens 

and property while keeping our skies safe. 

Sincerely 

Grant Piering 
The regulations from which the exemption is requested are as follows: 

14 C.F.R. Part 21; 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113 (a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.103 (b) 

14 C.F.R. 91 .109 (a) 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91 .151 (a) 

14 C.F.R. 91.203 (a) and (b) 

14 C.F.R. 91.405 (a) 

14 C.F .R. 91.407 (a) (1) 

14 C.F.R. 91.409 (a) (2) 

14 C.F.R. 91.417 (a) and (b) 

Part 21 prescribes, in pertinence, the procedural requirements for issuing airworthiness 

certificates and airworthiness approvals. 

While the FAA continues to work to develop airworthiness standards for UASs, Grant Piering 

requests and experimental certificate be issued for the DJI Phantom # Professional under either 

or both of the following provisions: 

(a) Research and development - Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new operating techniques, or new uses for aircraft. 

(b) Showing Compliance with regulations- Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance 

for issuance of type and supplemental type certificates, flights to substantiate major 

design changes, and flights to show compliance with the function and reliability 

requirements of the regulations. Since the experimental certificate can be used for 

commercial purposes such as market surveys, sales demonstrations, and customer 

crew training, it is assumed that an experimental certificate would permit this commercial 

purpose as well. Due to the aircraft characteristics, flight capabilities, and operational 

requirements, it is proposed that the UAS will be at least as safe, if not safer, than a 
conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, it shall be requested here 

for an exemption of 14 C.F.R. Part 21, Subpart H, and the requirement for an 

airworthiness certificate in general, citing the equivalent level of safety outlined in this 

document. 

Section 45.23 (b) prescribes that when marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light sport category aircraft of 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches and no 

more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. 

Because of the size of the aircraft_ we propose to install the "N" on the fuselage but do not 

think there is adequate space to also place any of the categories mentioned. 

Section 61 .113 (a) and (b) prescribes that-

(a) 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. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

(1) The flight is only indidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Since we will not be carrying any passengers or property for compensation we feel a private 

pilot can carry out the responsibilities of the PIC. 

Section 91.7 (a) prescribes that No person may operate a civil aircraft unless it is in an 

airworthy condition. 

An exemption is requested to 91.7 (a) because the VAS does not have to receive an airworthy 

condition by the FAA 

Section 91.103 (b) prescribes that a pilot shall, for any flight, become familiar with runway 

lengths at airports of intended use, and takeoff and landing distance information. 

The Phantom 3 Professional does not use any runway for takeoff and the Phantom 3 will 

remain clear of all ramps, taxiways, airspace and runways associated with any airport. 

Section 91 .109 (a) prescribes, in pertinence, that no person may operate a civil aircraft (except 

a manned free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls 

The Phantom 3 does not have dual flight controls and all instruction is via the one controller. 

We therefore request an exemption from this requirement 
Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. 

The Phantom 3 will not be operated near any power lines, light posts or any powered 

obstacle. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft 

The Phantom 3 will not be operated over any congested areas. 

(c) Over other than congested areas. An attitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. 

Because of the small size of the Phantom 3 and the fact that there is no fuel an board, we 

feel that it presents no risk in flying less than 500 feet from any person, vessel, vehicle, or 

structure. It will be certain_ however_ that this UAS does not present any hazard to persons 

or property on the surface or in any area surrounding the UAS. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface-

(1) A helicopter may be operated 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; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section. 

Section 91.121 requires, in pertinence, each person operating an 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" 

The Phantom 3 does not hove a barometric altimeter, but uses GPS signals to compute 

altitude. The altitude is automatically set to zero at the takeoff point, and altitude above 

ground level will be monitorred at all times via the OJ/ GO App. 

Section 91.151 (a) prescribes that no person may begin 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. 

Since the Phantom 3 does not corry fuel but uses battery power, the following is requested. 

The battery percentage can be monitored in real time during flight from the OJ/ GO opp, and 

alarms will sound when the flight battery reaches 30% power. This will be used as the initial 

time to return for a safe landing. Most flights will not exceed 10 minutes in flight_ and since 

the battery has a normal23 minute flight life, this 30% foetor will provide adequate return 

time. Winds will always be a factor in determining adequate return time. 
Section 91.203 (a) prohibits, in pertinence, any person from operating a civil aircraft unless it 

has within it (1) an appropriate and current airworthiness certificate; and (2) An effective U.S. 

registration certificate issued to its owner or, for operation within the United States, the second 

copy of the Aircraft registration Application as provided for in §47.31 

An exemption is requested for this requirement since the Phantom 3 does not require an 

airworthiness certificate. 

Section 91.203 (b) prescribes, in pertinence, that no person may operate a civil aircraft unless 

the airworthiness certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91. 715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. 

Since there is no requirement for an airworthiness certificate, this would not be appropriate. 

In addition, there is no place to display such a certificate due to the size of the aircraft. 

Section 91.405 (a) requires, in pertinence, that each owner or operator of an aircraft 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. 

There is no approved maintenance program for the Phantom 3, but we will ensure that it 

goes through thorough inspection in accordance to all OJ! paperwork provided with the 

Phantom 3. 

Section 91.407 {a) {1) prohibits, in pertinence, any person may operate any aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under §43. 7 of this chapter. 

After any maintenance that requires a change of motor or propeller, the aircraft will 

undergo a test flight by the PIC in an unpopulated area to unsure the aircraft is operating 

safely. 

Section 91 .409 {a) {2) prescribes, in pertinence, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

After any maintenance that requires a change of motor or propeller, the aircraft will 

undergo a test flight by the PIC in an unpopulated area to unsure the aircraft is operating 

safely. 

Section 91.417 {a) and {b) prescribes, in pertinence, that-

(a) Each registered owner or operator shall keep the following records for the periods specified 

in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include-

(i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and 

(ii) The date of completion of the work performed; and 
(iii) The signature, and certificate number of the person approving the aircraft for return to 

service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and revision date. If the 

AD or safety directive involves recurring action, the time and date when the next action is 

required. 

(vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a) (2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to service. 

An aircraft logbook shall be maintained that will reflect all flight time on the UAS, and any 

maintenance performed. There are no lifetime parts on the Phantom 3, and no system of 

AD. If the manufacturer {011} releases information that there is a discrepancy, the issue will 

be rectified prior to the next flight if it relates to safety. 

§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service 

Grant Piering provides the following supporting documentation including: 1) Supplemental 

Response for Petition, 2) PHANTOM Flying Flowchart V1.0 (Simplified Version), Phantom 3 

Professional Quick Start Guide V1.2, 3) Phantom 3 Professional User Manual