25 August 2015 

David G. Iadevaia DBA Airborne Precision Imaging (API) 

5700 N Avenida Silencioso 

Tucson, AZ 85750 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Petition for Exemption Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 

91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a)(1) and 

(2); 14 CFR 91.417(a) and (b) 

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

Part 11, Airborne Precision Imaging (Petitioner) (API) hereby applies for an exemption from the listed 

Federal Aviation Regulations (FAR) to allow commercial operation of a designated unmanned aerial 

system (UAS), provided such operations are conducted within the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

API seeks the requested exemptions to permit it to offer aerial data collection services in the fields of 

remote sensing, aerial imaging, aerial mapping and scientific survey.

As described in the following pages, the requested exemption would permit the operation of a designated 

UAS as set forth in this document under controlled conditions in the National Airspace System (NAS) 

that would be operated safely. Approval of this exemption would provide services that would reduce the 

risk associated with manned solutions, in both flight and other methods of completion of the proposed 

services. 

The name and address of the Petitioner is as follows: 

David G. Iadevaia 

Airbourne Precision Imaging (API) 

5700 N Avenida Silencioso 

Tucson, AZ 85750 

520-577-3783 

Pilot Cert #2868117

E-mail: apiaz123@yahoo.com 

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Unmanned Aerial System Description 

Airborne Precision Imaging will employ the DJI Innovations Phantom 3 Professional (P3Pro) for data 

collection operations. This system is manufactured by DJI Innovations (DJI), has been extensively tested and 

has a proven safe flight history. The system includes a frame with 4 motors, a DJI flight controller, a DJI 

OSD (onscreen telemetry display). A variety of small cameras, radio telemetry receivers, and other 

sensors can be attached to the platform to accomplish the desired objectives. The P3Pro is flown by the 

pilot-in-command (PIC) using a radio control system. The platform has a sophisticated flight control 

system that enables the PIC to locate the unmanned aircraft (UA) on a moving map as a part of a ground 

control system in addition to being continually in visual line-of-sight and has safety systems to warn and 

manage low battery-voltage situations. The P3Pro can be flown manually by the PIC or fly a pre-planned 

route using the ground control system. The P3Pro will be flown under a comprehensive set of 

operational standard procedures focused on the safe operation of the platform to minimize risk. The 

P3Pro has a LED lighting system to communicate key elements of operational status at all times, in 

addition to the on-screen display showing flight parameters relevant to the safe operation of the UA. 

This UA has a maximum take-off weight of 2.8pounds. The UA flight speed will not exceed 30 knots, 

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 way that they can be safely terminated with a reserve battery power of 30% maximum 

charge. 

The P3Pro does not carry any flammable propellant or fuel. 

Command, control, and telemetry communications for the P3Pro occur on the 2.4 gHz frequency band. The 

communications link is frequency hopping, spread spectrum which greatly reduces the potential for 

interference. The specific radio frequency devices used by the P3Pro have been tested and found to comply 

with the limits for a Class B digital device, pursuant to Part 15 of the Federal Communications Commission. 

The P3Pro programming is such that, if a lost communication link occurs the UA will return to its starting 

point and automatically land with no user interaction necessary. 

Granting an Exemption Would Serve the Public Interest 

In the absence of a UAS, many of the proposed activities would have to be carried out by a helicopter, fixed 

wing aircraft, a bucket truck, or a lineman climbing a tower. All of these conventional methods involve a 

risk to human lives and property that is clearly higher than risks to human lives and property posed by the 

utilization of UAS. 

UAS utilization in accordance with the typical terms of an exemption grant does not require the 

interaction of Air Traffic Control (ATC). Where such use replaces manned aircraft, a net reduction in ATC 

burden is realized. 

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The DJI P3Pro is battery powered and therefore creates no noxious emissions hazardous to the 

environment. Further, as a battery powered vehicle the noise levels are substantially lower than any 

internal combustion engine driven aircraft. 

Survey, mapping, and aerial data collection techniques utilizing UAS technology is 

substantially more cost effective than the conventional methods to accomplish these tasks. Cost savings 

by UAS utilization have the potential to find their way to ratepayers thereby reducing energy costs to the 

consumer. 

OPERATIONAL LIMITATIONS TO ACHIEVE AN EQUIVALENT LEVEL OF 

SAFETY 

API proposes the following operational limitations to achieve an equivalent or higher level of safety than 

under the current regulatory structure, particularly in comparison to the use of manned aircraft. 

1. All operations will be carried out with strict adherence to the operating procedures outlined in the 

Pilot s Operating Handbook (POH) contained in the manufacturer s user manual (Attachment A) 

The POH includes the following: 

a. General description, specifications, and warnings 

b. Limitations 

c. Emergency Procedures 

d. Normal Procedures 

e. Performance 

f. Weight and Balance/Equipment List

g. Air Vehicle and Systems Description

h. Handling, Service, and Maintenance

i. Supplements

2. The UA will weigh less than 2.8lbs.

3. The UA, will operate at a true airspeed maximum (VNE) of 15 m/s (approximately 30 knots)

which is within manufacturer specifications.

4. Minimum crew for each operation will consist of the UA Designated Pilot in Command (PIC) 

and at least one Visual Observer (VO). The PIC and VO will be able to communicate verbally at 

all times during the flight and will not exchange roles during the flight. Electronic messaging or 

texting is not permitted during flight operations. The PIC will ensure that the VO can perform the 

required duties of the VO. 

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5. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate and a current FAA airman medical certificate or a valid U.S. driver s license issued by 

a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. The PIC will also meet the flight review requirements specified in 14 CFR ß61.56 

in an aircraft in which the PIC is rated on his or her pilot certificate. 

6. Flights will be operated within visual line of sight (VLOS) of the PIC and VO at all times. API

understands that definition of VLOS is human vision unaided by any device other than corrective

lenses.

7. The primary responsibility of the VO will be to enhance the safety of flight operations by verbally 

communicating potentially unsafe observations to the PIC. Such conditions may include, but are 

not limited to, conflicting aircraft, hazardous terrain, features, or weather, UA approaching VLOS 

limits or altitude limits, assisting the PIC in monitoring battery voltage, and advising the PIC if 

non-participating personnel move within a potential danger zone. VO s will be familiar with the 

UAS normal and emergency procedures and aircraft limitations in sufficient detail as to provide 

the PIC with recommended corrective actions. 

8. Maximum flight time for each operational flight will be approximately 20 minutes. The actual 

flight time will depend on a variety of variables including wind conditions, sensor payload, 

mission requirements, and the choice of battery capacity. All flights will be conducted under a 

strict battery management regime that alerts the operator to end flight at a pre-determined battery 

capacity. If the PIC exceeds this limit, the P3Pro will autonomously return to the departure point 

and land upon reaching the first critical battery level (first alert) and will land immediately upon 

reading the second critical battery level (second alert). 

9. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL). 

10. All operating documents will be accessible to the PIC at the ground control station during UAS 

operations. Operating documents will include the current POH and a copy of the FAA s 

Exemption, if granted. If a discrepancy exists between the various operating documents, the 

FAA s Exemption, the Exemption will take precedence. The POH will be updated as necessary. 

Such updates will be tracked. 

11. A safety briefing will be performed prior to each day’s flights consisting of all the day’s flight 

operations. All parties involved in the flight operations will participate in the safety briefing. 

12. The PIC will conduct a pre-flight inspection for the UAS. The pre-flight inspection will account 

for all systems to insure that the UAS is in a condition for a safe flight. As a minimum, the preflight inspection will follow the checklist procedures in the POH. If the pre-flight inspection 

reveals a condition that may affect the safe operation of the UAS, the aircraft will not be operated 

until necessary maintenance has been completed. 

13. In the event of an emergency or other unpredicted obstacle to the completion of a flight, the PIC 

will abort the flight in the safest manner possible. 

14. API will not permit a PIC to operate the UAS unless the PIC demonstrates the ability to safely 

operate the UAS safely and competently within the framework of the measures outlined herein 

and the POH. This will include normal and emergency procedures and maintaining appropriate 

distances from persons, vessels, vehicles and structures. PIC qualification flight hours and 

currency will be logged in a manner consistent with 14 CFR ß61.51(b). 

15. The PIC and VO will have been trained in operation of UAS and receive current information 

regarding operation of the UA. 

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16. PIC and VO training and evaluation flights will only be conducted during dedicated training 

sessions. During such sessions, the PIC will operate the UA a manner consistent with 14 CFR 

ß91.119 by maintaining the prescribed distance from non-participants. 

17. All DJI P3Pro aircraft utilized as a part of this request will be registered and subsequently 

assigned a serial number in accordance with 14 CFR part 47 and display identification markings 

in accordance with 14 CFR part 45, subpart C. N-number markings will be as large as practicable. 

18. API will conduct routine inspections of the UA to ensure that it is in condition for safe operation. 

As a minimum, inspections will be conducted as per the POH and as per manufacturer 

recommendations. Additional inspections will be completed as deemed necessary. API will 

comply with all safety bulletins issued by the manufacturer. 

19. API will conduct maintenance on the UA as necessary. Maintenance procedures will follow 

manufacturer s recommendations regarding replacement, overhaul, and life limited components. 

20. After maintenance or alterations that affect the operational or flight characteristics of the UA, a 

test flight will be conducted to determine that the UA is properly functioning prior to resuming 

commercial operations. Flight tests will be conducted by a PIC and a VO and will remain at least 

500 feet from other non-participants. Further, the flight test will be conducted in a manner so as 

not to pose an undue hazard to persons and property. 

21. API will also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic 

Organization (ATO) prior to conducting operations within the NAS. 

22. No UA flights will be conducted at night and all flights will occur under Visual Meteorological 

Conditions (VMC). The UA will not be operated less than 2,000 feet horizontally from a cloud or 

when the visibility is less than 3 statute miles from the PIC. 

23. The PIC will ensure that the UA remains clear of and gives right-of-way to all manned aviation 

operations. 

24. The PIC will not operate the UA from a moving device or vehicle. 

25. The UA will not be operated within 5 nautical miles of an airport reference point (ARP) unless a 

letter of agreement with that airport s management is obtained or it is otherwise permitted by a 

COA issued to API . 

26. The UA will be operated in a manner that maintains at least a 500 foot clearance from all nonparticipating persons, vessels, vehicles and structures except in the case of the following 

conditions: 

a. Barriers are present to protect non-participating persons in the event of an accident. API 

will ensure that non-participating persons utilize these protective barriers. If a nonparticipating person leaves a barrier and is within 500 feet of the UA, flight operations 

will be terminated in a manner that ensures the safety of non-participating persons. 

b. The owner or controller of any vessels, vehicles, or structures has granted permission to 

operate closer than 500 feet to those obstacles and the PIC has completed a safety 

assessment of the proposed operation and determined that the operation could be 

completed safely. 

27. Flight operations will only be conducted over property where the permission is granted by the 

property owner or otherwise authorized representative. 

28. The P3Pro UAS automatically determines its failsafe return-to-home position upon liftoff. If the 

UAS loses communications with the remote controller, it will return to a liftoff location and land 

autonomously. 

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29. API will report any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA to the FAA's UAS 

Integration Office (AFS−80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB). 

SPECIFIC EXEMPTIONS REQUESTED 

In pursuit of this petition the following exemptions are requested: 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR ß91.203 (a) (1). 

Given the size and limited operating area associated with the aircraft to be utilized by API , 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 U.S.C.ß44701 (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 UAS. In all cases, an analysis of these criteria demonstrates that the UAS 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 (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by the operator. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. 

Lastly, there is no credible threat to national security posed by the UAS, due to its size, speed of 

operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is required by ß21.5 of this chapter, unless there is available in the 

aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. 

The UAS, given its size and configuration has no ability or place to carry such a 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 flight manual at the 

ground control point where the PIC will have immediate access to it. 

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

These actions include the following: 

a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, 

fuel requirements, alternatives available if the planned flight cannot be completed, and any 

known traffic delays of which the pilot in command has been advised by ATC; 

b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing 

distance information: 

1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing 

takeoff and landing distance data is required, the takeoff and landing distance data contained 

therein; and 

2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable 

information appropriate to the aircraft, relating to aircraft performance under expected values 

of airport elevation and runway slope, aircraft gross weight, and wind and temperature. 

As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be 

needed. The PIC will take all actions as stated in the POH under Normal Procedures including but not 

limited to reviewing weather, flight battery requirements, and aircraft performance data before initiation of 

flight. 

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 that aircraft has fully functioning dual controls. 

UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight 

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

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

carried in the UA and by the small size, weight, and generally slow speed of the UA. 

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 request is for a UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL an exemption may be needed to allow such operations. As set forth herein, the 

UA will never operate at higher than 400 AGL It will only be operated in a controlled environment, 

where structures, vessels, vehicles, and non-participating people will not be exposed to operations. 

The equivalent level of safety will be achieved given the small size, low weight, and slow speed of the 

UAS as well as the controlled environment where it is operated. No flight will be initiated without the 

permission of the property owner or authorized representative. Unlike conventional aircraft, the UA 

requires no flammable fuel, a safety enhancement at low altitude. Further, since the UA will be operated 

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at 400 AGL or less, it will maintain separation from manned aircraft that are required to comply with 

Section 91.119. 

This regulation requires each person operating an aircraft below 18,000 feet MSL to maintain cruising 

altitude by reference to an altimeter that is set to a particular barometric pressure (altimeter setting) or the 

elevation of the departure airport. 

Manned aircraft have an altimeter that displays altitude in MSL. The intent of this regulation is to ensure 

that all aircraft in an area are displaying the same altitude when they at the same true altitude MSL. In this 

way aircraft can maintain vertical separation in cruise flight as per ß91.159 for VFR flights and as per 

ß91.179 for IFR flights. Further it ensures that aircraft assigned a particular altitude by ATC or as per 

published altitude requirements such as traffic pattern altitudes will have the ability to accurately 

determine that altitude. 

Conversely, the P3Pro automatically sets its zero altitude based on the departure site. Thus, all altitude 

readings displayed on the Ground Control Station are in AGL from the departure site. In order comply with 

the limitations specified herein to maintain an altitude below 400 feet AGL, it is appropriate for the altimeter 

to display in AGL instead of MSL thereby maintaining separation from manned aircraft and achieving an 

equivalent level of safety. 

Section 91.151 specifies fuel reserve minimums for airplanes and helicopters. Specifically, 91.51 (b) 

states that 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. 

Since the UA is battery powered and lacks a combustion engine, there is no conventional fuel 

consumption. Further, the flight times for theP3Pro are considerably shorter (maximum of 20 minutes) than 

combustion engine powered manned aircraft. An equivalent level of safety will be achieved by landing 

the aircraft when the battery power, as monitored at the ground control station, reaches 30% of the capacity 

of a fully charged battery. A further safety feature is that the P3Pro will automatically return to its departure 

point with no PIC interaction required if the battery voltage falls below 20% of the capacity of a fully 

charged battery. 

The regulation provides in pertinent part: 

a. Except as provided in ß91.715, no person may operate a civil aircraft unless it has within 

it the following: 

1) An appropriate and current airworthiness certificate. . . 

2) An effective U.S. registration certificate issued to its owner or, for operation 

within the United States, the second duplicate copy (pink) of the Aircraft 

Registration Application as provided for in ß47.31(b), or a registration 

certificate issued under the laws of a foreign country. 

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b. 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 ß91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

As previously discussed, an exemption is sought regarding the requirement to acquire an airworthiness 

certificate. Further, the UAS fully loaded weighs 2.8 pounds and is operated without an onboard pilot. As 

such, there is no ability or place to carry a registration certificate or to display it on the UAS. An 

equivalent level of safety will be achieved by keeping the registration certificate at the ground control point 

where the PIC will have immediate access to it. 

These regulations cover maintenance, preventative maintenance, and aircraft alterations. In summary for 

VFR aircraft, and not including all exceptions, it requires the following:

1. Annual inspections or 100-hour inspections (for commercial operations) with approval for return 

to service by a person authorized by ß43.7. 

2. A test flight by an appropriately rated pilot after repairs or alterations that may have appreciably 

changed the aircraft s flight characteristics have been made 

3. Logging of all maintenance performed according to particular standards 

These sections, collectively part of Subpart E, and Part 43 only apply to aircraft with an airworthiness 

certificate. As previously discussed, an exemption is sought regarding the requirement to acquire an 

airworthiness certificate. However, an equivalent level of safety will be achieved by implementing the 

concepts of these sections as follows: 

1. Inspections will be performed at intervals recommended by the POH and the manufacturer. 

2. A test flight will be performed after any maintenance or alteration is performed that may affect 

the UA s flight characteristics. The test flight will be performed prior to return to commercial 

service by an appropriately rated and experienced PIC. 

3. All maintenance will be logged. 

CLOSING 

Airborne Precision Imaging appreciates the opportunity to submit this petition for exemption to the 

Federal Aviation Administration. I have endeavored to provide the appropriate information required based 

on guidance from the FAA s website. If there are any questions or I can provide further information, 

please contact me. 

David G. Iadevaia 

Owner, Airborne Precision Imaging 

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Appendix A

Owner Manual

Containing Pilot Operating Handbook

for

DJI Phantom 3 Professional UAS