Matthew Jensen

39558 Hwy 92

Crawford, CO 81415

August 2, 2015

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, the following is a petition 

for an exemption, allowing operation of an Unmanned Aircraft System (UAS) in the National Airspace 

System (NAS). Specifically, I request exemption from the following regulations:

• 14 C.F.R. Part 21, Subpart H

• 14 C.F.R. Part 27 

• 14 C.F.R. Part 45

• 14 C.F.R. § 61.113

• 14 C.F.R. § 91.105

• 14 C.F.R. § 91.109

• 14 C.F.R. § 91.119

• 14 C.F.R. § 91.121

• 14 C.F.R. § 91.151

• 14 C.F.R. § 91.405

• 14 C.F.R. § 91.407

• 14 C.F.R. § 91.409

• 14 C.F.R. § 91.417

Intended UAS Operations

The UAS will be used for 

• Aerial photography and videography for real estate marketing. 

• Agricultural inspection to include searching for lost livestock, inspecting irrigation systems, and 

inspecting crops.

The uses above are in the public interest. The use of the UAS for real estate marketing will allow for 

more properties to be viewed at a lower cost. Searching for lost livestock will save significant amounts 

of time riding on horseback. Finally, inspection of irrigation systems and crop fields will remove the 

need for transportation.

UAS Description

The UAS to be used under the proposed exemption is a Phantom 3 Advanced, manufactured by DJI. 

This quadcopter has a weight of 1280 g (2.82 lbs) (with battery) and a diagonal size of 590 mm (23 in). 

It has a maximum speed of 16 m/s (36 mph) with no wind. The maximum battery life allows for 

approximately 23 minutes of operation. The Phantom 3 Advanced operates in the 2.400 GHz-2.483 

GHz frequency range. 

The Phantom 3 Advanced includes a GPS receiver, which allows the UAS to “Auto-Return Home,” 
whereby the UAS will return to the take-off spot when directed or when the battery is running low. 

The Phantom 3 Advanced also has visual and acoustic sensors, that allow it to identify its position and 

move accurately.

Exemptions

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

Given the size, weight, performance limitations, and proposed operating conditions listed below, it is 

argued that the UAS does not create a hazard to the users of the NAS or national security. For this 

reason, it is further argued that an airworthiness certificate does not need to be issued as required per 14 

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

14 C.F.R. Part 27

The UAS does not meet the performance requirements of 14 C.F.R. Part 27. Again, it is argued that 

failure to meet these requirements does not create a hazard due to nature of the UAS and operations 

planned.

14 C.F.R. Part 45

The size of the UAS does not allow for the markings required by 14 C.F.R. Part 45.

14 C.F.R. § 61.113

Despite 14 C.F.R. § 61.113, it is requested that a private pilot use the UAS for commercial purposes. 

14 C.F.R. § 91.105

The crewmember station criteria of 14 C.F.R. § 91.105 does not apply, as crewmembers are not in the 

UAS.

14 C.F.R. § 91.109

The flight controls required by 14 C.F.R. § 91.109 are not met by the proposed UAS.

14 C.F.R. § 91.119

It is argued that the minimum altitudes of 14 C.F.R. § 91.119 due not apply due to the nature of the 

UAS.
14 C.F.R. § 91.121

The UAS does not have an altimeter as required by 14 C.F.R. § 91.121. However, the Phantom 3 

Advanced does have visual and acoustic sensors that allow it to determine its elevation. Also, it is 

argued that the proposed operations listed below allow for safe operation of the UAS without an 

altimeter.

14 C.F.R. § 91.151

The maximum battery life of approximately 23 minutes does not allow for the VFR minimum fuel 

requirements of 14 C.F.R. § 91.151.

14 C.F.R. § 91.405, § 91.407, § 91.409, and § 91.417

As described below, it is proposed that preflight inspections and test flights be conducted to ensure that 

the UAS is in proper operating condition.

Proposed UAS Operations

In leu of the regulations sited above, the UAS is to be operated per the following:

Operations will be conducted within the United States.

The pilot-in-command (PIC) will hold a Private Pilot certificate.

The UAS will be operated within the visual line of sight (VLOS). An observer shall accompany the 

PIC.

The UAS will not operate at a ground speed exceeding 87 knots.

The UAS will maintain a distance of greater than 500 feet from nonparticipating persons, vehicles, 

structures, or vessels.

The UAS will not operate at an altitude higher than 400 ft above ground level.

The UAS will be inspected prior to flight to ensure safe operation. A flight test will accompany any 

major maintenance performed on the UAS. Maintenance of the UAS will be per the Phantom 3 

Advanced Operator's Manual.

Operations will not be conducted within 5 nautical miles of an airport, unless a letter of agreement is 

obtained from the airport's management.

All operations will be conducted over private or controlled-access property with permission from the 

owner/controller or their representative. 
The PIC will abort the flight in the event of unpredicted obstacles, emergencies, or inclement weather.

Operations will not be conducted at night.

Summary

By following the operations listed above, the requested exemptions for the proposed UAS do not create 

a hazard to the users of the NAS or national security.

I thank you for you consideration.

Best Regards,

Matthew Jensen