Peter W. Bennett

530 Prospect Avenue 

Ste. #3 

Little Silver, NJ 07739 

(732) 245-9817

njinfrared@gmail.com

Date: October 6, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Peter W. Bennett for Exemption Pursuant to Section 333 of the FAA Reform Act.

 

Attn: To whom it may concern

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

and 14 C.F.R. Part 11, Peter W. Bennett, owner and operator of Small Unmanned Aircraft Systems 

(“sUAS”) equipped to conduct aerial data collection, aerial inspections, aerial surveys and photography 

& videography and monitoring, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of sUAS, so long as such operations are conducted 

under the conditions outlined by the FAA as required by Section 333.1

The proposed exemption, if granted, would allow Peter W. Bennett to conduct commercial operations 

of small unmanned aircraft systems (“sUAS”) meeting or exceeding all of the operational and safety 

requirements Congress has set forth in Section 333. Statutory Authority Section 333, titled “Special 

Rules for Certain Unmanned Aircraft Systems” provides a mechanism for seeking expedited FAA 

authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine 

if certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the 

guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 

333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner 

meets all requirements to permit FAA approval of commercial UAS operations.

We have closely reviewed the FAA’s existing exemption grants under section 333, and submit this

request as being materially similar to Exemptions 11430, 11365, 11409, 11209, 11111 among others. 

We are fully prepared and willing to operate under (and abide by) the exemptions already granted and 

the conditions required in Exemptions 11430 and 11365. The detailed request below is provided to 

further demonstrate our understanding of the rationale for the FAR exemption requests and associated 

decisions by the FAA, as well as provide a basis for establishing our need for the same.

We hope the FAA determines that good cause exists for not requiring publishing petition summary in 

the Federal Register as this request does not set a precedent and parallels existing grant authorizations.

Regards,

Peter W. Bennett
The Petitioner Requests Relief From the following regulations:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.405

14 C.F.R. 91.407

14 C.F.R. 91.409

14 C.F.R. 91.417

Peter W. Bennett is petitioning for exemption to enable Peter W. Bennett to operate; [DJi Phantom 2

(approved grant #11934)] [DJi Phantom 3 (approved grant #13052)], [DJi Inspire 1 (approved grant 

#13055)] each weighing less than 10 Lbs. and utilizing flight controllers known and familiar to the FAA –

and having the required safety features; GPS, loss of signal RTL, GEO fence, low battery RTL, real-time 

telemetry, OSD, etc. See below.

The sUASs will be equipped with cameras or imagers, stabilizing gimbals and OSD (on screen displays) 

providing the PIC with GPS strength, altitude, airspeed, battery life and direction. Our UAS flight 

controllers utilize GEO fence to limit the altitude above the ground and limit the radius of the distance it 

flies from the PIC. Our UASs have GPS guided failsafe functions allowing the autopilot system to fly back

to the launch site autonomously. If the transmitter is disconnected the system will automatically trigger 

return to home and will land safely.

Peter W. Bennett owns and operates two Inspection Services companies specializing in residential, 

commercial, industrial surveys and inspections of structures and capital equipment. 

Certified inspectors (like Peter W. Bennett) have long worked under industry standard operating 

procedures including ASNT, ASTM and Infraspection Institute. Peter W. Bennett is a native US Citizen.

Our commercial activities would include:

• Aerial survey / mapping

 Aerial Infrared surveys of physical plant, assets, infrastructure, solar panels, structures, construction

 Aerial photo & video surveys of physical plant, assets, infrastructure, solar panels, structures

• Real Estate & marketing promotion (non-closed set)

• Aerial videography and photography

• Agricultural surveys

• Research and environmental monitoring

 Aerial Data Collection
FCC INFORMATION

Our transmitters used for controlling the sUAS comply with part 15 of the FCC

rules. Operation is subject to the following two conditions:

(1) This device may not cause harmful interference,

(2) This device must accept any interference received, including interference that may cause

undesired operation.

Our radio transmitters used for controlling the sUAS’ are wireless technology which has been tested and 

found to be compliant with the applicable regulations governing a radio transmitter in the 2.4GHz and

5.8GHz frequency range.

STANDARD OPERATING PROCEDURES (unless revised per FAA grant of exemption)

1. Operations authorized by this grant of exemption are limited to the specific UAS approved in 

the grant, when weighing less than 55 pounds including payload. Proposed operations

of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine

compliance with the 87 knot speed restriction. In no case will the UA be operated at

airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used

to satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The VO and PIC must be able to communicate verbally at all times;

electronic messaging or texting is not permitted during flight operations. The PIC

must be designated before the flight and cannot transfer his or her designation for the

duration of the flight. The PIC must ensure that the VO can perform the duties

required of the VO.

7. All documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in the grant of

exemption “operating documents.” The operating documents must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists between 

the conditions and limitations in this exemption and the procedures outlined in the operating 

documents, the conditions and limitations herein take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating

documents. The operator may update or revise its operating documents. It is the
operator’s responsibility to track such revisions and present updated and revised

documents to the Administrator or any law enforcement official upon request. The

operator must also present updated and revised documents if it petitions for extension

or amendment to this grant of exemption. If the operator determines that any update

or revision would affect the basis upon which the FAA granted this exemption, then 4

the operator must petition for an amendment to its grant of exemption. The FAA’s

UAS Integration Office (AFS−80) may be contacted if questions arise regarding

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation

or flight characteristics, e.g., replacement of a flight critical component, must undergo

a functional test flight prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the

UAS is in a condition for safe flight. The pre-flight inspection must account for all

potential discrepancies, e.g., inoperable components, items, or equipment. If the

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer

safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also hold 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 must also meet the flight review requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the

ability to safely operate the UAS in a manner consistent with how the UAS will be

operated under this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

(training, proficiency, and experience-building) and determining the PIC’s ability to

safely operate the UAS in a manner consistent with how the UAS will be operated

under this exemption are permitted under the terms of this exemption. However, 5

training operations may only be conducted during dedicated training sessions. During

training, proficiency, and experience-building flights, all persons not essential for

flight operations are considered nonparticipants, and the PIC must operate the UA
with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not

denoted with an ARP, the center of the airport symbol as denoted on the current

FAA-published aeronautical chart, unless a letter of agreement with that airport’s

management is obtained or otherwise permitted by a COA issued to the exemption

holder. The letter of agreement with the airport management must be made available

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough available power for the UA to conduct the

intended operation and to operate after that for at least 5 minutes or with the reserve

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

operations shall be conducted in accordance with an ATO-issued COA. The

exemption holder may apply for a new or amended COA if it intends to conduct

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 6

These documents must be made available to the Administrator or any law enforcement

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure

that nonparticipating persons remain under such protection. If a situation arises
where nonparticipating persons leave such protection and are within 500 feet of

the UA, flight operations must cease immediately in a manner ensuring the safety

of nonparticipating persons; and

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

for operating closer to those objects and the PIC has made a safety assessment of

the risk of operating closer to those objects and determined that it does not

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with

permission from the property owner/controller or authorized representative.

Permission from property owner/controller or authorized representative will be

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be

reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM)

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day

7 notification may be waived with the concurrence of the FSDO. The plan of activities

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners

and/or local officials to conduct the filming production event; the list of those

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city,

town, county, and/or state over which filming will be conducted and the altitudes

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons

consenting to be involved and necessary for the filming production, as specified in the

exemption holder’s MPTOM.
HOW THIS REQUIST IS TO THE BETTERMENT OF OUR COMMUNITY

Peter W. Bennett sUAS are powered by batteries, smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels associated with traditional aircraft, enhance safety and

diminish the likelihood of death or serious bodily injury. Also with a small payload and typical

flight time of only 10-25 minutes, there is little or no risk to national security.

Low level photos and video are far more effective than ground or high altitude manned aircraft

imagery for displaying detailed characteristics of ground based objects or elevations required for plant, 

asset and structural inspection with standard or infrared cameras. The applicant is aware of costs 

associated with full-sized helicopters or planes for parallel purpose, which is proven more costly than 

many potential clients have been able to afford. The benefits of reduced cost and improved quality of 

presentation from the UAS will be incredibly valuable to clients.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Peter W. Bennett requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAS System.

14 CFR Part 21, Airworthiness Certificates:

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for our UAS’s under either or both of the following

provisions: 21.191 Experimental certificates. Experimental certificates are issued for the

following purposes:

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

new aircraft installations, new aircraft 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, we would expect that an experimental

certificate would permit our commercial purpose as well. The aircraft will not carry persons or

property, will not carry fuel, and will only fly under strict operational requirements. Combined

with the UAS lightweight, being constructed primarily of carbon fiber and plastic in conjunction

with the ability to utilize emergency parachute systems. We propose 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, then we request an

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in

general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks:

These regulations provide that each aircraft must display "N" and the aircraft's registration

number in letters at least 3 inches high. Additionally, the aircraft must display the word

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station. The sUAS does not have an entrance in which the word "EXPERIMENTAL" can

be placed, and may not have a registration number assigned to it by the FAA. We

will display at the ground station a flag or banner that containing the words "Unmanned Aircraft Ground 

Station." Since the aircraft will operate within 3/4 NM of the ground station, the banner should be 

visible to anyone that observes the aircraft and chooses to investigate its point of origin. 
14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate:

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation

is inapplicable. 

91.119 Minimum safe altitudes:

The regulation states that over sparsely populated areas the aircraft cannot be operated closer

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS

would be inspect or survey persons, vessels, vehicles or structures it would be necessary

to operate closer than 500 feet to the items listed. The hazard to persons or property on the surface will 

be very limited. Therefore we maintain that due to the small size of the UAS, the hazard to persons, 

vehicles and structures is minimal compared to manned aircraft, which should be considered in granting 

the exemption. The exemption is not unlike 11062, 11136, and 11111 among othes.

CFR 91.121 Altimeter settings:

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL

and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An

Above Ground Level altimeter measurement above the takeoff point is transmitted via radio

from the sUAS on-board computer to the display screen held by the PIC, providing a constantly

updated AGL readout. The Pix4D flight controller can be configured to geo-fence the UAS

under the 400’ maximum altitude.

14 CFR 91.151 Fuel requirements for flight in VFR conditions:

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. The purpose of this is to provide an energy reserve as a safety buffer

for delays to landing. Since the aircraft will never fly more than 3/4 NM from the point of

intended landing, a full battery charge at launch will ensure that we meet the reserve energy

requirement of this paragraph. 30% minimum reserve for immediate landing.

14 CFR Subpart E (91.401- 91.417) -Maintenance, Preventive Maintenance, Alterations:

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409

require that the aircraft be "approved for return to service by a person authorized under 43.7"

after maintenance and inspection. It is our intention that the PIC perform maintenance and

inspection of the aircraft and "be authorized to approve the aircraft for return to service." The

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition

conduct detailed inspections after every five hours of flight. All maintenance will be performed

by the PIC in accordance with the manufactures manual. If required maintenance is beyond the

ability of the PIC the maintenance will be performed by the manufacturer or their designated

repair facility. The PIC will document work performed in accordance with 91.417. We feel that

due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level

of safety.

14 CFR 91.405(a), 407(a), 409(a) (1) & (2), 417(a) & (b)

Section 91.405(a) prescribes that: “(a) 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,”

Section 91.407(a) prescribes that: “(a) No person may operate any aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration unless – (1) It has been approved for 

return to service by a person authorized under 43.7 of this chapter; and (2) The maintenance record 

entry required by 43.9 or 43.11, as applicable, of this chapter has been made.”
Section 91.409(a) prescribes that: “(a) Except as provided in paragraph (c) of this section, no person 

may operate and aircraft unless, within the proceeding 12 calendar months, it has had – (1) An annual 

inspection in accordance with part 43 of this chapter and has been approved for return to service by a 

person authorized by 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter.”

Section 91.417(a) and (b) prescribe, in summary, that each registered owner and operator of an aircraft 

shall keep records of maintenance, alterations, service life, and inspections.

Since, if an exemption is granted, the SUAS in question will not carry an airworthiness certificate, and 

will not have established standards with which to determine it airworthiness, we request exemption 

from the above listed regulations.

Instead, the SUAS will be operated and maintained by the PIC per the manufacturers operating and 

maintenance manuals for inspecting, maintaining, and repairing the sUAS. Further, all flight operations 

will be recorded by way of an entry in the Log Book.

The exemption request is not unlike exemptions granted in 11136 and 11062, among others.

CONCLUSION

By granting Peter W. Bennett the requested exemptions, the FAA will help drive development of safe 

and successful commercial UAS operations and will advance the public knowledge base for such 

operations of UAS. Peter W. Bennett is committed to promoting the UAS research efforts of 

policymakers by sharing data from its commercial UAS operations and serving as a resource for future 

UAS research operations.

As pointed out in this application, all the sUASs which our company would use, under

authorization by the US DOT-FAA, are small, light-weight devices operated within the line of

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles

from any airport or location with aviation activities, unless the air traffic control authorities

(ATC) have been notified and have authorized each flight within a radius of this distance.

Peter W. Bennett seeks an exemption pursuant to 14 C.F.R. and Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of our UAS

commercially, without an airworthiness Certificate. 

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing 

Peter W. Bennett to safely, efficiently, and economically operate sUASs commercially within the NAS. 

Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform 

Act of 2012, Section 333, Peter W. Bennett respectfully requests that the Administrator grant this 

Petition for an exemption from the requirements of 14 C.F.R Sections.

Sincerely,

Peter W. Bennett

Attachments: operating manuals & safety check lists for the requested UAV’s.