August 19, 2015

Dustin Carlson

309 E Exchange St.

PO Box 373

Atkinson, IL. 61235

Email: dcarlson24@gmail.com

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE, Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

References: 

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 in the 

matter of the petition of DOUGLAS TRUDEAU 

2) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 in the 

matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matter 

of the petition of FLYING CAM INC 

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption 

under section 333 of the FAA Modernization and Reform Act of 2012, I Dustin 

Carlson, referred to hereafter as the petitioner, request exemption from the 

following sections of Title 14, Code of Federal Regulations.

61.113(a). 61.113(b). 91.119(c). 91.121. 91.151(a). 91.40S(a). 

91.407(a)(1). 91.409 (a)(1). 91.409(a)(2). 91.417(a) & (b). 

In order to operate small unmanned aircraft systems (UAS) commercially in 

airspace regulated by the Federal Aviation Administration (FAA) for the purposes 

of aerial photography, cinematography, videography, mapping, crop surveying, 

inspections and other flight operations that could be performed safely and more 

cost effectively with the use of small UAS at low altitude within the U.S. national 

airspace system as compared to a manned aircraft. Operations 

will be performed only at the request of and with the authorization and permission 

of clients or their authorized agents in order to facilitate commerce and raise 

awareness of the beneficial uses of small unmanned air systems. 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. The conditions 

identified and proposed by the petitioner are drawn from references 1-3.
The FARs:

The petitioner seeks exemption from the above mentioned FARs for the following 

reasons:

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of 

pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating 

under this exemption would be required to comply with any conditions as set 

forth and in a similar fashion to the previously granted exemptions.

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations 

conducted closer than 500 feet to the ground may require that the UA be 

operated closer than 500 feet to essential persons, or objects that would not be 

possible without additional relief. The petitioner requests modification, waiver or 

exemption and clarification concerning the terms “congested areas” and “densely 

populated”. The petitioner requests waiver for this condition to allow reasonable 

and responsible operations in areas of subdivisions and neighborhoods if 

required.91.121As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is 

inapplicable since the UAS does not have an altimeter and instead utilizes 

electronic GPS with a barometric sensor for altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION 

SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at 

less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 

10650. In addition, similar UAS-specific relief has been granted in Exemption 

Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides 

battery power remaining in percent to the PIC. The UA batteries provide 

approximately 25 minutes of powered flight. Information provided in the operating 

documents discusses procedures regarding remaining battery power 

management. Those documents contain a condition in which the PIC will initiate 

a landing procedure when battery remaining reaches a specified level. Given the 

limitations on proposed operations and the location of those proposed 

operations, The FAA found that a reduced minimum power reserve for flight in 

daytime VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b)

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner 

proposes to inspect and ensure that the UAS is in a condition for safe flight in 

accordance with the operating documents. The FAA found that adherence to the 

petitioner’s operating documents and the conditions and limitations specified, 

describing the requirements for maintenance, inspection, and record keeping, 

were sufficient to ensure that safety would not be adversely affected.
Risk mitigation:

The petitioner has reviewed FAA exemptions reference’s 1-3 Conditions and 

Limitations section and believes that the procedures specified therein are 

reasonable and will be utilized in order to manage and mitigate risk and ensure 

public safety. A preflight checklist has been developed and employed to ensure 

that the UA airworthiness will be verified before launch. Airworthiness will be 

maintained by performance of routine inspections before each flight, maintaining 

flight and maintenance logs to record time on failure-prone components.

The petitioner request that in a manner similar to reference 3, he be allowed to 

operate within 5 miles of an airport provided that; “The UA may not operate in 

Class B, C, or D airspace without written approval from the FAA. The UA may not

operate within 5 nautical miles of the geographic center of a non-towered airport 

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. The 

letter of agreement with the airport management must be made available to the 

Administrator upon request.” Operations within 5 miles of an airport are not 

anticipated to be routine but the petitioner is requesting a mechanism to facilitate 

such activities without requesting a new and separate exemption(s) should the 

need arise. Operations within class B airspace are not requested due to the lack 

of mode C transponder. Public interest Use of the UAS in lieu of a manned 

aircraft would enhance safety and reduce the environmental impact as compared 

to similar operations conducted with manned aircraft of greater proportions, 

carrying a crew and flammable fuel. Additionally, use of the UAS in order to 

facilitate commerce could lead to economic growth. Operations for this petition 

will enable service for property owners or their designees seeking an enhanced 

perspective for characteristics, amenities, and benefits of their desired 

photographic subjects that cannot be displayed through ground level 

videography/photography. Aerial photography is a valuable marketing tool that 

can lead to increased commerce and enhance personal photography. Crop 

surveying applications could lead to decreased use of pesticides and fertilizer 

and conservation of water as well as increased crop yields and decreased costs. 

Aerial surveying and inspections can increase work site efficiency, improve 

volumetric estimations and reduce risks. The petitioner will provide clients 

with photographic data for these purposes on a ‘for hire’ basis acting as an 

independent contractor. A visual observer will be utilized. Liability insurance will 

be obtained commensurate with the granting of this request for exemption. Flight 

data including UA flight time, Control Unit operation time, incident, accident, and 

details concerning any deviations from normal operations will be available to FAA 

for use in collecting data regarding the use of UAS as part of this application. 

This data may be submitted to FAA via traditional means, e.g. COA Monthly 

Reports, or other means as required.

The petitioner will be using commercial Small Unmanned Arcraft Systems 

(sUAS) in the following manner:
1) Aerial photography and/or videography for private and/or public use in real 

estate, land surveying, golf course surveying, crop inspection, and other 

related commercial activities.

2) Aerial photography and/or videography for television and/or motion 

pictures, public events, and news gathering.

3) Aerial inspection of residential and/or commercial real estate when 

contracted by owner.

4) Aerial photography and/or videography to assist with search and rescue 

operations in case of natural disasters or emergencies when requested by 

local authorities or government agency in charge

The UAS:

I’ll be flying the DJI Phantom 2 vision plus is only 44 ounces and is designed to 

only carry a mounted camera. It’s max speed is 30 knots and can only climb at a 

rate of 1200 feet per minute. It is equipped with GPS to help make controls user 

friendly and stabilize the UAS in spot. It also allows the device to “return home” 

taking it back to the spot it took off from if the controller looses signal or the 

device has any problems. It is controlled on FCC certified radio control unit. It’s 

camera syncs to a phone to give real time feedback on altitude, GPS, and battery 

levels. The battery life is approximated at 25 minutes and if the battery levels 

reach extreme low levels the “return home” feature is enabled.

Conclusion:

I, Dustin Carlson, am requesting this exemption for the purposes of aerial 

photography of real estate, bridge inspections, land surveying, tower inspections, 

and other flight operations. The reason for such a general and broad based 

request is that I, Charles Ayers, wish to utilize a business strategy in order to 

capitalize on opportunities as they may arise in the future without the long 

turnaround time associated with additional exemptions. My business model is 

based on the idea of offering small UAS services to individuals or companies 

who wish to employ these services as a safe, effective, and legal option to 

enhance their business or prevent structural disasters that may influence the 

general public or individuals. 

Thanks,

Dustin Carlson