Green Bee UAV

May 11, 2015

Docket Operations, M-30 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Room W12-140, West Ground Floor 

Washington, DC 20590-0001

Subject: Section 333 Petition for Exemption

I, Jared Nelson, of 539 Wright St #107 Denver, Colorado 80228 am petitioning the FAA for an exemption 

from sections 49 USC of Federal Aviation Regulations. I personally will be the sole PIC of all aerial 

photography, following the approval of this request.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, I am 

requesting certain exemptions in order to conduct residential and commercial aerial photography using 

a lightweight UAS’s. (DJI Phantom)

Jared Nelson

539 Wright St #107

Lakewood, CO 80228

720-289-8494

greenbee@greenbeeuav.com
Summation:

I, Jared Nelson, am hereby petitioning the FAA for an exemption from various sections of 49 USC of 

Federal Aviation Regulations. I am a registered rotorwing pilot, and will be the Pilot in Charge of any 

aerial photography, following approval of this request.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, I request 

certain exemptions in order to conduct residential and commercial aerial photography) using a small 

Unmanned Aircraft System- the DJI Phantom line of aircraft. The aircraft consists of four de motors 

with rotors, powered by a Lithium battery and managed by an on board flight control system that is 

remotely accessed by the Pilot in Charge using a portable control unit.

The remote control unit is a wireless communication device using the 5.8GHz frequency band. Realtime viewing of the on board camera is enabled through a Wi-Fi video link within the 2.4GHz frequency 

band. Both frequencies are approved by the FCC for limited-range communication purposes.

The Phantom has a maximum payload of less than three pounds including the camera, has a maximum 

forward speed of 29.16 knots, and is managed by a sophisticated GPS control system that has a Return 

To Home (RTH) procedure in the event of Loss of Signal (LOS). That same system can set maximum 

height and distance so the UA does not exceed preferred parameters. In addition, the control system 

has a No Fly Zone feature that will prevent takeoff from within Controlled/Restricted Airspace and 

warn the PIC of an impending intrusion when in flight. The manufacturer, DJI, regularly updates 

software and firmware. The latest versions, including the addition of the Washington, DC area No-Fly 

Zones, have been updated to include a 25km radius in Washington, DC.

Green Bee will not use the UAS later than Civil Twilight while doing Real Estate marketing for Realtors 

showing views of properties currently unattainable by still or aviation photography, at a greatly 

reduced cost, and much higher safety standard. We will work with local nonprofits to enhance their 

missions- including, but not limited to, historical home renovations in the Portland, OR area.

I will always operate the Phantom in a safe manner, using the following pre-flight check list and 

operating procedures to determine that the aircraft is physically and electronically ready for safe flight 

and that permission from the property owner/representative is received:

Pre-flight Checklist:

• If required, notify the Flight Standards District Office of our launch schedule and location.

• Survey the property for hazards- trees, utility poles, weather conditions, and other elements that 

might compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might adversely affect 

flight safety and performance.

• Examine the aircraft- looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly (receiving more than 6 GPS signals 

along with calibration of the magnetic compass)

• Following takeoff, within close proximity check to make sure the flight controls, engines, point of 

view camera, and GPS are working properly

• Flights will not be conducted over or near any non participating people or objects. 

• I will give right-of-way to any manned aircraft. 
• I will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius) as well 

as restricted and prohibited zones.

• I will fly no higher than 400' and no further than 1000' from the Home Point, recognizing that the 

primary responsibility is to safely keep the aircraft safely within VLOS.

• I will stay clear of clouds and fog (500' vertically and 2,000' horizontally).

• I will perform a post-flight check of the Phantom to determine its physical and electronic condition.

The aircraft itself will be marked with an N number and the aircraft airworthiness registration has 

already been sent in. 

Exemptions Requested:

I respectfully request exemption from the following regulations with which I cannot fully comply

14CFR

Part 21 Airworthiness Certification

Subpart H "prescribes the procedural requirements for issuing and changing design approval, 

production approval, airworthiness certificates and airworthiness approval." (Summation from 

Exemption No. 11138, page 11) 

Response: "The Secretary of Transportation has determined that this aircraft meets the conditions of 

Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21, and any 

associated noise certification and testing requirements of part 36, is not necessary." (Summation from 

Exemption No. 11138, page 11

§91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, takeoff and 

landing distance information.

Response: Since a quad-copter, like a helicopter, takes off and lands vertically, a Phantom pilot would 

not need to know this information since there are no runways involved and the return from flight is 

the takeoff point. The FAA has determined that "relief is not necessary." (Summation from Exemption 

No. 11138, page 20)

§ 91.105

Summary: This section deals with flight crewmembers at stations..

Response: Since there are no passengers, pilots or crewmembers, I respectfully request relief from this 

regulation.

§ 91.119 (a) (b) (c

Summary: This section deals with minimum safe altitude stating that if the power fails anywhere, an 

aircraft should have an altitude sufficient so that an emergency landing can occur without hazard to 

persons or property (91.119 a). It also sets minimum altitudes over congested areas and uncongested 

areas as well as has a paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) 

from any person, vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAS since these 

aircraft are required to fly below those altitudes. Their weight, speed and GPS-controlled Return to 

Home feature mitigates against a catastrophic accident. A manned aircraft is much heavier and larger 

than a Phantom. If a Phantom were to crash, it carries no humans, no explosive fuel and since it flies 
primarily over a single piece of private property, any damage would likely be minimal and confined to 

that area. As to keeping 500' from any person, vessel, vehicle or structure, the purpose of real estate 

quad-copter photography is to fly close to the subject structures with the permission of the 

owner/representative. I maintain that my nearly 90 hours flying Phantoms have provided me with 

sufficient skills to manage safely any approach under 500 feet. In addition, access to the property is 

strictly controlled. I respectfully request an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the "cruising altitude or flight 

level of that aircraft." It requires that the "elevation of the departure airport" be set in the altimeter 

or the "current reported altimeter setting of a station along the route and within 100 miles of the 

aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. The Phantom is 

equipped with a barometric altimeter which automatically calculates the takeoff altitude {0 AGL) 

when the aircraft is warmed up- the launch point becomes the "elevation of the departure" point. The 

altitude of the UAV is visible in the control monitor by the PIC before launch and is consistently 

updated as the flight progresses. I respectfully request an exemption from this rule.

§91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things, that 

"no person may begin a flight in an airplane under VFR condition unless ... there is enough fuel to fly 

to the first point of the intended landing and, " .. .fly after that for at least 40 minutes (day) and 45 

minutes (night)".

Response: This regulation deals with 'reserve' fuel. This could include any condition that increases 

flight time or fuel consumption. Weather would be one factor including wind, turbulence and the 

necessity to divert around threatening thunderstorms. Compliance with this regulation is not possible 

because the 'fuel" onboard the Phantom is not aviation gas but a DC battery with a maximum flight 

duration of 25 minutes. Fuel management of an UV requires constant monitoring of the battery's stateof-charge and bringing it home before it reaches the manufacturers recommended 30% level. In our 

training flights, we've found that a flight of 10-15 minutes to be safe, returning the 6 Phantom to its 

Home Point around the 40% level. I respectfully request an exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the keeping of 

appropriate maintenance records and replacement of inoperable instruments.

Response: Maintenance on the Phantom will be done by the PIC. If, in landing, a rotor blade or two are 

damaged, they are quickly replaced. The traditional instrument cluster in an aircraft is replaced by a 

data stream from the Phantom, visible in the control monitor. Motor checks are done before each 

flight while rotating the blades to feel for obtrusions, and sediment in the motors. Replacement of 

minor parts are performed by the PIC and a major 'overhaul' that can't be easily resolved will go back 

to the available authorized repair facility for repair. Currently, there are no required inspections by 

'authorized' maintenance personnel and there would be no space/room on board to install a placard of 

inoperability. I respectfully request an exemption from this rule.

§ 91.407 

Summary/Response: This section addresses requirements after maintenance has been performed. 

Approval of the maintenance before flight is up to the PIC. Paragraph (b) refers to the prohibition of a 

pilot carrying passengers or crewmembers, if the flight characteristics have been substantially 

affected, before a rated pilot performs an operational check of the maintenance. This is a PIC's 
responsibility to preflight the Phantom and determine its airworthiness. I respectfully request an 

exemption from this rule.

§ 91.409

Summary: This section deals with the necessity of annual and 100-hour inspections or "progressive 

inspections" and approval by authorized persons which will lead to the "issuance of an airworthiness 

certificate."

Response: There is no FAA approved inspection protocols nor authorized inspection personnel. The PIC 

handles those issues each time the Phantom is prepared for flight. The pre-flight check list will be 

followed to determine its mechanical and electronic integrity. I respectfully request an exemption 

from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, replacement and 

condition of vital parts (rotors, engines & airframe). Certain records must be retained for one year 

while other records must be kept with the aircraft even when sold to another party.

Response: The details of this section would be impractical with a Phantom, but repair issues can be 

entered into the aircraft log. I respectfully request an exemption from this rule.

Safety:

The Phantom is a UAS with multiple safety features to assure a safe and efficient flight, minimizing 

personal injury and property damage and integrating with minimal risk into the NAS. They include:

• A GPS flight system that allows for stable remote control of the aircraft.

• Upon releasing controls into a neutral position the UAS maintains its current position.

• A Return to Home function if electronic contact between the Remote Control and the aircraft is lost. 

• The ability to limit the flight ceiling of the aircraft.

• Use of the 'radar' mode which instantly allows the PIC to pinpoint the UA.

• The No Fly Zone control software will prevent takeoffs within a S-mile radius of a major airport as 

well as provide warning in the event that the aircraft inadvertently approaches the zone while in flight. 

If the aircraft enters a No Fly Zone the Return to Home function kicks in and returns the aircraft to the 

point of takeoff. 

• Readout of the battery's state of charge so that there is sufficient power to bring the UA home.

• The weight, size, speed and limited flight which focuses on inanimate objects (homes) reduces the 

likelihood of significant personal or property damage. Flight of the UAS risks no on board lives, as in 

helicopter or plane photography. The safety features associated with the Phantom as well as my preflight checklist and procedures will assure that public safety is not adversely affected.

Public Benefits:

UAS have an advantage over conventional aircraft, as they don’t carry potentially dangerous fuel, 

create nearly as much noise (which can disturb wildlife and residents), by taking off and landing at the 

property the free up airspace, use less energy (for environmental impact), and are generally safer to 

the public. UAS, also provide an advantage to ground photography as it can picture subjects from 

angles unachievable by the ground, ensuring the Real Estate agent and buyer they know what they are 

getting. They also are able to get close enough to provide roof, gutter, and other inspections, which 

would normally require bringing in an additional outside person. Furthermore, Green Bee is also 

working with the Portland Historical Society to bring more attention to some of the homes that need 
help in the Portland Metro Area. Green Bee also plans on trying to work with the Historical Society in 

Denver as well.

I respectfully request exemptions from the above listed regulations in order to conduct aerial 

photography of residential and commercial properties in order to assist realtors and developers in 

their marketing efforts. 

Thank you,

Jared A Nelson

720-289-8494

greenbee@greenbeeuav.com

Phantom Specifications Listed Below:
General Features Ready to Fly, Multifunctional Quad-rotor System

Customized H3-2D and H3-3D Gimbal Support

Precision Flight and Stable Hovering

25min Flight Time & Smart Battery

Auto Return-to-Home & Landing

Advanced Power Management

Intelligent Orientation Control (IOC)

Easy Battery Replacement

Self-tightening Propeller

Video Downlink Support

CAN-Bus Expansion Module

Aircraft

Weight (Battery & Propellers Included)

1000g

Hover Accuracy (Ready To Fly)

Vertical: 0.8m;

Horizontal: 2.5m

Max Yaw Angular Velocity

200°/s

Max Tilt Angle

35°

Max Ascent / Descent Speed

Ascent: 6m/s; Descent: 2m/s

Max Flight Speed

15m/s(Not Recommended)

Diagonal Length

350mm

Flight Time

25mins

Take-Off Weight

≤1300g

Operating Temperature

-10°C ~ 50°C

Supported Battery

DJI Smart Battery

DJI Smart Battery

Type

3S LiPo
Capacity

5200mAh, 11.1V

Charging Environment Range

0°C to 40°C

Discharging Environment Range

-20°C to 50°C

2.4GHz Remote Control

Operating Frequency

2.4GHz ISM

Communication Distance (Open Area)

1000m

Receiver Sensitivity (1%PER)

-97dBm

Working Current/Voltage

120 mA@3.7V

Built-In LiPo Battery Working Current/Capacity

3.7V, 2000mAh