U.S. Department of Transportation, Docket Operations

West Building, Ground Floor, Room w12-140

1200 New Jersey Avenue, S.E.

Washington, DC, 20590

Application Petition for

Section 333 Exemption

February 27, 2016

Petitioner:

Steven S. Schuehle

Private Pilot ASEL

4091 Monroe Road

Allegan, MI 49010

Good Afternoon,

I am submitting this petition for exemption pursuant to Section 333: FAA Modernization and 

Reform Act of 2012, Public Law 112-95 Feb 14, 2012, Section 333. I request this exemption in order to 

operate my UAS, a DJI Phantom 3 Advanced Quadcopter Aircraft, and provide services for compensation 

to include aerial photography and/or videography for real estate, construction firms, agricultural 

monitoring, aerial mapping, business advertising, promotional events, geological surveying, 

environmental studies and special events to include but not limited to, weddings, private or public 

parties/events. The ability to provide these services to local businesses and individuals in my community 

will benefit them by opening up opportunities they did not have before. Traditional methods of aerial 

photography/videography are simply not viable options for the average consumer as they are costly and 

involve greater risks to everyone involved, i.e. utilization of humans, flammable fuel, etc. By utilizing the 

UAS, the same or superior results can be achieved more economically under much safer conditions. 

Commercial operations will be performed only at the request of, and with the authorization and 

permission of clients or their authorized agents.

The specific sections of 14 CFR that I am seeking exemptions for are as follows:

61.113(a) & (b), 61.113(b), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1), 

91.409(a)(2), 91.417(a) & (b)

This 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 small UAS 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.
91.121 – As discussed in Exemption 11138 (DOUGLAS TRUDEAU), unit is incapable since the small UAS 

does not have an altimeter and instead utilizes electronic GPS for altitude, and if GPS signal is lost, 

altitude can be monitored/maintained via an onboard barometric sensor.

91.151(a) – As discussed in Exemptions 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 small UAS batteries provide approximately 23 minutes of powered flight. 

Information provided in the operating document discusses procedures regarding remaining battery life 

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

procedure when battery remaining reaches a specified level. Beyond that, the petitioner’s small UAS 

initiates a “Go Home” (to the flight’s origination point) when battery level drops to the “Low Battery” 

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), 91.409(a)(2), 91.417(a) & (b) – As discussed in Exemptions 11138 

(DOUGLAS TRUDEAU), the petitioner proposes to inspect and ensure that the small 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 recordkeeping were sufficient to ensure that safety 

would not be adversely affected. In addition, the petitioner’s own experience as a certificated private 

pilot qualifies him to determine his aircraft’s airworthiness.

The Petitioner’s Small UAS 

The DJI Phantom 3 Advanced is a highly successful consumer grade small rotocraft in the quadcopter 

configuration with a weight of 2.8 pounds (1280g) designed primarily to carry aloft a high definition 

camera. It has an advertised maximum speed of 31 knots (16m/s) and a maximum climb rate of 984

ft/min (5 m/s). It is powered by four electric motors with a distance between motors of less than 14 

inches (350mm). It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor 

augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is 

controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry 

information is transmitted back to a ground control station allowing the operator and/or PIC to monitor 

battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera 

angle.

Risk mitigation

The petitioner’s small UAS has failsafe modes of operation for either loss of radio control, GPS signal, or 

low battery level. Altitude can be limited by the onboard flight controller and maximum altitude can be 

programmed by the PIC. Battery life limits flight times to approximately 23 minutes. The onboard flight 

controller will warn the pilot via telemetry and external lighting cues before reaching a low battery 

state. An automatic termination of flight and landing will be initiated when the battery reaches a 

predetermined state. It is anticipated that flights will usually last less than 15 minutes.

Safety
The petitioner will conduct a pre-flight inspection of the UAS prior to each flight. A thorough 

assessment of humans/animals, buildings, powerlines, distance to nearest airport, weather, etc. will be 

made before each flight. In addition to the PIC, an observer will be present for each flight. Visual line of 

site will be maintained at all times. Flights will only be conducted during daylight hours.

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 small 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. Liability insurance will be obtained commensurate with the granting of this 

request for exemption. Flight data including UAS 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 mean, e.g. COA Monthly Reports, or other means as required.

Conclusion

The petitioner is requesting this exemption for the purposes of surveying, real estate and general aerial 

photography/videography. The petitioner’s market research shows that significant demand for these 

services exist. The petitioner understands that along with a 333 exemption, there is great deal of 

responsibility associated with it, and the petitioner is committed to adhering to all specified 

conditions/limitations and ensuring that each and every flight is conducted safely.