Adam Marquardt

AMH Creative, Inc

16018 Mark Crest Drive

Hockley, TX 77447

January 4, 2016

US Department of Transportation Docket Operations

West Building Ground Floor, Room W12­140

1200 New Jersey Ave., SE

Washington, DC 20590

To Whom It May Concern,

I, Adam Marquardt, am writing to petition for an exemption from part 21, subpart H; and sections

45.23(b), 61.113(a), and (b), 91.7(a), and 91.9(b)(2), 91.103(b), 91.119, 91.121, 91.151(b),

91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code

of Federal Regulations (14 CFR). The proposed exemption would allow me to operate a DJI

Phantom 3 Professional unmanned aircraft system (UAS) to conduct aerial photography,

videography and surveying of property.

The Unmanned Aircraft System (UAS)

The DJI Phantom 3 is a quad­rotor Unmanned Aircraft System (UAS) with a 4K camera

equipped on a gimbal. The Phantom 3 has a gross weight (including batteries and propellers) of

2.82 pounds (1280 grams). The UAS has a diagonal size (including propellers) of 590mm. It has

a maximum ascent speed of 5m/s, a maximum descent speed of 3m/s with maximum speed of

16m/s. The Phantom 3 UAS that Adam Marquardt will be responsible for also utilizes a mobile

ground station. The UAS is equipped with a safety feature referenced as the “Return to Home”

function that in the event of a signal loss, the UAS will return to a preset position and land. The

Return to Home feature can also be triggered manually. The remote connects to a smartphone,

and displays a full 720p high definition live view of everything the UAS mounted camera sees as

it flies. This high resolution view streams to you in absolute clarity, enabling safe flying. From

takeoff to landing, the DJI Phantom 3 responds to commands while automatically handling the

most complex aspects of a safe and stable flight. Additionally, each of the four legs of the

Phantom 3 is equipped with a high­powered antenna, which maintains a constant broadcast of

the live HD video feed, while receiving commands from the controller.

In accordance with 14 C.F.R. § 11.81, I, Adam Marquardt, provide the following information in

support of my petition for exemption:

Adam Marquardt

AMH Creative Inc

16018 Mark Crest Drive, Hockley TX 77447

281­529­5006

adam@amhhouston.com
1. Extent of relief that Adam Marquardt seeks regarding Section 45.23(b):

Relief from Section 45.23(b) is requested since the UAS does not have a cabin or cockpit on

which to mark with the required phrases. Also given the size of the UAS, it would be impossible

to use two inch lettering for the required markings. The DJI Phantom 3 will have the fuselage

marked with the word “Experimental” in the largest possible lettering as required by Section

45.29(f) so that I or anyone assisting me can clearly see the markings.

2. Extent of relief that Adam Marquardt seeks regarding Section 61.113(a) and (b) Private

Pilot Privileges and Limitations:

Relief from Section 61.113 (a) and (b) is requested to allow a Pilot in Command to operate the

Adam Marquardt’s DJI Phantom 3. The dangers involved with operating the UAS are far less

than the dangers presented in commercial activities outlined in 14 CFR part 61. Although helpful

in understanding weather patterns and air currents, a pilot’s license does not aid in remote

controlled piloting skills of the UAS. Additionally, the Phantom 3 is unable to carry passengers

or property, so it will be possible to achieve an equivalent level of safety using the FAA’s

operating parameters. The DJI Phantom 3’s size, weight, speed, operating area, and limited

battery life significantly reduces the risk of serious damage of that in comparison to a full­sized

manned aircraft.

3. Extent of relief that Adam Marquardt seeks in regards to 14 C.F.R. Part 21, Subpart H

and Section 91.7(a):

The airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H Is not applicable

for the DJI Phantom 3 Professional. However, I will ensure that the UAS is in airworthy

condition, prior to every flight. Relief from 14 C.F.R. Part 21, Subpart H and Section 91.7(a) is

requested to allow Adam Marquardt to determine airworthiness of the DJI Phantom 3. As part of

this determination the following will be adhered to:

a. Prior to the Phantom 3’s flight, the pilot in command will inspect the UAS to ensure it is in

a condition that is conducive for safe flight. This inspection will include, but is not limited

to, the rotors, the fuselage, the camera and gimbal, the ground controller, and any other

equipment on the Phantom 3, thus to ensure the execution of a thorough inspection to

promote safety.

b. Adam Marquardt will follow the DJI Phantom 3 aircraft/component, maintenance,

overhaul, replacement, inspection and life limit requirements.

c. Adam Marquardt will comply with any Phantom 3 manufacturer (DJI) safety bulletins to

ensure the UAS is properly maintained or updated to maintain safety.

4. Extent of relief that Adam Marquardt seeks in regards to Section 91.119 Minimum Safe

Altitudes:
General relief from 91.119 is requested to allow Adam Marquardt to operate the Phantom 3 at

altitudes not to exceed 400’ AGL over private property at a distance at or greater than 5NM from

the nearest airport as depicted on current aeronautical charts. Adam Marquardt also wishes to

be granted exemption to operate at an altitude not greater than 50’ AGL between 1NM and 5NM

from the nearest airport as depicted on current aeronautical charts.

Adam Marquardt will adhere to the following in order to maintain an acceptable level of safety

associated with operations over private property:

a. Adam Marquardt will not allow the Phantom 3 to operate at a speed greater than 10kts.

b. Adam Marquardt will require the UAS operator (PIC) to be fully trained on the Phantom 3 by

adhering to any recommendation or instruction contained within the DJI Phantom 3 operation

manual. Additionally, the DJI Phantom 3 Professional also has a unique Beginner Mode that

will help educate on how to fly in a safe, limited area. These exercises will also provide the

training needed to operate the UAS, making it safer to fly with these learned controls.

c. Adam Marquardt will be familiar with and able to manually execute the Phantom 3’s Return to

Home (RTH) feature. This feature aborts a flight operation and automatically returns the UAS to

a predetermined GPS safe point.

d) Adam Marquardt will not operate over private property without initially establishing a suitable

alternate landing spot on the property.

e) Adam Marquardt will abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents.

Additionally, the UAS proposed herein and the lack of flammable fuel with the UAS means that

any risk associated with these operations is far less than those presently presented with

conventional aircraft operating at or below 500 ft. AGL. In addition, the low­altitude operations of

the UAS will ensure separation between these small UAS operations and the operations of

conventional aircraft that must comply with Section 91.119.

5. Extent of relief Adam Marquardt seeks in regards to 91.9(b)(2):

Given the size of the DJI Phantom 3 there is no place to store the flight manual within the

aircraft. Additionally, the UAS does not accommodate pilots or passengers. Relief is requested

from 91.9(b)(2) for this reason.

6. Extent of relief that Adam Marquardt seeks in regards to 91.103(b):

Relief from 91.103(b) is requested because the DJI Phantom 3 is able to take off vertically and

does not require the use of a runway. Additionally, the UAS is equipped with GPS flight safety

features which will be enabled to ensure that in the event of a control link failure the UAS will be

able to land in the same location from which it took off with a simple push of a button.

7. Extent of relief that Adam Marquardt seeks in regards to Section 91.121 Altimeter

Settings:

Relief from 91.121 is requested because the DJI Phantom 3 utilizes electronic GPS with a

barometric sensor.
In order to maintain an equal level of safety that 91.121 requires, the PIC of the Adam

Marquardt’s UAS will abort the flight in the events that the UA loses communications with the

GPS signal.

8. Extent of Relief that Adam Marquardt seeks in regards to 91.151(b)​:

Adam Marquardt is seeking relief from 91.151(b), Fuel requirements for flight in VFR conditions.

Operation of the UAS does not require fuel. It is powered by a Lithium Polymer battery. Safety

will not be impacted with the operation of my UAS as its built in technology provides visual

warnings to the control center when It experiences low battery voltage. At the critically low

battery level, the DJI Phantom 3 Professional will descend and land automatically. Adam

Marquardt will operate the Phantom 3 up to the point (with consideration of wind and weather

conditions), where there is enough power to fly at normal speeds to the intended landing point

and safely land the UAS with at least 30% battery power remaining.

9. Extent of Relief that Adam Marquardt seeks in regards to 91.203(a) and (b):

Adam Marquardt seeks an exemption from Section 91.203(a) & (b) provides for carrying of civil

aircraft certifications and registrations. Adam Marquardt’s Phantom 3 UAS will not require an

airworthiness certificate in accordance with 14 C.F .R. Part 21. Subpart H, 91.203( a) & (b) are

inapplicable for the same reasoning. However, an equivalent level of safety will be achieved by

maintaining any such required certifications and registrations.

10. Extent of Relief that Adam Marquardt seeks in regards to 91.405(a), 91.407(a)(1) and

91.409(a)(2), 91.417(a) and (b).

Adam Marquardt is seeking relief from 91.405(a), 91.407(a)(1) and 91.409(a)(2), 91.417(a) and

(b) that allows Adam Marquardt to operate the DJI Phantom 3 Quadcopter as necessary. These

sections are set forth and applicable to airworthiness certificates of aircraft, which is not required

for my UAS, DJI Phantom 3 Professional, due to Its speed, weight, size, and limited operating

range. To ensure consistent safety, I will ensure the DJI Phantom 3 Professional is carefully

inspected and maintained in accordance with the methods, techniques, and practices outlined In

the operating documents and in the manufacturer’s manual. Furthermore, the UAS’s ground

control station will provide Adam Marquardt a live viewing capability, providing the ability to view

surrounding areas while in­flight and maintaining the ability to control the UAS from any

direction. With the aforementioned reasons, as the pilot of my UAS, I can meet and exceed the

safety levels achieved by current regulations.

Public Interest:

As the UAS technology advances, and safety features are enhanced, their becomes a greater

opportunity for the use of a UAS device. There are various industries that could benefit from the

reduced cost of a UAS in comparison to a manned aircraft set out to capture the same aerial

imagery. Traditionally, any aerial videography, photography, and surveying would be done with

expensive manned aircraft. Being able to offer a lower cost solution will allow endless

possibilities for use across various industries such as, but not limited to: residential or

commercial real estate, land surveying, land development, oil and gas research or development,
automotive dealerships, roof inspections, and many more. Granting my request for exemption

will allow me to serve small business owners at a lower cost compared to the expensive

manned aircraft solutions they were previously offered. My UAS will pose no threat to the public,

and will reduce current risk levels in comparison to manned aircraft’s seeking to capture aerial

imagery and video. Additionally, my UAS aircraft does not contain potentially explosive fuel, is

smaller, lighter and more maneuverable.

I respectfully request that the FAA grant my exemption request.

Summary:

As set forth herein, Adam Marquardt seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe

operation of the DJI Phantom 3 UAS commercially for real estate and oil and gas markets . The

Administrator will be assisting small business by granting this petition. In accordance with the

FAA Modernization and Reform Act of 2012, Adam Marquardt respectfully requests that the

FAA Administrator grants this petition for exemption from the following rules:

Part 21, subpart H; and sections 45.23(b), 61.113(a), and (b), 91.7(a), and 91.9(b)(2),

91.103(b), 91.119, 91.121, 91.151(b), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2),

and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR).

Thank you very much for your time, and consideration in this matter.

Respectfully,

Adam Marquardt