John Marchetta

3690 Granger Road

Akron, Ohio 44333

330 958 3018

johnmarchetta34@gmail.com

Dear Sir or Madam:

This petition is being submitted without legal counsel or consulting services.

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

and 14 C.F.R. Part 11,I hereby apply for an exemption from the Federal Aviation Regulations

(FARs) listed below to allow operation of my small Unmanned Aircraft System (sUAS)

commercially. The Aircraft that I will operate under the exemption is a DJI Phantom 3.

I am an experienced pilot with the DJI Phantom 3 and have flown the aircraft over 50 times in

different locations and conditions. I always follow local and federal laws. I also will adhere to all

weather and environmental restrictions or limitations in reference to the operations of sUAS.

The requested exemption would permit me to pursue commercial interests in providing services

to clients using my DJI Phantom 3, including aerial photography, videography, aerial

inspections, etc.

If this exemption is granted it would benefit the public as a whole in many ways. It allows safe,

efficient, and economical aerial video and photography for clients, whose other option would be

larger, manned aircraft. Use of the DJI Phantom 3 would reduce pollution as it is a very small

and efficient battery powered aircraft that consumes much less energy than a larger manned

aircraft. Another benefit is the reduction in the amount of manned aircraft in the airspace,

lowering congestion and noise around airports caused by arriving and departing aircraft. The

DJI Phantom 3 does not require an airport to takeoff or land. A reduction of manned aircraft

conducting aerial video and photography missions would result in fewer aircraft that must be

handled by air traffic control during the ground, takeoff, and landing of flight operations.

Lastly, the DJI Phantom 3 is much safer to operate than larger manned aircrafts as it does not

carry any passengers, contains no combustible fuel, and weighs in at under 3 pounds. Use of

sUAS also reduces noise and blowing produced by full size aircraft and is much safer in the

event of a failure both in the air and on the ground.
sections from which I seek exemption:

1)

​91.7(a)​Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

● The equivalent level of safety established by Section 91.7(a) will be maintained because

prior to every flight, I will ensure that my DJI Phantom 3 is in airworthy condition by

inspecting it and complying with the DJI owner's manual.

2)

61.101(e)(4) and (5)

(e) ​Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in

command of an aircraft—

4) For compensation or hire

(5) In furtherance of a business;

● An exemption from this section would not put the safety of anyone or anything at risk because I will

follow all local and national laws. I am an safe, responsible, and experienced pilot of the DJI

Phantom 3. An exemption from this section will greatly benefit the public as stated above.

3)

​61.113(a)​​Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot

certificate may act as pilot in command of an aircraft that is carrying passengers or property for

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

● I seek exemption from this because it will benefit the public without putting anyone at risk. Also, the

aircraft does not carry passengers or property for compensation or hire.

4)
91.119(c) ​Minimum safe altitudes: General.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or

sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any

person, vessel, vehicle, or structure.

● I seek exemption from this section because I feel that I can operate my DJI Phantom 3 closer than

500 feet to any person, vessel, vehicle, or structure in a safe manner because of the size and

weight of the aircraft. However, I will ask permission from anyone whom I will be operating my

aircraft within 500 feet from. Also, by I keeping my aircraft in visual eye sight I can see where it is

and what is going on at all times.

5)

​91.121 ​Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as

the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the

aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current

reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an

appropriate altimeter setting available before departure; or

(2) At or above 18,000 feet MSL, to 29.92′′ Hg.

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of operation as

shown in the following table:

Current altimeter setting Lowest usable flight level

29.92 (or higher) 180

29.91 through 29.42 185

29.41 through 28.92 190

28.91 through 28.42 195

28.41 through 27.92 200

27.91 through 27.42 205

27.41 through 26.92 210

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight level, the

pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate number of

feet specified below, according to the current reported altimeter setting:

Current altimeter setting Adjustment factor
29.92 (or higher) None

29.91 through 29.42 500

29.41 through 28.92 1,000

28.91 through 28.42 1,500

28.41 through 27.92 2,000

27.91 through 27.42 2,500

27.41 through 26.92 3,000

● I seek exemption from this section because it does not apply to a DJI Phantom 3.

6)

​91.151(a)(1) ​§91.151 Fuel requirements for flight in VFR conditions

.

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming

normal cruising speed—

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

● I seek exemption from this section because the DJI Phantom 3 runs on a battery, not fuel, and has a

total flight time of around 22 minutes. However, to maintain safety, the aircraft will automatically

return to the point from where it took off from as soon as it reaches 15% battery. Also, the operating

software operator monitors exactly what percent of the full charge remains as well as an estimation

of how much flight time remains.

7)

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)

● I seek exemption from these sections because these only apply to aircraft with an airworthiness

certificate and the DJI Phantom 3 does not require these certificates. The DJI Phantom 3 UAS

meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. In

order to maintain maximum safety, I perform any maintenance on the aircraft with extreme caution

and comply with the DJI owner‘s manual. Afterward, I will take the aircraft to a location that is far
enough from any structures, vehicles, and people to test the DJI Phantom 3 after maintenance to

make sure the aircraft is in a safe state of operation. Lastly, I will document any maintenance

performed on the aircraft.

DJI Phantom 3 Manual

http://download.dji­innovations.com/downloads/phantom_3/en/Phantom_3_

Professional_User_Manual_v1.2_en.pdf

summary

I seek exemption from a number of code 14 C.F.R. regulations that would allow me to use my

DJI Phantom 3 to provide aerial photography, videography, aerial inspections, and real estate

services commercially. Please let me know if there are any other sections that should have

been included in this application.