June 1, 2015 

Mark D. Dieckmann 

3435 Linkwood Drive 

Houston, TX 77025 

Cell (832) 303 0014 

Email: mdieckmann@gmail.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 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 Mark D. 

Dieckmann, 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); 91.405(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, 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 an experienced 

UAS operator with the addition of a trained observer. All pre-flight inspection, 

maintenance and flight logs will be saved and made available to the FAA and Secretary 

of Transportation (SoT) for review; with the purpose of safely integrating civil UAS 

operation in the National Airspace System. 

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. 

The petitioner will primarily operate the UAS between ground level and 200 feet. 

The UAS will be operated over designated properties with the owner’s consent and 

while maintaining a safe distance from persons. The petitioner will compile flight data 

from the logs. This data may assist the FAA in development of regulations for 

commercial operations in low-risk, controlled environments. 

91.121 

As 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 recordkeeping, were sufficient to 

ensure that safety would not be adversely affected. 

The UAS 

The DJI Phantom 2 Vision Plus is a highly successful consumer grade small rotorcraft in 

the quadcopter configuration with an advertised weight of less than 44 Ounces (1242g) 

designed primarily to carry aloft a high definition camera. It has an advertised maximum 

speed of less than 30 knots (15m/s) and a maximum climb rate of less than 1200 feet 

per minute (6 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. It has failsafe modes of operation for either loss of RC or 

GPS signal. Altitude can be limited by the onboard flight controller and maximum 

altitude can be preprogrammed by the PIC. Battery life limits flight times to 

approximately 25 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 low 

state. It is anticipated that flights will usually last less than 12 minutes. More information 

is available in attachment 1. 

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 will be 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. These documents will be made available to the FAA 

and SoT to assist in future implementation of safety standards and regulations. The 

petitioner will only operate the UAS over designated properties with the owner’s 

consent. Flight plans will be predetermined to limit the UASs flight time and limit safety 

concerns. The petitioner will take into account distance from persons and potential flight 

obstacles prior to operating the UAS. UAS operation will always be within VLOS of the 

PIC and the observer. 

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. 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. 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 or other means as required. 

Conclusion 

The petitioner is requesting this exemption for the purposes of “aerial 

photography, cinematography, videography, inspections and other flight operations”. 

The reason for such a general and broad based request is that the petitioner wishes to 

utilize a business strategy of horizontal integration and maximize economies of scope in 

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

turnaround time associated with additional exemptions. The petitioner's business model 

is based on the idea of offering ad hoc 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 hobby. The petitioner has refrained from engaging in commercial use 

of the UAS. The primary purpose of seeking this exemption is to obtain the capability to 

offer those services while remaining in compliance. The petitioner has 4 years of 

experience in the radio control model aircraft hobby. 

Respectfully submitted

Mark D. Dieckmann