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John M. Sauler 

1128 SW 132nd Street 

Oklahoma City, Oklahoma 73170 

(405) 820-9622 

johnsauler@gmail.com

Date: January 12, 2016 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Petition of John M. Sauler for Exemption Pursuant to Section 333 of the FAA Reform Act 

Attn: To whom it may concern 

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

and 14 C.F.R. Part 11, John M. Sauler, operator of Small Unmanned Aircraft Systems (“sUASs”) 

equipped to conduct aerial photography and videography, hereby applies for an exemption from 

the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, 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 333.1 as described more fully below, the 

requested exemption would permit the operation of small, unmanned and relatively inexpensive 

sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) 

controlled. The proposed exemption, if granted, would allow John M. Sauler to conduct 

commercial operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all of 

the operational and safety requirements Congress has set forth in Section 333. 

John M. Sauler plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude 

of services, including: 

- Aerial surveying 

- Event Photography/Videography 

- Real Estate Photography 

- Aerial filmmaking and photography 

- Construction site inspections and monitoring 

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, 

provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in 

the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance 

required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 

333 provides a mechanism for “expedited operation authorization” if several factors are met. 

Petitioner meets all requirements to permit FAA approval of commercial UAS operations. 
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The Petitioner Requests Relief From the Following: 

14 C.F.R. 61.113 (a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.121 

14 C.F.R. 91.151 (b) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 91.407 (a) (1) 

14 C.F.R. 91.409 (a)(1) & (a)(2) 

14 C.F.R. 91.417 (a) &(b) 

Small Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to 

the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much 

smaller environmental impact which promotes public safety. 

I am petitioning for exemption to enable John M. Sauler to operate a DJI Phantom 3 Professional 

equipped with a three-axis camera gimbal and a 4K High-Def camera. This sUAS has a built-in 

capability to limit the height it flies above the ground and to limit the radius of the distance it 

flies from the operator. When the Control Link is lost, the DJI Phantom 3 Professional UA will 

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 

Professional UA does not reacquire control link data from the GCS, the UAs will assume that the 

Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, 

and will descend to the takeoff position and shutdown. 

The Aircraft weight including battery and propellers is 2.82 pounds. Max operating speed is 16 

meters per second or 35.8 miles per hour. Please refer to the included User’s Manual for full 

specifications. 

A Pre-flight inspection will be performed by the PIC in accordance with the factory instruction 

manual. An added step will be the inspection of the propellers. A propeller will be replaced if it 

has any nicks and cracks with a manufacturers authorized propeller. The sUAS will be 

maintained in accordance with the manufacturer’s instruction manual and only manufacturer's 

authorized replacement parts will be used. 

FCC Information 

This transmitter used for controlling the sUAS complies with part 15 of the FCC rules. Operation 

is subject to the following two conditions: 

1. This device may not cause harmful interference, and 

2. this device must accept any interference received, including interference that may cause 

undesired operation. The radio transmitter used for controlling the sUAS is wireless 

technology which has been tested and found to be compliant with the applicable regulations 

governing a radio transmitter in the 2.400GHz to 2.483 GHz frequency range. 
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Antenna Separation Distance: 

When operating our transmitter, the PIC will maintain a separation distance of at least 5 cm 

between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to meet RF 

exposure safety requirements as determined by FCC regulations. 

Pilot in Command and Observer Qualifications and Duties 

John M. Sauler will only utilize certificated pilots who possess a current and valid airman 

medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 Professional. 

Additionally, a safety observer will assist all pilots during flight time. 

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include 

all preflight preparation, in flight operation, post flight requirements, all procedures including but 

not limited to: 

Safe in flight operations 

Risk Mitigation to Persons and property 

Airfield Suitability 

The Observer must have the visual acuity to observe the sUAV and be able to communicate 

clearly with the PIC. 

The Observers duties are; 

a) warning the PIC of any impending obstacles in the flight path of the sUAS. 

b) warning the PIC of any deviations in the planned flight path of the sUAS. 

c) warning the PIC should any unauthorized personnel appear in the area of the planned flight. 

d) The Observer will have the authority to order the PIC to terminate the flight should he feel the 

flight cannot be conducted safely. 

General Operating Standards 

• John M. Sauler will only operate its sUAS in line of sight of a pilot and observer and will 

operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure 

that the sUAS will "not create a hazard to users of the national airspace system or the public." 

• Before an operation of a sUAV within 5 Miles of an airport with a control tower, the control 

tower will be called to gain permission to operate the sUAS. The PIC will give the position, 

altitude and the times the sUAV will be operated. The sUAS will not be operated at an altitude of 

over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000-foot ceiling. 

• Before an operation of a sUAS within 4 Miles of a non-tower controlled, airport operators will 

benotified and the PIC will give the right of way to avoid flying in the proximity of full-scale 

aircraft. At no time will the sUAV be operated within the final approach course and the takeoff 

course of any runway. The sUAV will not be operated at an altitude of over 150 feet AGL. 

Weather minimums will be 3 miles visibility and a 1000-foot ceiling. 

• Maximum flight time for each operational flight will be 20 minutes. 
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• Flights will be terminated at 20% battery power reserve should that occur prior to the 23 minute 

limit. 

• The sUAV will be programmed so that it will not be operated at an altitude of no more than 

400 feet AGL, and not more than 200 feet above an elevated platform from which filming is 

planned. 

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. 

 

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbals). 

• The sUAV will operate at speeds of no more than 25 knots, can hover, and can simultaneously 

move vertically and horizontally. 

• Given the small size of the sUAV and the restricted sterile environment within which they will 

operate, our sUAV operations adhere to the Reform Act's safety requirements. 

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of only 23 

minutes, this is offers little or no risk to national security.

 

Low level oblique photos and video from several angles are far more effective than ground based 

imagery for displaying the characteristics of large, complex properties with several buildings and 

large trees. The applicants in the past have chartered 2-seat full-sized helicopters for this 

purpose, which has proven more costly than many potential clients have been able to afford. The 

benefits of reduced cost and improved quality of presentation from the UA will be valuable to 

and benefit many buyers and sellers of real property. 

Additionally, we request that we be allowed to use our system to benefit first responders nearby 

who might require assistance, including fire fighters, the police, the sheriff, et al., while 

remaining subject to all limitations cited in this application as we do so. 

(a) No flight will be made with a Gross weight exceeding 55 pounds:

(b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; 

(c) All operations must utilize a safety observer (SO). The SO and PIC must be able to 

communicate by voice at all times during a flight operation; 

(d) Operations will be restricted to flights over private property with the permission of the 

property owner; 

(e) All required permits will be obtained from state and local government prior to operation; 

(f) will not be operated over densely populated areas; 

(g) will not be operating over any open-air assembly of people; 
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(h) will not be operating over heavily trafficked roads; 

(i) will not be operating at night. 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

John M. Sauler requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAV System: 

1) John M. Sauler Seeks Exemption From The Requirements Of Section 61.113(a) And 

(b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part: 

a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as PIC of an aircraft. 

b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if— 

1) The flight is only incidental to that business or employment; and 

2) The aircraft does not carry passengers or property for compensation or hire. 

2) John M. Sauler Seeks Exemption From The Requirements Of Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

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

3) John M. Sauler Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

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. 
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4) John M. Sauler Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states 

the following: 

a) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 

minutes. 

5) John M. Sauler Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: 

Each owner or operator of an aircraft— 

a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter[.] 

6) John M. Sauler Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a)(1), states the following: 

a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless— 

1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter[.] 

7) John M. Sauler Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 

91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following: 

a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had – 

1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or 

2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter. 
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8) John M. Sauler Seeks Exemption From The Requirements Of Sections 91.417(a) And 

91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section: 

1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, 

rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and 

(iii)The signature and certificate number of the person approving the aircraft for 

return to service. 

2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each 

rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, 

and appliance. 

(iii)The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis. 

(iv)The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi)Copies of the forms prescribed by § 43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, and 

appliances. 

b) The owner or operator shall retain the following records for the periods prescribed: 

1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is 

performed. 

2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.
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3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service. 

Safety and Benefits of the UAS 

John M. Sauler will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer 

myriad benefits over the use of full-sized manned aircraft for electric power line inspection, 

oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS 

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. 

By granting John M. Sauler‘s the requested Exemptions, the FAA will help drive development of 

safe and successful commercial UAS operations and will advance the public knowledge base for 

such operations. John M. Sauler is committed to promoting the UAS research efforts of 

policymakers including the FAA, NASA, DOD and DARPA by sharing data from its 

commercial UAS operations and serving as a resource for future UAS research operations. Thus, 

the FAA has good cause to grant this Petition. 

Conclusion 

As pointed out in this application, all the SUAs which we would use, under authorization by the 

US DOT-FAA, are small, light-weight devices operated within the line of sight of the Pilot-inCommand (PIC), less than 400 feet above the ground and outside 5 miles from any airport, 

heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic 

control authorities (ATC) have been notified and have authorized each flight within a radius of 

this distance. All our SUAs have proven capability for controlled flight. They are devices 

offered for general sale on the market around the world and have often been used as Model 

Aircraft in the USA. We are certain that the studies conducted until now by the FAA, about 

Section 332, Public Law 112-95, 2014, have already provided you with the assurances on the 

airworthiness of SUAs such as ours. For the foregoing reasons, the exemptions requested herein 

should be granted and John M. Sauler should be permitted to conduct small UAS operations in 

accordance with its manuals and all other operating parameters deemed necessary and 

appropriate by the FAA. These same Exemption Requests have been previously granted in 

Exemption Nos. 11062, 11109, 11112, 11213, 12559, and 14072. The submission of this 

application and its contents is the best demonstration that indeed it is possible to pursue the 

authorization process so that some sUAS may be used for legitimate commercial activities and 

under reasonably safe conditions. 

Signed 

John M. Sauler 
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GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

ATC Air Traffic Control 

CFR Code of Federal Regulations 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

NAS National Airspace System 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 

SO Safety Observer 

UAS Unmanned Aircraft System 

sUAS Small Unmanned Aircraft System 

VFR Visual Flight Rules