BRIAN D. FISKE III - SECTION 333 EXEMPTION PETITION 

May 18,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Brian D. Fiske III 

32238 Renoir Road 

Winchester, CA 92596 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations 

Dear Sir or Madam, 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFR 

Part 11, Brian D. Fiske III hereby petitions the Secretary of Transportation and Federal 

Aviation Administration for exemption to the above referenced and below more fully 

described Federal Aviation Regulations ("FARs"), that currently may or may not apply 

to the recreational/business operations of model aircraft including small unmanned 

aerial systems ("UASs). Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 

2012 and the procedures contained within 14 C.F.R. 11, Petition that I, Brian D. Fiske III, an 

owner and operator of small unmanned aircraft, be exempted from the Federal 

Aviation Regulations ("FARs'') listed below so that I, Brian D. Fiske III, may operate 

small ultra-lightweight unmanned aircraft system ("UAS") commercially in airspace 

regulated by the Federal Aviation Administration ("FAA"). 

1 

As described herein I, Brian D. Fiske III, am a licensed Commercial Pilot (Certificate# 

3460856) and earned a Master of Aeronautical Science Degree from Embry-Riddle Aeronautical 

University specializing in Aviation! Aerospace Management. I am an experienced pilot and 

former Certified Flight Instructor in fixed wing aircraft and have flown small unmanned aerial 

systems for hobby and recreational purposes. 

This exemption would permit commercial operation by Brian D. Fiske III, who would utilize 

both the Dll Inspire 1 and a DJI Phantom 3 Professional to conduct sUAS flight training, 

agriculture, education, real estate and property insurance documentation photography, and 

videography, film and movie production, and demonstration flights to enhance academic 

community awareness. I am currently a full-time faculty member for Embry-Riddle Aeronautical 

University (ERAU) teaching undergraduate and graduate courses in Aeronautical Science for ten 

years. As an Eagle Scout, the exemption would allow the opportunity to provide community 

awareness to young people involved with scouting as well as students, veterans and alumni of 

ERAU. 

As described more fully below, the requested exemption would permit the operation of 

UAS under controlled conditions in airspace that is 1) limited; 2) predetermined in 
BRIAN D. FISKE III - SECTION 333 EXEMPTION PETITION 

areas away from general public, airports, heliports and vehicular traffic for community 

videos, and within property boundaries for individual homeowner and commercial real estate 

listing/property insurance documentation videos/photos; and 3) controlled as to access. The 

exemption would also provide safety enhancements to the already safe operations within the 

aerial photography, film and television industry presently using conventional aircraft and small, 

unmanned and relatively inexpensive UASs. 

Currently, similar lightweight, remote controlled UAS's are legally operated by 

unmonitored amateur hobbyists with no safety plan or controls in place to prevent 

accidents. I will operate my UAS within all safety protocols and controls to avoid and 

prevent public hazard, as well as manned aircraft hazards or accidents. 

Obtaining this request comports with the Secretary of Transportation's (FAA 

Administrator's) responsibilities and authority to not only integrate UAS's into the 

national airspace system, but to " ... establish requirements for the safe operation of 

such aircraft systems [UAS's] in the national airspace system" under Section 333(c) of 

the Reform Act specific to the use ofUAS's for commercial purposes. Further I will 

conduct operations in compliance with the protocols described herein or as 

otherwise established by the FAA. 

For the reasons stated below, I respectfully request the grant of an exemption allowing 

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me to operate ultra-lightweight, remote controlled UAS's for the purpose of providing academic 

community awareness and education, to benefit and stimulate agriculture and tourism within 

California, general aerial photography, and to enhance real estate listing and property insurance 

videos for homeowners and business organizations who cannot afford expensive manned aircraft 

for the same purpose, all of which will promote local economic growth through increased 

employment and increased tax base. 

I. Contact Information: 

Brian D. Fiske III 

32238 Renoir Road 

Winchester, CA 92596 

Mobile: (949) 220-3019 

Email: bfiske3@gmail.com 

II. The specific sections of Title 14 of the Code of Federal Regulations from 

which Brian D. Fiske III requests exemption are: 

1. 91.7(a) 

2. 91.119(c) 

3. 91.121 

4. 91.151(a) 

5. 91.405(a) 

6. 91.407(a)(l) 

7. 91.409(a)(l) and (2) 
BRIAN D. FISKE III - SECTION 333 EXEMPTION PETITION 

8. 91.417(a) and (b) 

Ill. The Extent of relief Brian D. Fiske III seeks and the reason he seeks 

such relief: 

I, Brian D. Fiske III, submit this application in accordance with the Reform 

Act, 112 P.L. 95 § 331-334, seeking relief from any currently applicable FARs 

operating to prevent me, Brian D. Fiske III, contemplated commercial 

cinematic, academic and other flight operations within the national airspace 

system. The Reform Act in Section 332 provides for such integration of civil 

unmanned aircraft systems into our national airspace system as it is in the 

public's interest to do so. My ultra-light weight UAS meets the definition of"small 

unmanned aircraft" as defined in Section 331 and therefore the integration of my 

ultra-lightweight UAS is expressly contemplated by the Reform Act. I would like 

to operate my ultra-lightweight UAS prior to the time period by which the Reform 

Act requires the FAA to promulgate rules governing such craft, thereby 

providing direct experience and valuable information for formal regulation that 

can be administered uniformly to all UAS aerial video and photography. The 

Reform Act guides the Secretary in determining the types of U ASs that may 

operate safely in our national airspace system. Considerations include: The 

weight, size, speed and overall capabilities of the UAS's; whether the UAS will 

be operated near airports or heavily populated areas; and, whether the UAS will 

be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in 

3 

favor of an exemption for me, BrianD Fiske III. Both the DJI Inspire 1 and Phantom 3 

Professional UAS utilizes four (4) counter rotating propellers for balance, control and 

stability. Both UAS are equipped with GPS and auto return safety technology as well as 

weighing less than seven (7) pounds (far below the maximum 55 pound limit); including 

camera with gimbal. 

IV. Regulations Brian D. Fiske III is seeking relief from and reasons: 

91.7 (a) - It is my understanding that since no FAA regulatory standard exists for 

determining airworthiness of the UAS, the regulation is inapplicable. 

91.119( c) - Operations will need to occur at altitudes under 300 feet and closer than 500 

feet to persons 

or objects. 

91.121 -The system have a barometric altimeter and GPS derived altitude capabilities 

while the FAA requires any altitude reported to ATC to be in feet AGL. 

91.151(a)- The system does not have the capabilities to adhere to this regulation. 

91.405(a)- This section doesn't pertain to a UAS. 

91.407(a)(1) -This section doesn't pertain to a UAS. 
BRIAN D. FISKE III - SECTION 333 EXEMPTION PETITION 

91.409( a)(l) and (2)-This section doesn't pertain to a UAS. 

91.417(a) and (b)- This section doesn't pertain to a UAS. 

I, Brian D. Fiske III if granted a Section 333 exemption would comply the following 

conditions: 

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1. Operations authorized by this grant of exemption are limited to the following aircraft 

described in the operating documents which are quad-rotor aircraft both weighing less 

than 7 pounds: Phantom 3 Professional & Inspire 1 Unmanned Aircraft Systems 

(UAS). Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

2. The UAS may not be flown at an indicated airspeed exceeding 30 knots. 

3. The UAS must be operated at an altitude of no more than 300 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents. All 

altitudes reported to ATC must be in feet AGL. 

4. The UAS must be operated within visual line of sight (VLOS) of the Pilot in 

Command (PIC) at all times. This requires the PIC to be able to use human vision 

unaided by any device other than corrective lenses, as specified on the PIC's FAAissued airman medical certificate. 

5. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) ofthe VO at all times. The VO may be used to satisfy 

the VLOS requirement as long as the PIC always maintains VLOS capability. The 

VO and PIC must be able to communicate verbally at all times. The PIC must be 

designated before the flight and cannot transfer his or her designation for the duration 

of the flight. The PIC must ensure that the VO can perform the functions prescribed 

in the operating documents. 

6. The operating documents and this grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy 

exists between the conditions and limitations in this exemption and the procedures 

outlined in the operating documents, the conditions and limitations herein take 

precedence and must be followed. Otherwise, the operator must follow the procedures 

as outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator's responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. The 

operator must also present updated and revised documents if he petitions for 

extension or amendment to this grant of exemption. If the operator determines that 

any update or revision would affect the basis upon which the FAA granted this 

exemption, then the operator must petition for amendment to its grant of exemption. 
BRIAN D. FISKE III - SECTION 333 EXEMPTION PETITION 

The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise 

regarding updates or revisions to the operating documents. 

5 

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the 

UAS, the UAS is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. The Ground 

Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records. 

8. Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test flight must make an 

entry in the aircraft records. 

9. The pre-flight inspection section in the operating documents must account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered 

in the relevant sections of the operating documents. 

10. The operator must follow the UAS manufacturer's aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

11. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

and alterations must be noted in the aircraft records, including total flight hours, 

description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

12. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

13. The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

14. UAS operations must be conducted by a PIC possessing at least a private pilot 

certificate and at least a current third-class medical certificate. The PIC must also 

meet the flight review requirements specified in L4 CFR 61 ".56 in an aircraft in 

which the PIC is rated on his or her pilot certificate. 

15. Prior to operations conducted for the purpose of sUAS flight training, agriculture, 

education, real estate and property insurance documentation photography, and 

videography, film and movie production (or similar operations) PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a minimum of 

25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a 
BRIAN D. FISKE III - SECTION 333 EXEMPTION PETITION 6 

UAS pilot with a multi-rotor UAS. Prior documented flight experience that was 

obtained in compliance with applicable regulations may satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under 

this grant of exemption to accomplish the required flight time, however, said training 

operations may only be 

conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 CFR 91.119. 

16. Prior to operations conducted for the purpose of sUAS flight training, agriculture, 

education, real estate and property insurance documentation photography, and 

videography, film and movie production (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a minimum of 

5 hours as U AS pilot operating the make and model of the U AS to be used in 

operations under the exemption; 5 hours make and model time may be included in the 

10 hours of multi-rotor time prescribed above. The PIC must accomplish 3 take-offs 

and landings in the preceding 90 days (for currency purposes). Training, proficiency, 

experience-building, and take-off and landing currency flights can be conducted 

under this grant of exemption to accomplish the required flight time and 90 day 

currency. However, said training operations may only be conducted during dedicated 

training sessions. During training, proficiency, and experience-building flights the 

PIC is required to operate the UA with appropriate distances in accordance with 14 

CFR 91.119. 

17. The operator may not permit the PIC to operate the UAS for the purpose of sUAS 

flight training, agriculture, education, real estate and property insurance 

documentation photography, and videography, film and movie production (or similar 

operations), unless the PIC has demonstrated and logged in a manner consistent with 

14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with 

how the UAS will be operated under this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

18. UAS operations may not be conducted during night, as defmed in 14 CFR 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). 

19. The U A may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart. 

20. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

21. If the U A loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 
BRIAN D. FISKE III - SECTION 333 EXEMPTION PETITION 

22. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in 

accordance with the operating documents. 

23. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 30% battery power remaining. 

7 

24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under this grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOT AM) not more lhan72 hours in advance, but not less than 48 hours prior to the 

operation. 

25. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

26. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UAS must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

27. The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC 

at the Ground Control Station of the UAS any time the UAS is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request. 

28. The UAS must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

29. The UAS may not be operated by the PIC from any moving device or vehicle. 

30. The UA may not be operated over congested or densely populated areas. 

31. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UAS and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, 

flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller 

of such vessels, vehicles or structures has granted permission and the PIC has made a 
BRIAN D. FISKE III ~ SECTION 333 EXEMPTION PETITION 

safety assessment of the risk of operating closer to those objects and determined that 

it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per 91.119(a). 

32. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each 

flight to be conducted. 

8 

33. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: -'-'--'-'-'-'-="'"'-'-~-!..!. 

I have included the URL links below for the DJI Phantom 3 Professional & DJI Inspire 1 Quick 

Start Manuals, the Phantom 3 Professional and Inspire 1 User Manuals and the Phantom 3 

Professional and Inspire 1 Safety Guideline that will be used for safe UAS operations to include 

preflight checklists. 

DJI Phantom 3 Professional 

Phantom 3 Professional Quick Start Guide 

http)/downlo~d.djiinnovati_ons.com/~lownloa~s/phantom 3/~n/Phantom 3 Professiom!L.Q.nir~:lllli Gui.~le ...ffiJ2QJ 

Phantom 3 Professional User Manual 

http;j/dpwnlo;:td.djii®ovatipns_"com/ci_gwnloag§illhantom 3/en/Phantom, .. 3 J1

r()fessional,JJser Manuai .. ,.vl .0 ~_n.pdf 

Phantom 3 Professional Safety Guidelines 

http://downlo<!d.djiinnovatiOJ)s.com/downloads(nhantorn 3/en/Safety Guidelines Disclaimer en.pgf 

DJI Inspire 1 

Inspire 1 Quick Start Guide 

http://download.djiinnovations.com/gownloads/inspire .. llcn/Inspire LQuicJc Start Guide en&df 

Inspire 1 User Manual 

lltiJl:/ /dQwqioad.djiinnovations.com/downloads/inspire_jj~n/Inspire 1 User Mf[nual vl.2 en.pdf 
BRIAN D. FISKE III- SECTION 333 EXEMPTION PETITION 

Inspire 1 Safety Guidelines 

http://download.djiilJHO\',flltio~_]l_t:J:,s:il!:!lll dovVI).lo1Jids/inspi(~_J /en/It15Pin:::~tfety Guidelines en. pdf 

Inspire 1 Maintenance Manual 

http://download.djiiimovations.com/downloads/inspire 1/enJinspire I Maintel(;mnce Manu!!_lVl.Q.,.,en.pdf 

9 

If more information or documentation is needed to approve this exemption, please contact me at 

949.220.3019 and I thank you for your consideration. 

-~:nlan D. iske III 

32238 Renoir Road 

Winchester, CA 92596