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U.S. Department of Transportation September 28, 2015

Docket Management System 

1200 New Jersey Ave., SE

Washington, DC 20590 

William J. Greenberg

Section 333 Petition to Operate

Small Unmanned Aerial Systems

Prepared by: 

William Greenberg

48 Bradford Rd

Framingham, MA 01701

508-395-3365 bill@airdronepilots.com 
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Table of Contents

Petition Summary.....................................................................................3

Statutory Authority...................................................................................3

Characteristics of the Aircraft.......................................................................3

Applications...........................................................................................4

The Petitioner Requests Relief From the Following..............................................4

The Petitioner has Supplied the Following Additional Information ...........................8

Pre-flight Inspection, Maintenance..................................................................8

UAS Operating Parameters ..........................................................................8

Pilot in Command (PIC).............................................................................9

Radio Frequencies....................................................................................9

Safety and Benefits of the UAS.....................................................................9

Conclusion ...........................................................................................10
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Petition Summary: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 

112-95 (2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s 

(“FAA”) general exemption authority under 49 U.S.C. section 44701(f), William 

Greenberg (“Petitioner”) hereby petitions for exemptions from 14 C.F.R Part 21, 

Subpart H (Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: 

Normal Category Rotorcraft), 14 C.F.R sections 61.113(a)-(b), 91.103(b)(1), 91.119(c), 

91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)- (b). 

The proposed exemption, if granted, would allow Petitioner 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. 

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. 

Characteristics of the Aircraft

The petitioner states that the unmanned aircraft (UA) to be operated under this request is 

less than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area as set out in the Operation Manual. The craft is the 

Phantom 3 manufactured by DJI. The craft has a quadcopter design, GPS, full 

autonomous autopilot capabilities, telemetry, manual ground control and an on-screendisplay/first-person-view system.

In addition, the craft has integrated safety features built into the design of the UAS, as 

described in the Operation Manual, to ensure the safety of persons and property within 

and surrounding the limited operating area. The petitioner further describes that, in the 

event the UAS loses communications or its GPS signal, the UA will have the capability

to return to a pre-determined location within the Security Perimeter and land. 
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Applications

The Petitioner holds a private pilot certificate and is instrument rated with almost 900 

hours of flight time over the past 18 years. He also has experience flying remote 

controlled aircraft and quadcopters. The Petitioner holds a current FAA 3rd Class Medical 

Certificate and has met the flight review requirements specified in 14 CFR§ 61.56.

The Petitioner is starting an aerial photography company that plans to utilize the 

capabilities of Unmanned Aerial Systems to offer a multitude of services, including: 

- Aerial surveying 

- Aerial mapping

- Aerial filmmaking and photography 

- Energy systems inspections and asset management 

- Construction site inspections and monitoring 

- Wildlife and forestry monitoring 

- Educational and research operations 

- Pipeline inspection and patrolling 

- Tower inspections

The Petitioner Requests Relief From the Following: 

The Petitioner requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the DJI Phantom 3: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the 

size of the Phantom 3, it is very light weight (aircraft weight is 2.8 pounds), and the 

limited operating area associated with its utilization, it is unnecessary to go through the 

certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed 

current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the UAS involved. An 

analysis of these different criteria demonstrates that the Phantom 3 operated without an 

airworthiness certificate, under the conditions proposed in that exemption, will be at least 

as safe, or safer, than a conventional aircraft with an airworthiness certificate. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks 
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These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must display

the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the 

cabin, cockpit, or pilot station. 

Given the size of the Phantom 3 this requirement is impossible to match but smaller 

numbers will be utilized in accordance with the size of the vehicle, numbers to be as large 

as practicable.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

This regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. Should the exemption be granted allowing commercial operation of 

the Phantom 3 without an airworthiness certificate, no standard will exist for 

airworthiness of the Phantom 3. Given the size of the aircraft and the requirements 

contained in the User Guide for maintenance and use of safety checklists prior to each 

flight an equivalent level of safety will be provided. 

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved

flight manual is in the aircraft. The intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. However, not 

only is the Phantom 3 too small to carry documentation, the documentation would not be 

available to the crew while flying.

The equivalent level of safety will be achieved by ensuring that the pilot has an electronic 

copy of the Phantom 3 flight manual while flying. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls. 

By design, UAS and remotely piloted aircraft do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The equivalent level of safety is provided by the 

fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control 

the UAS via radio signals from the controller and by the size and speed of the aircraft. 

14 CFR § 91.119: Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be 
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operating at a maximum of 400 feet AGL, the Phantom 3 cannot comply with this 

requirement. 

The equivalent level of safety will be achieved because the Phantom 3 will only fly over 

private property with the permission of the landowner. The operator will define before 

every flight a working area radius and a flight area ceiling, preventing the Phantom 3 to 

go beyond the flight area.

The landowner and the persons who may be on the ground in the flight area will be 

briefed of the expected route of flight and the associated risks to persons and property on 

the ground. Due to the small size of the Phantom 3 and the material with which the 

Phantom 3 is built, the hazard to persons, vessels, vehicles, and structures is not 

comparable to manned aircraft and should be considered in granting the exemption. 

Moreover, the aircraft will not be operated over congested areas or over any open- air 

assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. 

14 CFR 91.121 – Altimeter settings 

This section requires that 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 below 18,000 feet MSL to: 

The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft: 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; 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. 

To provide an equivalent level of safety, the Phantom 3 autopilot calculates the reference 

altitude (ground level) with the on-board GPS during the pre-flight tests. The GPS and 

barometer data are merged with respect to their respective precisions. The GPS provides 

reliable information to correct potential barometric bias, while rapid variations in altitude 

are detected through the barometer. Hence, barometric bias induced by environmental 

factors is rejected. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. 

Given the area of operation for the Phantom 3, an equivalent level of safety is achieved 

with the low battery failsafe feature in which the Phantom 3 will automatically land if the 

battery reaches below a determined point.
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14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

No person may operate a civil aircraft unless it has an appropriate and current 

airworthiness certificate. 

No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The Phantom 3 weighs only 2.3 pounds. As such, there is no ability or place to carry

certification and registration documents or to display them on the UAS. In addition, there 

is no pilot or passengers on board the aircraft. 

To obtain an equivalent level of safety and meet the intent of 91.203, the documents 

deemed appropriate for this aircraft by the FAA will be co-located with the operator at 

the ground control station and available for inspection upon request.

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and 

Alterations 

The regulation requires that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires 

an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) 

requires the owner or operator to keep records showing certain maintenance work that 

has been accomplished by certificated mechanics, under Part 43, or licensed pilots and 

records of approval of the aircraft for return to service. 

The maintenance of the Phantom 3 will be accomplished by the owner/operator according 

to the manufacturer’s documentation.

An equivalent level of safety will be achieved because the Phantom 3 is small in size. It is 

not a complex mechanical device, it will carry no external payload, and it will operate 

only in restricted predetermined areas. Moreover, the operator is the person most familiar 

with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to 

ensure an equivalent level of safety. Finally, before every flight, the Phantom 3 runs 

automatic sequences of pre-flight tests to make sure that every sensor and every critical 

part is running properly. Several parts of the Phantom 3 are easily interchangeable 

(propellers), which allows the operator to make sure the propellers and propulsion 

systems are always airworthy when a mission is initiated. 
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The Petitioner has Supplied the Following Additional Information: 

The DJI Phantom 3 Operation Manual is too large to upload. It can be found at 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4

_en_0915.pdf

Pre-flight Inspection, Maintenance 

Before each flight, the Pilot In Command, will perform a series of pre-flight and takeoff 

checks as defined by the Operation Manual supplied. After every 60 minutes of airtime, 

the craft will undergo a thorough inspection of all aircraft components, including, but not 

limited to: 

a. Actuators / Servos

b. Motors, wiring and connectors

c. Propellers, smooth, no chips

d. Electronic speed controller, wiring and connectors 

e. Batteries, wiring and connectors

f. Remote command and control

g. Ground control station 

UAS Operating Parameters 

All flights will be operated within visual line of sight (VLOS) of the pilot. Daytime 

Visual Flight Rules and all operations will be conducted with the assistance of a second 

spotter/observer. The UAS flights will be limited to a maximum altitude of 400 feet AGL

as measured by GPS.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations 

to describe intended coordination for proposed operation(s). As required Petitioner will 

obtain an Air Traffic Organization (“ATO”) issued Certificate of Waiver or 

Authorization (“COA”) prior to conducting any operations under this grant of exemption. 

In fulfilling its requirements under the COA, Petitioner will be required to request a 

NOTAM no more than 72 hours in advance, but not less than 48 hours prior to the 

operation.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, and hang gliders). Petitioner will not conduct UAS 

operations within 5 nautical miles of the geographic center of an airport unless a letter of 

agreement with that airport’s management is obtained obtained or otherwise permitted by 

a COA issued to the exemption holder.
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Pilot in Command (PIC) 

Subsections (a) and (b) of § 61.113 prohibit private pilots from operating aircraft in 

commercial operations and Section 61.133(a) requires an individual operating an aircraft 

for compensation or hire to hold a commercial pilot certificate. The FAA has the 

statutory authority to waive the pilot requirements for commercial operations 49 U.S.C. § 

44701(f). Basis for exemption is as follows: the Petitioner requests an exemption from 14 

C.F.R. §§ 61.113(a) and (b) and 14 C.F.R. § 61.133(a) so that the Phantom 3 may be 

operated by individuals who have a private pilot certificate.

Based upon the design features of the Phantom 3 with its autopilot system and safety 

factors, the FAA should permit operation of UASs by operators with a private pilot 

certificate. The conditions described above are in line with those set forth in Volume 16, 

Chapter 4, Section 1 of FAA Order 8900.1.AV proposes to conduct operations in 

accordance with these restrictions. Given these conditions and restrictions, an equivalent 

level of safety will be provided by allowing operation of the Phantom 3 with a private 

pilot certificate. The risks associated with the operation of the Phantom 3 (given its size, 

speed, operational capabilities, and lack of combustible fuel) are much less than the level 

of risk associated with manned operations both private and commercial as contemplated 

by Part 61; that allowing operations of the Phantom 3, as set forth above, meets or 

exceeds the present level of safety provided under 14 C.F.R. §§ 61.113(a) & (b) and 

61.133(a). 

Radio Frequencies 

The Phantom 3 will use the 2.4 GHz-2.483 GHz frequency, which is allotted by the FCC 

for data transmission and vehicle control in unlicensed frequency bands. All devices used 

will comply with FCC usage and emissions regulations. 

Safety and Benefits of the UAS 

The petitioner will be using the UAS in a variety of applications that generally require 

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

vehicles offer a myriad of benefits over the use of full-sized manned aircraft such as for 

electric power line inspection, oil/gas pipeline inspection, and film and still photography. 

Manned aircraft that is carrying crew and flammable fuel is being replaced with small 

UAS carrying no passengers or crew creating a greater margin of safety for the pilots and 

crew. 

By granting Petitioner’s 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. Petitioner 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. 
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Conclusion 

For reasons stated, the exemptions requested herein should be granted and Petitioner 

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. 

Respectfully Submitted,

William Greenberg

48 Bradford Rd

Framingham, MA 01701

508-395-3365 bill@airdronepilots.com