Fred Harrison

720 SW 3rd Ave

Battle Ground, WA 98604

Fharri1161@msn.com

(360) 342-8915

March 7, 2016

Attention:

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC, 20590

To Whom It May Concern:

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

and 14 CFR Part11, Fred Harrison applies for an exemption from Federal Aviation Regulations 

(FARs) identified below, to allow commercial operations of small unmanned Aircraft Systems 

(UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) under 

the conditions and limitations set forth in this petition. 

Commercial operation of a Phantom 3 Professional (UAS), as described herein, which is 

equipped with camera and sensors would conduct the following operations:

 Aerial Videography / Photography for public and / or private use including real estate, 

engineering, land surveying, agriculture or other related professional activities.

 Aerial Videography / photography for public or private use including television, new 

events and broadcasts, public events and cinematography.

 Aerial inspection / videography / photography of residential or commercial structures 

under contract with the owners or local authorities. Structures may include buildings, 

infrastructure, infrastructure components, construction sites and other facilities.

 Aerial inspection / video / photography / live video feeds for assistance in search and 

rescue operations in cases of an emergency or natural disaster at the request of 

authorities of government agencies who have requested it by contract or donation. 

 Aerial videography/ photography to assist first responders who might require 

assistance, including fire fighters, the police, the sheriff, et al., to include accident 

documentation and search and rescue while remaining subject to all limitations cited in 

this application. 

As described below, the requested exemption would permit the operation of a UAS under 

controlled conditions within the National Airspace System (NAS) that would be a) limited, b) 

controlled, c) predetermined, and d) will provide safety enhancements such as limited exposure 

to flight crew, climbing crews, weight of vehicles, speeds of usage, non use of volatile fuels, etc. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 
Transportation’s (FAA Administrator’s) responsibilities to “...establish requirements for the safe 

operation of such aircraft systems in the National Airspace System”.

REQUESTED REGULATORY EXEMPTIONS AND EQUIVLANT LEVEL OF SAFETY

14 CFR 21 Part 21, subpart H

14 CFR § Part 61.113 (a) and (b)

14 CFR § 45.23 (b)

14 CFR § 91.7 (a)

14 CFR § 91.9 (b)

14 CFR § 91.103

14 CFR § 91.119 

14 CFR § 91.121

14 CFR § 91.151 (a)

14 CFR § 91.405 (a)

14 CFR § 91.407 (a) (1)

14 CFR § 91.409 (a) (1) and (2)

14 CFR § 91.417 (a) and (b)

14 CFR 21, Subpart H, and 14 CFR § 91.203 (a) (1) Airworthiness Certificate

Subpart H, entitled ‘Airworthiness Certificates’ defines the requirements for issuance of 

airworthiness certificates as required by 14 CFR § 91.203 (a) (1). Given the small size, weight 

and limited operating area of UAS to be used by the applicant, an exemption from Part 21, 

Subpart H 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 authorize 

the FAA to exempt aircraft from the requirements for an airworthiness certificate upon 

consideration of the size, weight, speed, operation capability and proximity to airports and 

populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates 

that a UAS operated without an airworthiness certificate in the restricted environment and 

under the conditions proposed will be as safe, if not safer, than conventional aircraft operating 

with an airworthiness certificated without the restrictions and conditions proposed.

The applicant’s UAS weight is substantially less than 55 pounds, carries no pilot or passenger, 

carries no flammable liquids fuels, or explosive materials, and operates exclusively within 

secured and designated area. Flight operations under this exemption will be controlled and 

monitored by the PIC and VO, conducted in full compliance with the conditions of this 

document and local public safety requirements 

14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges

Section 61.113 (a) and (b) prescribes that – (a) no person who holds a private pilot certificate 

may act as a 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. (b) a private pilot may, for compensation or hire, act as pilot in command of an 

aircraft in connection with any business or employment. Exemption requested due to flights 

are only incidental to the business of photography. The UAS is too small to carry a pilot or 

passenger and will not carry or deliver any personal property for hire. The only payload for this 

exemption is a fixed camera. No other payload(s) will be allowed. 

14 CFR § 45.23 (b) Marking of the Aircraft

Even though the small UAS will have no airworthiness certificate, an exemption may be needed 

as the small UAS will have no entrance to the cabin, cockpit, or pilot station on which the word 

“Experimental” can be placed. Given the size of the small UAS, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with § 45.29

(f). The equivalent level of safety will be provided by having the small UAS marked on its 

fuselage as required by § 45.29 (f) where the pilot, observer, and other working with the small 

UAS will see the identification of the UAS as “Experimental.”

14 CFR § 91.7 (a) Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety checklist prior to each flight an 

equivalent level of safety will be provided. 

14 CFR § 91.9 (b) Civil Aircraft Flight Manual in the Aircraft

This requires no person may operate an aircraft unless there is current approved flight manual 

for the aircraft on board. The UAS is to small and lightweight to carry a flight manual onboard. 

I request an exemption from the requirement to carry the aircraft flight manual onboard. To 

provide an equivalent level of safety, the UAS manufactures flight manual will be kept at the 

ground station and thus allowing the PIC immediate access. 

14 CFR § 91.103 Preflight Action

This requires the PIC be familiar with specific information before each flight such as weather, 

forecast and fuel requirements to ensure the safety of the flight. It also requires the PIC to be 

familiar with the information of the approved flight manual relating to aircraft performance and

take-off and landing distances. I am requesting exemption based on the UAS does not have fuel 

or a FAA-approved flight manual. To provide equivalent level of safety a pre-flight action of 

checking weather conditions, checking flight battery requirements, checking takeoff and 

landing distances will be preformed. 

14 CFR § 91.109 Flight Instruction
This regulation states “no person may operate a civil aircraft that is being used for flight 

instruction unless the aircraft has fully function dual controls.” I am requesting exemption 

based on the UAS does not have fully functioning dual controls. Instead, flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemption for flight training without fully functional 

dual controls for a number of aircraft for flight instruction in experimental aircraft. This 

exemption will therefore not adversely affect safety or will provide a level of safety equal to the 

existing rule. 

14 CFR § 91.119 Minimum Safe Altitudes

The regulation prescribes that, except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power 

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

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a

horizontal radius of 2,000 feet of the aircraft. (c) over other than congested areas. An altitude 

of 500 feet above the surface, except over open waters or sparsely populated areas. In those 

cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure.

The DJI Phantom 3 profession quad copter at most time would be operated at less than the 

minimum prescribed in paragraph (b) or (c) of this section. To provide the intended operations 

of the UAS is normally operated below 400 feet AGL. Additionally, due to the nature of the 

proposed operations, the UAS will maintain a lateral distance of at least 100 feet from 

inhabited structures, buildings, vehicles, and vessels, and from people not associated with the 

operation. 

Compared to flight of normal aircraft or rotorcraft weighing far more than the maximum 55lbs. 

proposed herein and the lack of flammable fuel, any risk associated these operations is far less 

than those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition to low-altitude operations of the small UAS will ensure separation between these small 

UAS operations and the operations of conventional aircraft that must comply with Section 

91.119. 

14 CFR § 91.121 Altimeter Settings

this requirement requires a person to maintain altitude by reference to an altimeter that is set 

to the elevation of the departure airport or barometric pressure. An exemption is required as 

the UAS does not have a barometric altimeter. Rather, the UAS utilizes GPS derived altitude. 

The applicant shall ensure the GPS system is operation al and active prior to each flight 
operation and shall monitor the altitude displayed, not allowing the UAS to operate above 400 

feet. 

14 CFR § 91.151 (a) Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering winds 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 t fly after that for at least 30 minutes; or (2) at night, to fly after that for at least 45 

minutes.” I am requesting an exemption based on that the UAS runs on battery instead of fuel, 

and that most of the UAS flights have less than a 30-minute capacity. Instead I propose a flight 

will not begin with less than a 75% charge and to operate the UAS until the battery reaches 30% 

(as determined by the onboard monitoring system). A landing sequence will be initiated at 30% 

warning and the UAS automatically initiates landing sequence at 15% charge while still under 

PIC control. Through implementation of these procedures, this exemption will not adversely 

affect safety or will provide a level of safety equal to the exiting rule. 

14 CFR § 91.405 (a); 407 (a)(1); 409 (a)(2); 417(a) & (b): Maintenance Inspections

This refers to maintenance, preventive maintenance, and alterations to the UAS. The operator 

will provide inspection and minor maintenance and inspection to the UAS, document as 

outlined in the operational and safety guidelines. Given the size and simplicity of the UAs 

combined with the operational and safety guidelines in this petition the operator can maintain 

or exceed the required level of safety. The UAS shall be inspected thoroughly prior to flight. 

PUBLIC INTEREST

Approval of the above exemptions and commercial operations of the UAS will benefit the public 

in many ways.

1. The commercial use of UAS for aerial photograph will reduce the need for manned 

aircraft. Less manned aircraft results in:

a. Less noise pollution

b. Less air pollution form burning of fossil fuels

2. Operation of UAS reduces the risk of life and property due to the small size of the UAS.

3. The use of the UAS can be rapidly deployed in the event of natural disaster or a search 

and rescue effort. 

MAKE AND MODEL OF UAS

DJI Phantom 3 Professional

 Weight (Including Battery and Propellers) 1280 g

 Diagonal Size (Including Propellers) 590 mm

 Max Ascent Speed 5 m/s

 Max Descent Speed 3m/s
 Intelligent flight battery system 4480 maH. Provides 23 min of flight time.

 The Phantom 3 supports geofence technology that restricts flight areas, preventing 

flight within critical areas of the NAS. 

 Features an Auto Return Home feature, enabling the aircraft to automatically return to 

the point of departure upon command if communications with the remote controller is 

lost or if the battery power is running low. 

APLICANTS SAFETY REQUIRMENTS

To assist the FAA in its safety assessment of the applicants proposed UAS operations, below is a 

summary of operational limitation and conditions which the applicant intends to follow to 

ensure the equivalent or higher level of safety. 

 The aircraft will be registered and marked in accordance with Section 44711 and Part 47 

and part 45, Subpart C.

 The aircraft will comply with maintenance and inspection requirements of the 

manufacturer. All repair and maintenance work will be conducted or approved by 

qualified personnel such as those authorized by DJI (or equivalent), and will require a 

test flight after such work. Records of all maintenance and repair work will be kept in a 

maintenance log for each aircraft.

 No operation of a UAS within 5 miles of an airport unless prior contact to Air Traffic 

Control or the airport manager has been made notified.

 All flight operations will comply with the following:

o The manufactures user manuals.

o Conducted in VMC conditions during daylight hours

o PIC will maintain VLOS at all times

o Pre-flight inspections (including ground control station, if any) and safety risk 

assessments will be conducted prior to each flight. 

 Remote Controller, aircraft battery, and mobile device are charged

 Propellers are mounted correctly and firmly.

 Micro-SD card has been inserted if necessary

 Gimbal is functioning as normal

 Motors can start and are functioning as normal

 DJI Pilot App connected to the aircraft 

o Flight altitudes will remain below 400 feet above ground level. 

o Flight ground speeds will not exceed 50 knots

o Not be made near persons as required in 14 CFR 91.119 and not over persons on 

the ground without their prior permission.

o Each flight will be logged in the aircraft logbook.

o Not exceed 70% of the battery or fuel capacity of the aircraft or 30 minutes, 

whichever occurs first. 

o Any incidents will be reported within 24 hours of occurrence

o All other applicable regulations concerned with the operation of the aircraft. 
 Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft with welldefined and tested lost link procedures. 

Thank you for your time in reviewing and considering my section 333 exemption.

Sincerely,

Fred Harrison