Introduction

I, Susan Ann Bickford of 10 Old Ox Road in Rochester NH 03868 petition the FAA for an 

exemption from various sections of 49 UC of Federal Aviation Regulations. I am the owner of 

New England UAV, LLC of 10 Old Ox Road, Rochester NH 03868 and have a licensed pilot 

associated with my company flying for me for the purposes of flying aerial photography, 

following approval of this request.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, I 

request certain exemptions in order to conduct commercial aerial surveys including still 

photographs and video using two unmanned aerial vehicles- a Phantom 2 Vision Plus and a 

Phantom 3 Advanced. 

Both aircraft have four DC motors with rotors, powered by a Lithium battery and managed by 

an on-board flight control system that is remotely accessed by the Pilot in Charge (PIC) using a 

portable control unit. 

The remote control unit is a wireless communication device using 5.8 GHz frequency band. 

Real-time viewing of the on board camera is enabled through a Wi-Fi video link within the 2.4 

GHz frequency band. Both frequencies are approved by the FCC for limited range 

communication purposes. 

The Phantom 2 Vision Plus and the Phantom 3 Advanced (known as Phantom 2 and Phantom 3 

respectively for this request) have a maximum payload of less than three pounds including the 

camera, has a maximum forward speed of 29.16 knots (not recommended by the 

manufacturer- my pilot would fly from 0-15 knots) and are managed by a sophisticated GPS 

control system that assures a Return to Home (RTH) procedure in the event of Loss of Signal 

(LOS). The same system can set maximum height and distance so the UAV does not exceed 

preferred parameters. In addition, the control systems have a No Fly Zone feature that will 

prevent takeoff from within Controlled/Restricted Airspace and warn the PIC of an impending 

intrusion while in flight. The manufacturer, DJI, regularly updates software and firmware. The 

latest versions, including the addition of Washington, DC area No Fly Zone, have been updated 

to include a 25km radius in Washington, DC (Attachments 1 Phantom 2 manual and release 

notes and Attachment 2 Phantom 3 Manuals and Release Notes.)

I, Susan Ann Bickford, will use the UAVs in daytime only to fly for commercial and public 

interests including solar companies and non-profit organizations in the areas of Strafford 

County New Hampshire and York County Maine. These flights will record information not easily 

obtainable by other means. The flights will be flown away from populated areas and nonparticipating persons will be kept at least 500 feet from the flight area. We will employ the use 

of additional Visual Observers and signage to help maintain this safety zone.

I will ensure my pilot operates the quad-copter in a safe manner, using the following pre-flight 

check list and operating procedures to determine that the aircrafts are physically and 
electronically ready for safe flight and that permission from the property owner/representative 

has been secured. I will be the Primary Observer in Charge (POC) and we will have a 

representative of the land owner with us during the flight operations. 

Pre-flight Checklist:

 Using our pre-visit site form (Attachment 3) Survey the property for hazards- tree, utility 

poles and other elements that might compromise the flight. Record other pertinent 

information such as contact for nearest airport, land owner/representative contact 

information, local Police/Fire contact information, sketch map and hazards, GPS 

Coordinates, ...).

 On the day of flight, notify the appropriate FAA facility of our launch location and 

schedule if required.

 Check and record the weather for wind speed, cloud cover, chance of precipitation and 

any forecast changes that might adversely affect flight safety and performance.

 Ensure the gimbal clamp and camera lenses are removed.

 Ensure all components of the UAVs are fully charged.

 Ensure the SD card is in place and the Smart Flight Battery is installed correctly.

 Ensure the propellers are on the right posts and are tight.

 Ensure the landing gear is functioning properly.

 Inspect the aircrafts for loose equipment, crack or stress points, and ensure the 

vibration dampeners are functioning and properly attached.

 Determine the barometric altimeter reads approximately 0 feet AGL.

 Ensure the Remote Controller is functioning properly and the mobile device is receiving 

the Wi-Fi signal.

Operative Procedures

My licensed pilot(s) will adhere to the following procedures:

 The PIC will only fly if there is a Primary Observer in Charge (POC) present who will be 

present for the preflight check list procedure. Other Visual Observers (VO) will be 

present as needed. The POC will assist the PIC in keeping the UAV within Visual Line of 

Sight (VOS) at all times. 

 Immediately upon take off, the PIC will hover the UAV at around 10 feet over the take 

off area, checking for any issues with communications and ensure the UAV has a good 

GPS lock (at least six satellites). 

 The PIC will not fly over dense traffic or crowded areas. 

 The PIC will give right of way to any manned- aircraft.

 The PIC will stay clear of FAA controlled airspace as well as restricted or prohibited 

zones.

 The PIC will stay clear of all clouds, fog, or any area that would inhibit VLOS.
 The PIC will only fly with permission of land owner or representative. He will not fly over 

abutting land unless permission has been granted.

 The PIC, POC and any other VO will ensure that people not involved with the flight are 

kept at a safe distance (500 feet if practical). 

 The PIC will conduct post flight inspection of the aircraft and controller, log the location 

and flight times, and view the video before leaving the site. 

I maintain that the above checklist and procedures will minimize risks to property and 

persons on the ground as well as other aircraft in the National Airspace.

My pilot is Michael Andrew Pilla, pilot license # 1337782 CFI. He has a total of 50 hours on 

the Phantom platform and hundreds more on various other RC aircraft. He holds a current 

Commercial, Single Engine Land and Sea, and Glider rating and also current on his aviation 

medical qualification and holds a current driving license. Mr. Pilla is also a Certified Flight 

Instructor, Instrument Airplane and Glider (expires 1/31/2016 and is renewing with AceFCI 

online FIRC). He is president of the Strawberry Patch RC pilots AMA Charter Club, and is 

proficient in designing and building multi-rotor and fixed wing model aircraft along with 

performing test flights for other AMA members. We continue to add hours weekly and log 

all flights and maintenance in pilot/aircraft logbooks.

I have been flying UAVs recreationally for three years, including 15.5 hours on the Phantom 

2 and 10.5 hours on the Phantom 3. I am a retired combat weather forecaster for the 

Massachusetts Air National Guard which supported fixed wing fighter and helicopter assets. 

The serial number for the Phantom 2 is PH645492860 with an N number of T0056384. The 

serial number for the Phantom 3 is P76DCH14A10657with an N number of N 619SB. 

Exemption Requests:

I respectfully request exemptions from the following regulations with which I cannot fully 

comply.

14 CFR

Part 21 Airworthiness Certification

Subpart H “prescribes the procedural requirements for issuing and changing deign 

approval, production approval, airworthiness certificated and airworthiness approval.” 

(Summation from Exemption No. 11138, page 11)

Response: “The Secretary of Transportation has determined that this aircraft meets the 

condition of Section 333. Therefore the FAA finds that the requested relief from 14 CFR 

part 21, and any associated notice certification and testing requirements of Part 36, is 

not necessary.” (Summation from Exemption No. 11138, page 11)
Part 61 (a)(b) Parts, General Operating and Flight Rules

(a) Prescribes the requirements for issuing pilots licenses and the privileges and 

limitations associated with various ratings.

(b) Aeronautical experiences means pilot time, flight simulator or flight training device 

for meeting the appropriate training and flight time requirements for an airman 

certificate.

Response: Organized or commercially available FAA-approved flight training has yet to 

be achieved by the UAV industry. My pilots sources of training are: The flight instruction 

manuals for both aircraft from DJI (Attachments 1 & 2); online videos from the 

manufacturer as well as videos from other users; and most importantly, personal 

training in a secure and safe location. Training flights encompass all safety checks, 

takeoff area hovering, and practicing the following procedures:

Signal loss and regaining remote control

Return to Home procedures

Following a prescribed flight plan

Emergency landing

Videography skill building (pan, crane, rotate around an object...)

Trouble shooting issues (joystick calibration error, Wi-Fi not working ...)

There are currently no FAA certified instructors or FAA certified study guides available. I 

respectfully request an exemption from this rule.

Part 91

§91.103 (b)(2) 

Summary: This section deals with the pilot’s preparations for flight, in particular runway 

lengths, takeoff and landing distance information

Response: Since the UAV takes off and lands vertically, this information would not be 

needed by the PIC. The FAA determined that “relief is not necessary.” (Summation of 

Exemption No. 11138, page 20)

§91.105

Summary: this section deals with flight crewmembers at stations.

Response: since there are no passengers, pilots or crewmembers, I respectfully request 

relief from this rule
§91.109

Summary: This section deals with flight instruction, simulated instrument flight and 

certain flight tests.

Response: None of these functions are applicable to a UAV flight and as stated earlier, 

there are no FAA certified instructors or study guides available at this time. I 

respectfully request relief from this rule

§91.119 (a)(b)(c)

Summary: this section deals with minimum safe altitude stating that if the power fails 

anywhere, an aircraft should have an altitude sufficient so that an emergency landing 

can occur without hazard to persons or property (91.119 a). It also sets minimum 

altitudes over congested areas and uncongested areas as well as including a paragraph 

on helicopters (91.119b). It also sets minimum distance (500 feet) from any person, 

vessel, vehicle or structure (91.119c).

Response: None of these altitude requirements in this regulation should apply to UAV 

flights since these aircraft are required to fly below these altitudes. Their weight, speed 

and GPS-controlled Return to Home feature mitigates against a catastrophic accident. A 

manned aircraft is much heavier and larger than a Phantom. If a Phantom were to crash, 

it carries no humans, no explosive fuel and since it flies primarily over a single piece of 

property, any damage would likely be minimal and confined to that area. As to keeping 

500 feet from any vessel, vehicle or structure, the purpose of aerial surveying is to fly 

close to the subject or structure of interest. The combined experience of me and my 

pilots is sufficient to insure the flight will be carried out safely. I respectfully request 

relief from this regulation

§91.121

Summary: This section details altimeter setting required to maintain the “cruising 

altitude or flight level of that aircraft.” It requires that the “elevation of the departure 

airport “be set in the altimeter or the “current reported altimeter setting of a station 

along the route and within 100 Miles of the aircraft”.

Response: A UAV cannot comply fully with this section’s altitude requirements. The two 

Phantom models are equipped with barometric altimeters which automatically 

calculates the takeoff altitude (0 AGL) when the aircraft is warmed up- the launch point 

becomes the “elevations of departure” point. The altitude of the UAV is visible in the 

control monitor (smart phone) by the PIC before launch and is consistently updated as 

the flight progresses. I respectfully request an exemption from this rule.
§91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other 

things, that “no person may begin a flight in an airplane under VFR conditions 

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

after that for at least 40 minutes (day) and 45 minutes (night).

Response: This regulation deals with the “reserve” fuel. This could include any condition 

that increases flight time or fuel consumption. Compliance with this regulation is not 

possible because the “fuel” on board the Phantoms is a DC battery with a max flight 

time of 25 minutes. Battery management of a UAV requires constant monitoring and 

returning to home before the manufacturers recommended 30 % level. I respectfully 

request an exemption from this rule.

§91.405

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable 

instruments.

Response: Maintenance of the Phantom 2 and Phantom 3 is ongoing and part of every 

pre- and post- flight inspection. Any major, non-routine maintenance will be performed 

by professional repair facilities. Currently, there are no required inspections by 

“authorized” maintenance personnel. I respectfully request an exemption from this rule.

§91.407

Summary: This section addresses the requirements after maintenance has been 

performed. Paragraph (b) refers to the prohibition of a pilot carrying passengers or 

crewmembers, if the flight characteristics have been substantially affected, before a 

rated pilot performs an operational check of the maintenance. 

Response: The Phantom2 and Phantom 3 are maintained before and after every flight. 

Actions are recorded in maintenance log books. The PIC is in charge of carrying out all 

operational checks on the UAV. I respectfully request an exemption from this rule.
§91.409

Summary: This section deals with necessity of annual and 100-hour inspections or 

“progressive inspections” and approval by authorized persons which will lead to the 

“issuance of an airworthiness certificate.”

Response: As stated earlier, there are no FAA approved inspection protocols nor 

authorized inspection personnel. The PIC handles inspections for every flight using the 

pre-flight check list. I respectfully request an exemption from this rule. 

§91.417

Summary: This section requires maintenance records be kept on repair, replacement 

and condition of vital parts (rotors, engines and airframes). Certain records must be 

retained for one year while other records must be kept with the aircraft even when sold. 

Response: The details of this section would be impractical with the Phantom 2 and 

Phantom 3. But repair issues are entered into the aircraft log. I respectfully request an 

exemption from this rule. 

The above requests for exemptions follow the guidance published by the FAA. 

Safety

The Phantom 2 and Phantom 3 have multiple safety features to assure a safe and efficient 

flight, minimizing the risk of personal injury and property damage, enabling them to integrate 

with minimal risk into the national airspace. They include:

 A GPS flight system that allows for stable control of the aircraft. The Phantom 3 has an 

advanced system that can also pick up the GLONAS satellites.

 The ability to hover in place by simply removing hands from controls. 

 A Return to Home (RTH) function if contact is broken between the aircraft and the 

controller. Any indication that the aircraft is showing unstable flight will result in the PIC 

landing the aircraft in the safest possible location immediately. 

 The ability to limit height, speed and distance from the PIC through the remote control 

software. 

 The ability to locate the UAV on live map on the smart phone. 

 The No Fly Zone control software which prevents take-off within a 5 mile radius of a 

major airport, as well as warnings if the aircraft approaches this safety zone while in 

flight. 

 A continuous readout of the battery’s state of charge ensuring sufficient power to 

return the aircraft to home. Also automatic audible warnings when the batteries get 

below critical values.