Joseph A Tolhurst August 11, 2015

141 East Ave

Syracuse, NY 13224

Cell (315) 395-8052

Email: tekwiz33@verizon.net

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: These attachments are too large for submission via the submission portal.

They are available at this website for viewing or download.

http://www.dji.com/product/phantom-3/download

1) Phantom 3 Professional User Manual

2) Phantom 3 Professional Quick Start Guide

3) Phantom 3 Safety Guidelines and Disclaimer

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481in

the matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in

the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355in

the matter of the petition of FLYING CAM INC

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption

under section 333 of the FAA Modernization and Reform Act of 2012, I, Joseph A. 

Tolhurst, referred to hereafter as the petitioner, request exemption from the following

sections of Title 14, Code of Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409

(a)(1); 91.409(a)(2); 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in

airspace regulated by the Federal Aviation Administration (FAA) for the purposes of

aerial photography, cinematography, videography, mapping, crop surveying, inspections

and other flight operations that could be performed safely and more cost effectively with

the use of small UAS at low altitude within the U.S. national airspace system as

compared to a manned aircraft. Operations will be performed only at the request of and

with the authorization and permission of clients or their authorized agents in order to

facilitate commerce and raise awareness of the beneficial uses of small unmanned air

systems. 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. The

conditions identified and proposed by the petitioner are drawn from references 13.
The FARs

The petitioner seeks exemption from the above mentioned FARs for the following

reasons;

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization

of pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating under

this exemption would be required to comply with any conditions as set forth and in a

similar fashion to the previously granted exemptions.

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations

conducted closer than 500 feet to the ground may require that the UA be operated

closer than 500 feet to essential persons, or objects that would not be possible without

additional relief. The petitioner requests modification, waiver or exemption and

clarification concerning the terms “congested areas” and “densely populated”. The

petitioner requests waiver for this condition to allow reasonable and responsible

operations in areas of subdivisions and neighborhoods if required

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable

since the UAS does not have an altimeter and instead utilizes electronic GPS with a

barometric sensor for altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION

SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less

than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In

addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808,

and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in

percent to the PIC. The UA batteries provide approximately 25 minutes of powered

flight. Information provided in the operating documents discusses procedures regarding

remaining battery power management. Those documents contain a condition in which

the PIC will initiate a landing procedure when battery remaining reaches a specified

level. Given the limitations on proposed operations and the location of those proposed

operations, The FAA found that a reduced minimum power reserve for flight in daytime

VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in

Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and

ensure that the UAS is in a condition for safe flight in accordance with the operating

documents. The FAA found that adherence to the petitioner’s operating documents and

the conditions and limitations specified, describing the requirements for maintenance,

inspection, and recordkeeping, were sufficient to ensure that safety would not be

adversely affected.

The UAS

The DJI Phantom 3 Professional plus is a recently released successor to the DJI

Phantom 2 series, a consumer grade small rotorcraft in the quadcopter configuration

with an advertised weight of less than 46 Ounces (1280g) designed primarily to carry

aloft a high definition camera. It has an advertised maximum speed of less than 32

knots (16m/s) and a maximum climb rate of less than 1000 feet per minute (5 m/s). It is

powered by four electric motors with a distance between motors of less than 12 inches
(289.5mm) It utilizes an internal inertial measuring unit (IMU) with integrated barometric

sensor augmented with global positioning system (GPS) to maintain its geospatial

orientation and position. It is controlled primarily through an FCC certified radio control

(RC) unit. Real time video and telemetry information is transmitted back to a ground

control station allowing the operator and/or PIC to monitor battery level, GPS signal

strength, altitude (AGL), and distance from PIC, camera imagery, and control camera

angle. It has failsafe modes of operation for either loss of RC or GPS signal. The

onboard flight controller can limit altitude and maximum altitude can be preprogrammed

by the PIC. Battery life limits flight times to approximately 23 minutes. The onboard flight

controller will warn the pilot via telemetry and external lighting cues before reaching a

low battery state. An automatic termination of flight and landing will be initiated when the

battery reaches a predetermined low state. It is anticipated that flights will usually last

less than 10 minutes. More information is available in attachment 1 or

http://www.dji.com/product/phantom3

Risk mitigation

The petitioner has reviewed FAA exemptions reference’s 13 Conditions and

Limitations section and believes that the procedures specified therein are reasonable

and will be utilized in order to manage and mitigate risk and ensure public safety. A

preflight checklist will be developed and employed to ensure that the UA airworthiness

will be verified before launch. Airworthiness will be maintained by performance of

routine inspections before each flight, maintaining flight and maintenance logs to record

time on failure prone components.

The petitioner request that in a manner similar to reference 3, he be allowed to

operate within 5 miles of an airport provided that;

“The UA may not operate in Class B, C, or D airspace without written approval

from the FAA. The UA may not operate within 5 nautical miles of the geographic

center of a non towered airport as denoted on a current FAA published

aeronautical chart unless a letter of agreement with that airport’s management is

obtained, and the operation is conducted in accordance with a NOTAM as

required by the operator’s COA. The letter of agreement with the airport

management must be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the

petitioner is requesting a mechanism to facilitate such activities without requesting a

new and separate exemption(s) should the need arise. Operations within class B

airspace are not requested due to the lack of mode C transponder.

Public interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the

environmental impact as compared to similar operations conducted with manned aircraft

of greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS

in order to facilitate commerce could lead to economic growth. Operations for this

petition will enable service for property owners or their designees seeking an enhanced

perspective for characteristics, amenities, and benefits of their desired photographic

subjects that cannot be displayed through ground level videography/photography. Aerial

photography is a valuable marketing tool that can lead to increased commerce and

enhance personal photography. Crop surveying applications could lead to decreased

use of pesticides and fertilizer and conservation of water as well as increased crop
yields and decreased costs. Aerial surveying and inspections can increase work site

efficiency, improve volumetric estimations and reduce risks. The petitioner will provide

clients with photographic data for these purposes on a ‘for hire’ basis acting as an

independent contractor. A visual observer will be utilized. Liability insurance will be

obtained commensurate with the granting of this request for exemption. Flight data

including UA flight time, Control Unit operation time, incident, accident, and details

concerning any deviations from normal operations will be available to FAA for use in

collecting data regarding the use of UAS as part of this application. This data may be

submitted to FAA via traditional means, e.g. COA Monthly Reports, or other means as

required.

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial

photography, cinematography, videography, mapping, crop surveying, inspections and

other flight operations”. The reason for such a general and broad based request is that

the petitioner wishes to utilize a business strategy of horizontal integration and

maximize economies of scope in order to capitalize on opportunities as they may arise

in the future without the long turnaround time associated with additional exemptions.

The petitioner's business model is based on the idea of offering ad hoc small UAS

services to individuals or companies who wish to employ these services as a safe,

effective, and legal option to enhance their business or hobby. The petitioner’s own

market research shows pent up demand for these services currently exists in the real

estate market and other markets are just beginning to emerge. The petitioner has

refrained from engaging in commercial use of the UAS. The primary purpose of seeking

this exemption is to obtain the capability to offer those services while remaining

in compliance. 

Sincerely,

Joseph A. Tolhurst