December 23, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 

SUBJECT: Section 333 Petition for Exemption 14 CFR § 11.81 Electronic Submittal- Via FDMS 

Website 

Dear Staff: 

This letter serves as a petition for exemption from specific rules contained in Title 14 of the Code of 

Federal Regulations (14CFR), regarding the operation of a small, unmanned aircraft system (small UAS) 

in the National Airspace System (NAS). This petition has been prepared and filed in accordance with 14 

CFR § 11.81. 

Operation of the Unmanned Aircraft 

The UAS will be used for civil operations by myself, a professional environmental scientist, for the 

propose of conducting site reconnaissance and mapping services for both public and private civil 

construction and engineering projects. The UAS will be used to gather aerial still photography, and 

videos for use in engineering. 

These operations will benefit the public as a whole by enabling enhanced acquisition of existing data for 

use in the preparation of detailed engineering studies. Aerial photography would also serve as a historical 

record, which is commonly shared with federal, state, and local agencies. 

We intend to implement all of the Operational Limitations, outlined in Proposed Part 107 of the Notice of 

Proposed Rulemaking (NPRM), at a minimum. These limitations will ensure the same level of safety 

offered by the rules for which the exemption is sought. By adhering to the Operational Limitations, the 

proposed UAS operation will minimize risk to the NAS, and to persons and property on the ground. The 

UAS will be operated in Class G airspace only, and flights will not exceed 400 feet in elevation above 

ground level, and in most cases will be flying at lower elevations. 

Operations will be limited to daylight only in Class G airspace, using visual line of sight (VLOS), in 

sparsely populated areas. Operations will also remain: 

5 nautical miles (NM) from an airport having an operational control tower; or 

• 3 NM from an airport with a published instrument flight procedure, but not an operational tower: or 

• 2 NM from an airport without a published instrument flight procedure or an operational tower; or 

• 2 NM from a heliport with a published instrument flight procedure. 

Prior to each flight, the Pilot In Command (PIC) will perform a preflight inspection of the UAS, and 

follow the manufacturer's preflight checklist. In addition, an UAS User Manual will also be available for 

each flight. 

The UAS specifications can be found in the DJI Phantom# Professional User Manual. The aircraft loads 

will include a video camera, and intelligent flight battery, and are included in the total weight of the 

aircraft, which is roughly 3 lbs. The UAS Safety Guidelines also provide recommendations for the safe 

operation of the UAS, and potential hazards. 

I registered the UAS with FAA yesterday. The UAS certificate number is FA3K4ANNLA. 
Unmanned Aircraft Pilot in Command (PIC) 

The Pilot in Command (PIC) will be a suitably trained person capable of safely flying the UAS. The PIC 

will assume the final authority and responsibility for the operation and safety of the flight. They will also 

be responsible for staying abreast of the latest FAA regulations, through the "Know Before You Fly" 

program. 

Unmanned Aircraft System 

The UAS will be DJI Phantom 3 Professional, which is manufactured by DJI. All manufacturers 

recommendations related to safety guidelines will be referenced to ensure the safe operation of the small 

UAS in the NAS. This includes all DJI instructional videos and written Safety Guidelines for the 

Phantom 3. 

Our PIC will implement the Operational Limitations outlined in Proposed Part 107 of the Notice of 

Proposed Rulemaking (NPRM), Volume 80, No. 35 of the Federal Register, dated Monday, February 23, 

2015. 

Maintenance and repair will be performed as necessary, and a maintenance record will be recorded in a 

repair logbook. This will ensure that the UAS is in a safe condition for flight. The Maintenance Manual 

for the Phantom 3 will be used as a reference, and has been included in this submittal. The UAS has been 

registered with FAA as indicated above. 

Rules for which we eek exemption are summarized below, and include: 

1) 14 CFR, Part 21, Subpart H- Airworthiness Certificates 

This section pertains to requirements for the issue of airworthiness certificates. Proposed Part 107 of the 

NPRM concluded that, requiring small UAS operators to conduct inspection and maintenance of the small 

UAS pursuant to the existing regulations of 14 CFR Part 43, or to obtain a permit to operate (PTO), 

would not result in significant safety benefits. 

2) 14 CFR, Part 61 § 61.23(a) and (c)- Medical Certificates 

This regulation provides that a PIC must maintain and hold medical certificates. II believe that medical 

certificates are not necessary to protect the public safety with the proposed UAS. However, I receive 

annual first aid and CPR refresher training once per year with my employer. 

3) 14 CFR, Part 61 § 61.101(e)(4) and (5)- Recreational Pilots 

This regulation provides that no person that holds Recreational Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. My proposed sUAS operations require that the PIC 

(me) must be adequately trained in the use of an U AS and since the aircraft cannot carry passengers or 

property, I feel that it meets the intent of 61.101 even though the intent of this application is to conduct a 

business. 

4) 14 CFR, Part 61 § 61.113(a)- Private Pilot 

This regulation provides that no person that holds Private Pilot certificate may act as pilot in Command of 

an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of 

an aircraft in connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire. My proposed sUAS operations require that the PIC must be adequately trained in the use of an UAS 

and since the aircraft cannot carry passengers or property, I feel that it meets the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business. 

2 
5) 14 CFR, Part 61 § 61.315(a) - Sports Pilot 

This regulation provides that no person that holds a Sports Pilot certificate may act as pilot in Command 

of an aircraft for compensation or hire. My proposed sUAS operations require that the PIC must be 

adequately trained in the use of an UAS and since the aircraft cannot carry passengers or property, I feel 

that it meets the intent of 61.101 even though the intent of this application is to conduct a business. 

6) 14 CFR, Part 91 § 91.7(a)- Civil Aircraft Airworthiness 

This regulation prohibits the operation of an aircraft without an airworthiness certificate. I seek an 

exemption from 14 CFR §91.7 which requires that a civil aircraft have an airworthiness certificate to 

operate. 

7) 14 CFR, Part 91 § 91.9- Civil Aircraft Flight Manual 

The regulation provides that no person may operate an aircraft unless a current, FAA-approved flight 

manual, approved manual material, markings and placards or any combination thereof is in the aircraft. I 

propose that a current, approved sUAS Flight Manual be available to the crew at the ground station 

anytime the aircraft is in, or preparing for flight. In addition, I have already marked the Phantom 3 with 

the FAA-provided Small UAS Certificate number ofFA3K4ANNLA. 

8) 14 CFR, Part 91 § 91.103 -Preflight Action 

This section pertains to preflight actions for IFR flights, and reviewing information related to runway 

lengths, and takeoff and landing distances. The small UAS will never be flown under IFR conditions, and 

takeoff and landing distances are not a factor on a rotorcraft. The small UAS will undergo a preflight 

assessment, which will include: (1) local weather conditions; (2) local airspace and flight restrictions; (3) 

the location of persons and property on the ground; (4) any other ground hazards. 

9) 14 CFR, Part 91 § 91.109 - Flight Instruction 

This section pertains to aircraft being used for flight instruction. The small UAS will not be used for 

flight instruction. 

10) 14 CFR, Part 91 § 91.119- Minimum Safe Altitudes 

This section pertains to minimum altitudes for flight, which are a minimum of 500 feet above the surface, 

and greater. The small UAS will be flow at a maximum altitude of 400 feet above the surface. This rule 

would not be applicable to Proposed Part 107 ofthe NPRM. 

11) 14 CFR, Part 91 § 91.121 - Altimeter Settings 

This section pertains to cruising altitudes and flight levels as referenced by altimeter settings. In addition, 

the rule pertains to flights that are above a minimum altitude of 500 feet. The small UAS does not 

contain an altimeter, and will be flown at a maximum altitude of 400 feet. This rule would not be 

applicable to Proposed Part 107 of the NPRM. 

12) 14 CFR, Part 91 § 91.151 -Fuel Requirements for VFR Conditions 

This section pertains to fuel requirements in VFR conditions when flying an aircraft to the first point of 

intended landing. The small UAS will be flown on battery power, and will remain within a visual line of 

sight (VLOS) at all times. This rule would not be applicable to Proposed Part 107 of the NPRM. 

13) 14 CFR, Part 91 § 91.203(a)(1)- Civil Aircraft Certifications 

This section pertains to airworthiness certificates originally designed for manned aircraft. It is not 

practically feasible for small UAS manufacturers to complete the certification process required of manned 

aircraft. Proposed Part 107 of the NPRM has accommodated non-recreational small UAS use through a 

certificate of waiver or authorization (COA). The UAS is registered with the FAA, and a COA would be 

3 
requested subsequent to the Section 333 exemption process. 

14) 14 CFR, Part 91 § 91.405- Maintenance Required 

This section pertains to the maintenance of manned aircraft. Proposed Part 107 of the NPRM concluded 

that, requiring small UAS operators to conduct inspection and maintenance of the small UAS pursuant to 

the existing regulations of 14 CFR Part 43, or to obtain a permit to operate (PTO), would not result in 

significant safety benefits. 

15) 14 CFR, Part 91 § 91.407- Operation after Maintenance, Preventative Maintenance 

This section pertains to aircraft maintenance, preventative maintenance, and alterations for manned 

aircraft. The small UAS will not carry persons, and will not be altered to change flight characteristics. 

16) 14 CFR, Part 91 § 91.409- Inspections 

This section pertains to manned aircraft inspections. Proposed Part 107 of the NPRM concluded that, 

requiring small UAS operators to conduct inspection and maintenance of the small UAS pursuant to the 

existing regulations of 14 CFR Part 43, or to obtain a permit to operate (PTO), would not result in 

significant safety benefits. 

17) 14 CFR, Part 91 § 91.417- Maintenance Records 

This section pertains to maintenance records for manned aircraft for the 100 hour, annual, and progressive 

periods. These rules are impractical for a small UAS, and would not result in significant safety benefits. 

Maintenance records for the small UAS will be kept as required. 

Summary of Rules for Exemption 

Sections of 14 C.F.R Sections 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.103, 91.119(c), 91.121, 91.151(a)(l) & (b), 91.203, 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 

91.417(a) & (b). 

Description of Relief Sought 

I am seeking an exemption to commercially operate a small unmanned aircraft system (sUAS), 15 pounds 

or less including payload, to perform various operations which include, but are not limited to: aerial 

acquisition and research in support of public and private engineering projects, aerial photography, local 

infrastructure, engineering studies, flood studies and floodplain modeling, mining, and surveying. 

Conclusion 

Due to their light weight, small unmanned aircraft generally pose a significantly lower risk to people and 

property on the ground, as compared to manned aircraft. The size, weight, speed, and capability of the 

Phantom 3 UAS will not create a hazard to the users of the NAS or the general public, nor will it pose a 

threat to national security. Granting this request for exemption would not adversely affect safety, and 

would be in the public interest. 

The UAS is registered with the FAA, and upon receiving a grant of exemption a "blanket" 400 foot 

Certificate of Waiver or Authorization (COA) would be requested. 

88 Riley Mountain Road 

Coventry, CT 

ero~ 4~co~c:>z.51 4