December 8, 2015

U.S Department of Transportation Docket Management System

1200 New Jersey Avenue SE 

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR

91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14

CFR 91.151(a); 14 CFR 91.203(a) and (b); 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)

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 

CFR Part 11 of Unmanned Aircraft Systems (UAS), Mr. Dustin Pedder hereby applies for an exemption 

from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of:

Designated UAS, provided such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333.

Thank you, in advance, for your time, service, and consideration.

Commercial operation of this DJI Phantom 3 Professional UAS (as described herein) is equipped with a 

digital camera and ground sensors and is intended by applicant to provide professional services in the 

following fields:

1. Real estate

2. Search & rescue / disaster relief assistance

3. Crops / agriculture surveying

4. General landscape video and still photography

5. Events

As described fully below, the requested exemption would permit the operation of designated UAS as set 

forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) safe. Approval of this exemption would increase public awareness of UAS 

operations and enhance safety to aid in fulfilling the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.”

Name and contact information of applicant requesting exemption is as follows:

Dustin Pedder

41657 W Anne Ln

Maricopa, AZ 85138
dpedder@hotmail.com

909-641-0013

Applicant is requesting exemption of:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a)

14 CFR 91.405 (a)

14 CFR 91.407 (a)

14 CFR 91.409 (a)

14 CFR 91.417 (a):

Dustin Pedder will operate the following model UAS: DJI Phantom 3 Professional

Aircraft

Full payload weight, including battery and four propellers: 2.82 pounds or 1280 grams

Diagonal size (including propellers): 590 mm

Max ascent speed: 5 m/s

Max descent speed: 3 m/s

Hover accuracy:

• Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

• Horizontal: +/- 1.5 m

Max speed: 16 m/s (ATTI mode, with no wind)

Max altitude above sea level: 6000 m

Operating temperature: 0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens

FOV 94° 20mm (35mm format equivalent) f/2.8, infinite focus

ISO Range: 100-3200 (video) and 100-1600 (photo)

Shutter Speed: 8s -1/8000s

Image Max Size: 4000 x 3000

Video Recording Modes

• UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

• FHD: 1920x1080p 24/25/30/48/50/60

• HD: 1280x720p 24/25/30/48/50/60
Remote Controller

Operating frequency: 2.400 GHz-2.483 GHz

Maximum distance range: 2000m (unobstructed outdoor setting)

Video output port: USB

Operating temperature: 0°C- 40°C

Battery: 6000 mAh LiPo 2S

Mobile device holder for tablet or phone

Receiver Sensitivity (1%Per)

-101 dBm ±2 dBm

Transmitter Power (Eirp)

• FCC: 20 dBm

• CE: 16 dBm

Application approval should not pose any threats to national security issues or public safety. In regards 

to the level of safety surrounding the proposed operations and to the public benefit, reduction in 

environmental impacts, including but not limited to reduced emissions and noise, the grant of the 

requested exemption is still public interest in mind. Accordingly, applicant graciously requests that the 

FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. These limitations 

and conditions to which applicant agrees to adhere to when conducting commercial operations under 

the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. UAS will weigh significantly less than 55 lbs. This particular model, with battery and camera attached,

weighs less than 3 pounds.

2. The UAS will have a maximum operating speed of no more than 50 mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be less than 25 minutes. Flights will be 

terminated at 30% battery power reserve. 

5. Flights will be operated at an altitude of no more than 300 feet Above Ground Level (AGL) and not 

more than 200 feet above an elevated platform from which filming is planned. Operation location will 

be stationary and not in a moving vehicle.

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer

(VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 

hours on the designated UAS. PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. 

8. A safety and logistics briefing will be performed prior to each operation with all personnel involved 

with each flight (PIC, VO, and CO).

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a 5-mile radius of the geographic center or 

Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. The operator will do a pre-check of aircraft prior to each flight and will log each flight.

13. The operator will obtain verbal and/or written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the flight
operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as U.S. Department of Transportation required under the FOM. With the advanced

permission of the FSDO, operations at closer range may be approved. Documents and visible signage 

related to the planned flight will be available and visible at and around the location of operation of the 

UAS.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for 

the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. The PIC will abide by all rules.

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have 

the capability to return to a predetermined location and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an automated “return 

home and land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies such as low battery. All flights of UAS will give clearance and way for any manned aviation 

within the vicinity of operation.

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

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with 

the aircraft to be utilized 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 (49 U.S.C.§44701 (f) 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 particular 

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated 

hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and designated area.

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by 

both the operator and under the requirements and in compliance with local public safety requirements. 

These safety enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only the 

Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport 

category aircraft or experimental or provisionally certificated aircraft, the operator must also display on 

that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words “limited”, “restricted”, “light sport”, “experimental” or 

“provisional” as applicable Even though the UAS will have no airworthiness certificate, an exemption 

may be needed as the 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 UAS, two inch lettering will be impossible. The word 

“experimental” will be placed on the fuselage in compliance with §45.29 (f). US Department of 
Transportation February 20, 2015. The equivalent level of safety will be provided by having the UAS

marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the

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

14 C.F.R. § 61.113 (a) and (b) The proposed UAS operations may achieve an equivalent level of safety as 

achieved by current regulations because the applicant’s UAS does not carry any pilots or passengers nor 

property. It is believed that the operation and limitations set forth in the FOM will equate to the safe

operation of the UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil 

aircraft unless it is in 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 checklists prior to each 

flight, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No 

person may operate a U.S. registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight 

Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because there is no room 

or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate 

access to it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take certain 

actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM 

in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: 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. UAS and remotely piloted aircraft, by their design 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 FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The 

equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the 

aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of 

civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from 

which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the 

UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS 

is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed to operations 

without their pre obtained consent. The equivalent level of safety will be achieved given the size, 

weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without 
the permission of the property owner or local officials. Because of the advance notice to the property 

owner and participants in the filming activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or below 

500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS

operations and the operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to 

maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure 

airport or an appropriate altimeter setting available before departure.” As these UAS may not have 

barometric altimeters, but instead provide a GPS altitude read out, an U.S. exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live 

flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight. 

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

individual from beginning “a flight in an airplane under VFR conditions unless (considering wind 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 fly after that for at least 30 minutes; or (2) At 

night, to fly after that for at least 45 minutes.” The applicant believes that an exemption from 14 CFR

§91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will be 

allowed does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS. The applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 25 minutes or 30% of battery power, whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing zone from anywhere 

in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides 

in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has 

within it the following: (1) An appropriate and current airworthiness certificate... (b) 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 UAS fully loaded weighs well under the proposed 55lb limit and is 

operated without an onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the UAS. An equivalent level of safety will be achieved by 

keeping these documents at the ground control point where the pilot flying the UAS will have 

immediate access to them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations 

require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E 

of this part and shall between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter...” and others shall inspect or 

maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to 

aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will 

be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent 

level of safety will be achieved because the UAS is very limited in size and will carry a small payload and 

operate only in restricted areas for a limited period of time. If mechanical issues arise, the UAS can land 

immediately and will be operating from no higher than 300 feet AGL. The operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any 
maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An

equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS’s manufacturer's user manual. As provided in the FOM, and a link on last page, 

the operator will ensure that the UAS is in working order prior to initiating flight and perform required

maintenance needed.

Additional Information

The applicant, Mr. Dustin Pedder, believes this exemption request and associated safety considerations 

adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient 

justification for the granting of commercial operations of the applicant's UAS. The applicant, Dustin 

Pedder, graciously requests your respective approval of this Section 3 exemption petition.

Thank you again for your time, service, and attention to this exemption request. 

Sincerely,

Dustin Pedder, Applicant

DJI Phantom 3 Professional model – User Manual Link:

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf