7/28/15

David C Erath Jr

DCE IT Services

2211 Dogwood Lane

Westbury, NY 11590

Cell: 516-350-8323 

Email: David.Erath@DCEITServices.com

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave

Washington, DC 20590

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

Attachments:

1) Phantom_3_Professional_User_Manual_v1.2_en

4) DCE IT Services Preflight Checklist

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 in the matter of the petition of 

DOUGLAS TRUDEAU 

2) FAA Exemption No. 11136, Regulatory Docket

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 David C Erath Jr, 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, 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 1-3.

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 an experienced UAS 

operator with the addition of a trained observer. All pre-flight inspection, maintenance and flight logs 

will be saved and made available to the FAA and Secretary of Transportation (SoT) for review; with the 

purpose of safely integrating civil UAS operation in the National Airspace System. 

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. The petitioner will primarily operate the UAS 

between ground level and 400 feet. The UAS will be operated over designated properties with the 

owner’s consent and while maintaining a safe distance from persons. The petitioner will compile flight

data from the logs. This data may assist the FAA in development of regulations for commercial 

operations in low-risk, controlled environments. 

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 is a highly successful consumer grade small rotorcraft in the quadcopter 

configuration with an advertised weight of less than 44 Ounces (1242g) designed primarily to carry aloft 

a high definition camera. It has an advertised maximum speed of less than 30 knots (15m/s) and a 

maximum climb rate of less than 1200 feet per minute (6 m/s). It is powered by four electric motors 

with a distance between motors of less than 14 inches (350mm). 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), 

distance from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for 

either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum 

altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 25 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 12 minutes. 

More information is available in attachment 1.

Risk mitigation 

The petitioner has reviewed FAA exemptions reference’s 1-3 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 (see attachment 4) 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. These documents will be made available 

to the FAA and SoT to assist in future implementation of safety standards and regulations. The 

petitioner will only operate the UAS over designated properties with the owner’s consent. Flight plans 

will be predetermined to limit the UASs flight time and limit safety concerns. The petitioner will take 

into account distance from persons and potential flight obstacles prior to operating the UAS. UAS 

operation will always be within VLOS of the PIC and the observer.

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. 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. 

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 or other means as required.

Conclusion 

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

videography, 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 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. The petitioner has 4 years 

of experience in the radio control model aircraft hobby, and 3 years of experience with at home flight 

simulation.

Respectfully submitted,

David C Erath Jr

DCE IT Services