To

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, S.E.

West Building Ground Floor, Room W12-140

Washington, DC 20590

Subject

Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 

and 14 CFR Part 11.81 of the Federal Aviation Regulations

Date

September 16, 2015

Petitioner

Henry J. Sommer

2378 Nantucket Circle

State College, PA 16803

Email: anvilus9@comcast.net

1. Petition

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 

11.81, Henry Sommer applies for an exemption from the listed Federal Aviation Regulations 

(FAR) to allow commercial operation of small unmanned aircraft systems (sUAS) named below 

for photography, cinematography and photogrammetry applied to inspection of real estate, 

construction activities, industrial sites, agriculture and golf courses. All operations will be 

conducted under conditions outlined by the FAA in Section 333.

2. FAR sections from which exemptions are requested

a. 14 CFR 21 subpart H

b. 14 CFR 45.23

c. 14 CFR 61.113

d. 14 CFR 91.7

e. 14 CFR 91.9

f. 14 CFR 91.103

g. 14 CFR 91.105

h. 14 CFR 91.109

i. 14 CFR 91.119

j. 14 CFR 91.121

k. 14 CFR 91.151

l. 14 CFR 91.203

m. 14 CFR 91.405

n. 14 CFR 91.407

o. 14 CFR 91.409

p. 14 CFR 91.417
3. Relief requested

a. Henry Sommer proposes to operate sUAS for commercial purposes to include (but not limited 

to) photography, cinematography and photogrammetry applied to inspection of real estate, 

construction activities, industrial sites, agriculture and golf courses. This relief is requested

because commercial use of sUAS is prohibited by FAR unless performed under an 

exemption.

b. This proposal includes use of the following sUAS, all of which are battery powered quadrotor 

aircraft that weigh less than 55 pounds and have been approved in previous exemptions.

i. DJI Phantom 2 Vision Plus

ii. DJI Phantom 3

iii. 3D Robotics Iris+

iv. 3D Roobotics X8+

4. Public benefit

a. Use of sUAS technology to obtain images, information and data currently obtained by

manned flight or manual methods:

i. Reduces risk to human life due to manned aircraft accidents and due to other 

dangerous activities that can be avoided (e.g. ladders, scaffolding, rigging)

ii. Reduces the cost of obtaining such information, which benefits consumers and the 

economy.

iii. Reduces environmental impact by eliminating sources of hydrocarbon emissions 

from manned aircraft

5. Precedence

a. This application is similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213.

b. All aircraft and flight operations will comply with conditions and limitations specified in most 

recent Grant of Exemption Nos. 12839 and 12845 dated September 14, 2015.

6. Safety not adversely affected

a. All aircraft will comply with maintenance and inspection requirements of manufacturers. All 

repair and maintenance work will be conducted following manufacturers' user manuals and 

will use replacement parts authorized by manufacturers.

b. Pre-flight inspections will be conducted prior to each flight.

c. The Pilot in Charge (PIC) and Visual Observer (VO) will maintain visual line of sight 

(VLOS) with the aircraft at all times.

d. The PIC and VO will maintain direct verbal communication at all times.

e. Flights will only be conducted in daylight.

f. Flights will stay below 400 feet above ground level (AGL).

g. Ground speed will not exceed 50 knots.

h. Flights will not intrude into Class B, C or D airspace.

i. Flights will not be made near or over persons on the ground without their prior permission.

j. All aircraft have battery level indicators and will not be operated with less than 25% battery 

capacity.

k. All aircraft have automatic return-to-home firmware that will activate in the event of loss of 

radio communication.
l. All aircraft have capability for the PIC to abort a flight in case of unpredicted obstacles, 

weather, or emergencies.

Please advise of any additional information or changes that may be required.

Sincerely,

Henry Sommer