December 21, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. , S. E. 

Washng ton, DC 20590 

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of2012 and 

Part 11 of the Federal Aviation Regulations. 

NameandAddressofpetitioner 

Phillip K. Pierce 

6741 Monahan Rd. 

Henrico, Virginia 

2323'1--

804-852-0708 office/cell 

flyboy4731 @outlook. com 

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

C.F.R Part 11 Phillip K Pierce, the Petlioner, request exemption from the following Federal 

Aviation Regulationshorderto legally operate an Unmanned Aircraft System (UAS) in the National 

Airspace System. 

Regulations from which the exemptions are requested: 

14CFR 21 H 

14 CFR 45.23 (b) 

14 CFR 61.113 (A) 7 (b) 

14 CFR 91.7:(a) 

14CFR91.9(b}(2) , .. , 

14 CFR 91 :'103 (b) 

14 CFR 9'1.1>9 i 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91'.409 {a) & (b) 

14 CFR 91.417'{8}& (b) 

14 CFR Title 14 Chapter 1Sub D Part 60 thru 67 - 61.1to 61.429 
The Petitioner wishes to be granted the exemption for use of the UAS of commercial operations list 

below. 

Applications and Operations: 

land Surveying and Mapping 

Agricultural crop Health Monitoring 

Construction site inspection 

Topography mapping 

Environmental Assessment 

location of Utilities 

Aerial Photography- real time 

The Petitioner believes the use of the UAS's is more economical and safer to use for the aforementioned 

~'>c.-~·~·""~·-i*Jfposes: Use ef the UAS rather than·a marmed aircraft·is·mere-eaonomical to the consumer, ·and 

benefic'ial to the general public due to ~s small size, low noise and minimal potential for accident. 

Characteristics of the Aircraft: 

The UAS to be used is the 3DR IRIS+ which has a small20 inch wingspan and ultra-light (payload capacity 

of .8 pounds) making this platform perfect for precision aerial mapping missions thanks to the on-board 

GPS and the related flight management software (Mission Planner) that allows the operator to plan 

safely and efficiently a mission, and then monitor ith real-time. The on board camera takes and 

collects high definition still images that are later used to generate maps and contour lines of the 

surveyed area. 

The four main characteristics of the IRIS+ are: 

1. Very lightWeight 

The IRIS+ is so light the operator can launch it by hand and let it land on almost any surface without 

requiring a parachute or landing net. Rs bw impact energy (in the case of a controlled emergency 

landing) also significantly reduces the risk: of hazardous situations. 

2. Electric-powered 

The IRIS+ is electric powered. A brush less engine technology makes it silent and reliable. 

3. Semi-automatic flight 

The artificial intelligence hcorporated within the IRIS+ aut9pibCsysiem continuously analyzes data from 

the onboard GPS and takes care of all aspects of the flight under the supervision of the operator. 

4. Option for Manual control 

Additionally, the IRIS+ provides an override capacity that allows the operator to take manual actions 

during the flight (Go to Home, Go land, Hold and Resume the mission) and also suspends automated 

operations and take manual control of the aircraft should it become necessary to respond to emergent 

circumstances, thanks to the remote controller provided with the system. 
Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation 

Regulations: The Petitioner requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of UAS's. 

14 CFR 21 H: Airworthiness Certificates 

Certification Procedures for Products and Parts 

Reason for Exception 

I has been determined that similar UAS's do not require an airworthiness certificate as granted in 

Exemption No. 11>23, 11>50, 11>64 and 11734. 

14CFR45.23 (b): MarkingoftheAircraft 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches f!)h. Additionally, the aircraft, must display the word "EXPERIMENTAL" in letters 

at least 2 hches hgh near the entrance to the cabin, co9kpit, or pibt station. 

"""'" ·~-"-· _,-.-., .. ~~Reason for Exception 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will not have entrance to a cabin, cockpit or pilot station on which the word "EXPERIMENTAL" can be 

placed. Given the size of the UAS, two-inch lettering will be mpossible. The word "EXPERIMENTAL" will 

be placed on the fuselage in compliance with 4529 (f). 

The FAA has issued the followirg exemptions to this regulation to Exemptions Nos.1 0700, 8738, 1>167 

and 1>167A. 

14 CFR 6113 (A) 7 {b): Private Pilot Privileges and Urtations 

The regulation provides that no person may serve as a required pibt fight crewmember of a civil aircraft 

of the United States, unless that person: (1) has a pilot certificate (which I do, private pilot certificate 

number 228782763) or special purpose authorization 

issued under this part in that person's physical possession or readily accessible. (2) The flight is only 

incidental to that business or employment. (3) The aircraft does not carry passengers or property for 

compensation or hire. 

Reason for Exception 

The Petitioner will follow all manufacturers' training program and safety manual. I also believe these 

requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA proposals have 

omitted this as a future requirement for small UAS's. 

14CFR 917 (a): CiviiAircraftAirwortmess 

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy 

condition. 

Reason for Exception 

I has been determined that similar UAS's do not require an airworthiness certificate, however the 

petitioner will ensure airworthiness through the combined use ofthe manufacture's Operations Manual 

and preflight checks. 
14 CFR 9'9 (b) (2): Civil Aircraft Fight Manual in the Aircraft 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual 

sin the aircraft. \Ne assume that the intent of this requirements to ensure that flight manual 

information is available to the aircrew while operating the aircraft. \Ne request an exemption to this 

requirementsince the aircraft is not only too small to carry documentation; the documentation would 

not be available to the crew. 

Reason for Exception 

The equivalent evel of safety will be maintained by keeping the flight manual at the gound control 

point where the pibt flying the UASwill have mmediate access tot The FSS has issued the following 

exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few. 

14 CFR 91.1)3 (b): Preflight hstruction 

This regulation requires each pilot in commend 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 

_,.. ""wrfi be reooed. -The Pet~ioner will take all actions lncfudlrg reviewing weather, flight battery 

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

14CFR91.'09: Flighthstruction 

The regulation provides that "No person may operate a civil aircraft that is being used for fight 

nstruction unless that aircraft has fully functioning dual controls." 

Reason for Exception 

UAS's and remotely piloted aircraft, by their design so 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. TheFAAhasapprovedexemptionsforflighttrainingwithoutfullyfunctionaldual 

controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption Nos. 

5778K & 9862A. The equivalent level of safety provided by the fact that neither a pibt nor passenger 

will be carried in the aircraft and by the size and speed of the aircraft. 

14 CFR 91.1 "B:Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 

500feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum 

of 400 feet AGL, we cannot comply with this requirement. 

Reason for Exception 

The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing 

.r~idential areas that may be considered congested area~._,IbatwiJI not always be the case when 

providirg a 'Property Survey' flight because they could be conducted over empty bts or acreages with 

no structures. In the case of flying over or near existing private property while providing aerial imagery, 

property inspections, and property assessments, landowners will be notified in person by the Petitioner, 

or by a card left behind by the Petitioner if requested. The Pet~ioner will review with the landowners of 

associated risks to people and property. Due to the small size of the UAS the associated risk to persons, 

vessels, vehicles and structures is not comparable to manned aircraft and should be taken into 

consideration. 
14 CFR 91.121:Aitimeter Settings 

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 

'B,<XX> feet MSL. 

Reason for Exception 

Most UAS do not have a barometric altimeter. f does have a GPS that will calculate altitude. The 

Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11323, 

1"'564, and 11734. 

14 CFR 90.151 (a) Fuel Requirements for Fight in VFR Condtions 

Fuel requirements for flight in VFR conditions: (a) No person may begin 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 east 30 minutes. 

Reason for Exception 

The UAS provides a bw battery warning to hdicate when you should return the UAS to the launch point. 

In addition, a "low" and "critical" battery level warnings and implemented a "return to Home" (or "Go 

Land") action in these situations. The PeUioner wi II not inliate a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and all flights will be conducted during day! ight hours and at times not to be a nuisance to 

others. 

14 CFR 91203 (a) & (b): Carrying Civil Aircraft CertifiCation and Reg,tration 

This regulation provides as follows: 

• No person may operate a civil aircraft unless it has an appropriate and current 

airworthiness certificate. 

• 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 1l715 

is displayed at the cabin or cockpit entrance so that it is egible to passengers or 

crew. 

Reason for Exception 

To obtain an equivalent level of safety and meet the intent of 91203, documentation will be housed at a 

ground control point where the pilot is flying the UAS for in mediate access to the extent they are 

Applicable to the UAS's. In doing some research the FAA has issued numerous exemptions to this 

re,gulation. 

14 CFR 91:405 (a): IVIaintenance Inspections 

Each owner or operator of an aircraft -(a) shall have that aircraft nspected as prescribed in Subpart E of 

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

have discrepancies repaired as prescribed h part 43 of this chapter. 

Reason for Exception 

The Petitioner shall inspect the aircraft prior to every flight. The PeUioner also will follow the 

manufacturer's recommended preflig~t checklist and make any repair necessary before flights occur. 

The Petitioner will also maintain a log of any maintenance or repairs performed. 
14 CFR 91.407 {a) {1): Maintenance 

Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may 

operate any aircraft that has under gone maintenance, preventative maintenance, rebuitting, or 

alteration unless (1) it has been approved for return to service by a person authorized under 43.7 of this 

chapter. 

Reason for Exception 

The Petitioner who has the responsibility for the operation and safety of the UAS will follow the 

manufactures suggested replacement parts. 

14 FR 91:409 (a){l) & (2): Inspections 

Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the precedirg 12 calendar months, it has had (1) an annual inspection in accordance with 

part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 of 

this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with 

part 21 of this chapter. No inspection performed under paragraph (b) of this section may be 

substituted for any inspection required by this paragraph unless it is performed by a person authorized 

to perform annual inspections and is entered as an "annual" inspection in the required maintenance 

records. 

Reason for Exception 

The Petitioner will follow manufacturer's suggestions to ensure that the UAS 5 in a condition for safe 

flight at all times. 

14 CFR 91:417 (a) & (b): Maintenance Records 

Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator 

shall keep the following records (l)(i) (iQ(iiQ (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph (b) 

of this section:( 1) (2) (3) 

Reason for Exception 

The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to use 

approved manufactured parts for all repairs and modifications. 

14C FR Title 14 Chapter 1Subchapter D Parts60thru 67 -61.1to 61429: PilotCertification 

This section pertains to flight rules, pibt certificate requirements, manuals, etc. 

Reason for Exception 

The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights and 

current FSS proposals have omitted this as a future requirement for small UAS's. 

In Conclusion: ~ 

I, Phillip k. pierce, the Petitioner request'tfr exemption from the above mentioned Federal Aviation 

Regulations inordertoegallyoperatean Unmanned Aircraft System (UAS) in the National Airspace 

System in order to perform the Applications and Operations pertaining to my work in a safe and 

controlled environment. 

Sincerely; 

Phillip K Pierce 

6741 Monahan Rd. 

Henrico, Virginia 

23231 

804-852-0708 office/cell 

flyboy4 731 @outlook. com