Stephen L. Blenkhorn , ·' 

36 Sunset Vista Road 

P.O. Box 53 

Edgecomb, ME 04556 

Mobile 310-309-2425 

email-lapilot@yahoo.com 

Re: Docket No. FAA-2015-5327 

U.S. Department of Transportation 

Docket Management Group 

1200 New Jersey Ave., SE 

Washington, DC 20590 

February 9, 2016 

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); 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) and (b); 14 

CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(l) and (2); 14 CFR 

91.417(a) and (b) 

Dear Sir or Madam: 

Pursuant to Section 3 3 3 of the FAA Modernization and Reform Act of 20 12 (the 

"Reform Act") and 14 CFR Part 11, Stephen L. Blenkhorn, operator of Small Unmanned Aircraft Systems (sUAS) seeks an exemption from the listed Federal Aviation 

Regulations ("F ARs") to allow commercial operation of its sUAS, 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. 

SUMMARY 

Stephen L. Blenkhorn, seeks exemptions from Title 14, Code ofFederal Regulations§§ 

61.113 (a) and (b),91.7 (a),91.119,91.121,91.151(a),91.405 (a),91.407 (a)(1),91.409 (a) 

( 1) and (2),91.417 (a) and (b) to operate a DJI PHANTOM 3 Professional quadcopter 

sUAS for the purpose of conducting aerial photography and/or video for public and/or 

private use including real estate, architecture, land surveying, engineering and other related professional activities. 
INTRODUCTION TO PETITIONER 

Stephen L. Blenkhorn specializes in capturing and producing high quality videographic 

and photographic images for clients. Stephen L. Blenkhorn seeks an exemption to use 

a DJI Phantom 3 Professional quadcopter to commercially capture video and photographic images while working on private/public property with owner and/or agent consent. Stephen L. Blenkhorn will utilize a Visual Observer (V.O.) while maintaining Visual Line of Sight (V.l.O.S.) between the quadcopter and the UAV operator. The areas 

where Stephen L. Blenkhorn conducts aerial photography is predetermined which allows for a controlled environment to operate safely. 

BASIS FOR PETITION 

Stephen L. Blenkhorn pursuant to the provisions of the Federal Aviation Regulations 

(14 C.F.R. §11.61) and the FAA Modernization and Reform Act of2012,Section 

333,Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the DJI PHANTOM 3 Professional sUAS within the National 

Airspace System, and for an exemption from the requirements of 14 C.F.R.§§ 61.113 (a) 

and (b), 91.7 (a),91.119,91.121,91.151(a),91.405 (a),91.407 (a)(l), 91.409 (a)(l) and (2), 

91.417 (a) and (b). 

Name and Address of The Petitioner 

Stephen L. Blenkhorn 

36 Sunset Vista Road 

P.O. Box 53 

Edgecomb, ME 04556 

Mobile 310-309-2425 

email-lapilot@yahoo.com 

Commercial operation of the UAS, which is equipped with cameras and sensors, 

would operate in the following manner: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering. 

3. Aerial inspection/photography of residential/ commercial structures under contract with the owners or local government authority. 
4. Aerial video/photography or video including live video feed to assist with search 

and rescue operations in cases of an emergency or natural disaster. 

5. Offer training to persons or private/public organizations that have interests in the use 

and application of sUAS for the purpose of enhancing the safety of the National 

, Airspace System (NAS) 

The DJI PHANTOM 3 Professional 

The DJI Phantom 3 Professional is a quad-rotor Small Unmanned Aircraft System 

(sUAS) weighing less than 3 pounds. The Pilot in Command (PIC) controls the sUAS 

with a handheld multi function remote control in conjunction with a live video feed from 

the sUAS mounted High Definition camera viewed on a smartphone or tablet computer. 

The PIC is also in constant visual Line Of Sight contact with the sUAS. 

The DJI Phantom 3 Professional can maintain its positioning in 3D space and report via 

a map on the live feed screen by utilizing a minimum of 6 GPS satellites and normally 

uses up to 16 different GPS satellites for its positioning. It also features a safety 'Return 

to Home' function. In the event of a signal loss from the remote controller, the sUAS 

will return to a preset position and land. The Return to Home feature can also be invoked manually by the PIC. 

The Phantom 3 Professional can fly at approximately 26kts. Stephen L. Blenkhorn 

rarely will have the need to operate at a speed greater than 1 Okts. The Phantom 3 Professional is powered by a lithium polymer battery. This battery gives the Phantom 3 Professional approximately 18 minutes of flight time with its attached payload of a 12 mega 

pixel camera. It will be operated in line of sight within a predetermined area as requested 

by the property representative. 

As described fully below, the requested exemption would permit the operation of a 

sUAS under controlled conditions in the NAS that would be limited and predetermined, and will provide safety enhancements to the present aerial imaging market that 

currently use conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill 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." 
Attachments: These attachments are too large for submission via the submission portal. 

They are available at this website for viewing or download. 

http://www.dji.com/product/phantom-3-pro/info 

1) Phantom 3 Professional User Manual 

2) Phantom 3 Professional Quick Start Guide 

3) Phantom 3 Safety Guidelines and Disclaimer 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations allows for a higher level of safety of the persons and/or property than by using conventional aircraft. The applicant agrees to the limitations and 

conditions when conducting commercial operations under the FAA issued exemption 

as set forth in the Flight Operations Manual (FOM) 

1. The sUAS will weigh less than 3 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum flight time for each operational flight will be up to 18 minutes. Flights 

will be terminated at 25% battery power reserve. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) 

5. Minimum crew for each operation will consist of the sUAS Pilot In Command 

(PIC,) and Visual Observer (VO.) 

6. The sUAS pilot will be a designated Pilot in Command (PIC) and hold a valid state 

driver's license and have requisite experience and ample practice flight time operating the sUAS as well as demonstrated piloting skills and strict adherence to safety 

policies. 

7. A briefing will be performed regarding the planned sUAS operations prior to 

each flight for the production activities. 

8. The operator will obtain verbal/written consent of all persons involved with the 

planned operation. 

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

times. 

10. Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies as needs arise. 

11. If the sUAS loses communications or loses GPS signal, the sUAS will have the 

capability to return to a pre-determined safe location and land autonomously. 

12. Consistent pre-flight safety and operational checks will precede each flight. 

13. Regular sUAS maintenance and airworthiness checks to be performed. 
14. No flight operations within 5 miles of an airport without first notifying the airport 

control tower. 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) and (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) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

Given the small size of the sUAS and the controlled environment, the proposed operations will adhere to the Reform Act's safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the 

proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced greenhouse gas emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the 

FAA grant the requested exemption with minimum delay. 

14 C.F.R Part 21, Subpart H: Airworthiness Certificates 14 C.P.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 ofthe 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 sUAS. In all cases, an 

analysis of these criteria demonstrates that the sUAS operated without an airworthi-
ness 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 sUAS 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 sUAS, 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 sUAS will have no airworthiness certificate, an exemption may be 

needed as the sUAS will have no entrance to the cabin, cockpit or pilot station 

on which the word "Experimental" can be placed. Given the size of the sUAS, 

two-inch lettering will be impossible. 

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in 

Command. 

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may 

act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. A pilot's license will not ensure remote control sUAS piloting 

skills. Our sUAS does not carry pilots or passengers nor property therefore I am 

seeking an exemption to 14 CFR 61.113(a). 

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 

check lists 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 sUAS, 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 sUAS 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 follow preflight actions including reviewing weather, sUAS airworthiness and inspection checks, multiple satellite GPS signal locks, landing and takeoff distances, flight plan, and aircraft 

performance calibration data before initiation of each 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. The DJI Phantom 3 Profession sUAS is a remotely piloted 

aircraft and by its design does not have dual controls. Flight control is accomplished 

through the use of a single handheld remote controller that communicates with the 

aircraft via radio communications. 

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 

sUAS 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 sUAS will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feetAGL, the sUAS will not be operated more than 100' above the highest 

point on the structure nor greater than 200' away. It will however be operated in arestricted area 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, speed of the 

sUAS 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 weighting 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 sUAS will ensure separation between these sUAS operations an4 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 the sUAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an 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 frrst 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 battery powering the sUAS provides approximately 18 minutes of powered flight. Given the limitations on the sUAS 's proposed flight area and the location of its proposed operations within 

a predetermined area, teh applicant believes that an exemption from 14 CFR §91.151(a) 

falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have 
signed waivers will be allowed, with less than 30 minutes of reserve fuel, 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 18 minutes or 25% of battery power- whichever 

happens first. This restriction would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its limited LOS 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 sUAS fully loaded weighs no more than 3 lbs. 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 sUAS. An equivalent level of safety will be achieved 

by keeping these documents at the ground control point where the pilot flying the 

sUAS will have immediate access to them, to the extent they are applicable to the 

sUAS. 

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 section 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 these small UASs are very limited 

in size and will carry a small payload and operate only in restricted areas for limited 

periods oftime. If mechanical issues arise the sUAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the sUAS 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 sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (A OM). As provided in the FOM, the operator will ensure that the sUAS is in working order prior to initiating flight and perform 

required maintenance needed. 

REASONS WHY GRANTING THE EXEMPTION WOULD BE IN THE 

PUBLIC INTEREST 

Stephen L. Blenkhorn is seeking relief from any applicable FARs that may prevent 

Stephen L. Blenkhorn from conducting aerial photography of real estate and other legal flight operations. The weight of the sUAS meets the defmition of"small unmanned 

aircraft" found in section 331 "The Reform Act". Stephen L. Blenkhorn seeks to operate legally as a small business that cater mostly to real estate agents. Realtors are not 

permitted to use sUAS's or hire operators unless they or the person they hire, is permitted by the FAA to fly a sUAS. 

Stephen L. Blenkhorn would satisfy the need for safe and affordable aerial video and 

still photography. 

Aerial photography lends a unique perspective to the viewer. The angles of capture 

show areas that are not able to be seen by an earthbound photographer. This type of photography has been used for some time by real estate agencies and construction firms. 

Unfortunately though, it is often cost prohibitive for small business. The expensive fees 

demanded by traditional aerial photography companies has often given large fmns an 

advantage. With a Grant of Exemption from the Administrator, Stephen L. Blenkhorn 

can be of immense benefit to small business by providing affordable aerial photography. 

Aerial photography by Stephen L. Blenkhorn would assist the public by allowing them 

to form a new geospatial perspective and academic understanding of the area surrounding the subject of their interests and could have a positive effect upon the economy as 

businesses and agricultural firms take advantage of the new perspectives afforded to 

them. 

The risk associated with sUAS aerial photography is less than the risk associated with 

traditional aerial photography. The sUAS that Stephen L. Blenkhorn incorporates 

weighs less than 3 lbs. This sUAS is also powered by a single battery. The amount of 

damage that may occur in the event of an incident or accident is substantially less than 

that which may occur in the event of an incident or accident involving traditional air-
craft and aerial photography. Traditional aerial real estate photographers rely upon full 

size aircraft operating at low altitudes while carrying combustible fuel. Responsible 

sUAS operations are inherently in the public's interest due to lower cost and increased 

safety they afford. 

Additional Information 

The applicant, Stephen L. Blenkhorn, is an FAA Commercial Multi-Engine Instrument Rated Flight Instructor since 1991, FAA Commercial Certificate# 

2740889CFI and is also an Advanced Ground Instructor having primarily 

taught and flown in the Los angeles area for over 25 years. 

I not only teach National Airspace System rules and regulations to those who will 

eventaully receive their Private Pilot's License or other more advanced ratings but 

I am also one of the strongest proponents of safety and practices in the aviation 

teaching field, I believe the satisfaction of criteria provided in Section 333 of the 

Reform Act of 2012 provide more than adequate justification for the grant of the 

requested exemptions allowing the commercial operation of the applicant's sUAS. 

(I have also been a Remote Control (RC) pilot for many years.) 

Stephen L. Blenkhorn respectfully requests that the FAA grant this exemption request. 

36 Sunset Vista Road 

P.O. Box 53 

Edgecomb, ME 04556 

Mobile 310-309-2425 

email -lapilot@yahoo.com