December 2, 2015

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act

of 2012

I, Thaddeus B. Kubis, of 99 Main Street in Sheffield, Massachusetts 01257-0342, hereby

petition the FAA for a Section 333 exemption from various sections of 49 USC of Federal

Aviation Regulations.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, 

I request certain exemptions in order to perform aerial photography and videography for real

estate purposes using a small unmanned aerial vehicle, the DJI Phantom 3 Standard.

Sincerely,

Thaddeus B. Kubis

Owner

TBK Photography and Creative Visualizations
OVERVIEW:

I, Thaddeus B. Kubis, of 99 Main Street, Sheffield, Massachusetts 01257-0342, hereby petition

the FAA for a Section 333 exemption from various sections of 49 USC of Federal Aviation

Regulations.

I am the owner of TBK Photography and Creative Visualizations, a photography and

videography company specializing in real estate. TBK Photography and Creative Visualizations

has been in business for 25 years, and is committed to responsibly, professionally, and safely

operating a small UAV for the purpose of capturing dynamic, low-altitude video and

photographic imagery.

TBK Photography and Creative Visualizations is committed to public safety and respecting

personal privacy. An example of that commitment is our thorough pre and post flight protocols

that we closely adhere to on every mission. The Pilot in Charge (PIC) will possess either an

airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also

hold a current FAA airman medical certificate or a valid U.S. driver’s license.

As a professional photographer and the owner of TBK Photography and Creative Visualizations,

I am extremely sensitive and aware of the importance of safety and privacy, especially as it

relates to UAVs. I believe safety is the first and overriding priority in regards to operating a UAV.

Additionally, the PIC would not operate a UAV in a manner as to invade the privacy of anyone

unaware of our flight intentions.

GEOGRAPHIC AREA OF OPERATION:

Our primary area of operation will be the Northeastern U.S., specifically Eastern New York

State; Berkshire County, Massachusetts; and Litchfield County, Connecticut.

The majority of our missions will take place in rural settings. Each flight will be done with the full

permission and under the supervision of the land or property owner. Additionally, each flight will

be limited to 250-feet AGL, since the purpose of our operations is to capture low and slow video

and photographic imagery that is centered on a subject near ground level.

When necessary, we will notify and seek approval of airport personnel as required by FAA

regulations.

DJI PHANTOM 3 STANDARD:
The DJI Phantom 3 Standard is a lightweight (2.7 lbs.), battery-operated, four-motor rotorcraft in

the form of a quadcopter that takes off and lands vertically. The DJI Phantom 3 Standard

includes the following safety features:

• An on-board flight computer with GPS navigation and location ability that receives signals

for flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high definition still

photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to

the on-board radio transmitter including altitude AGL, horizontal and vertical speed,

compass direction of flight and direction back to its launch site;

• A 5.8GHz onboard radio transmitter that transmits live video from the onboard camera plus

all the flight data from the telemetry system described above.

GROUND SYSTEM:

• A Pilot in Charge (PIC) in operational control of a flight operation from beginning to end and

who controls the UAV while in flight;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while

in flight;

• A 5.8GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

• A monitor that receives live video and flight data from the UAV while in flight.

PRE-FLIGHT CHECKLIST:

• When required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the area of operation for hazards - trees, utility poles and other obstacles that might

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might

adversely affect flight safety and performance.

• Examine the aircraft  looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, the PIC will hover at an altitude of approximately 10 feet to assure that the

home return point is established.
• Exercise all controls to confirm their functionality  if one of the controls is not functioning,

the mission will be terminated immediately.

• Operate with a Visual Observer (VO) alongside the PIC who will double-check for possible

flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping the

UAV within Visual Line of Sight (VLOS). The VO will also assist in any emergency

maneuvers due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius),

as well as restricted and prohibited zones.

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing that

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the DJI Phantom 3 Standard to determine its physical and

electronic condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor function,

etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller after analyzing

site.

• Use audible alarms of low battery warning from the controller to bring copter back and land

well before battery drains.

EXEMPTION REQUEST:

I respectfully request exemption from the following regulations with which I cannot fully comply:

14CFR

Part 21 Airworthiness Certification

Subpart H "prescribes the procedural requirements for issuing and changing design approval, 

production approval, airworthiness certificates and airworthiness approval."
Response: "The Secretary of Transportation has determined that this aircraft meets the

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part

21, and any associated noise certification and testing requirements of part 36, is not necessary."

Part 61 (a)(b) Parts, General Operating and Flight Rules

(a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations

associated with various ratings.

(b) Aeronautical experience means pilot time, flight simulator or flight training device for meeting

the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to be

achieved by the UAV industry. The PIC’s sources of training are: the flight instruction manuals

from the UAV manufacturer; online videos from the manufacturer as well as videos from users;

and most importantly, personal training in a secure location - an open area not subject to traffic

and/or uninvolved individuals.

Those training flights, which have averaged 20 minutes each, include setup, physical and

electronic safety checks; lift off followed by hovering at approximately 10 feet to confirm that the

GPS system is functioning properly and has registered its Home Point; a prescribed flight plan

to familiarize and then master the fight controls and camera; returning to the launch point and

landing. I then conduct a post-flight inspection for any problems, log the location and flight time

and then view the video. There are no FAA certified instructors or FAA certified study guides

available at this time as the technology continues to develop. I respectfully request an

exemption from this rule.

§91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, takeoff

and landing distance information.

Response: Since a quadcopter, like a helicopter, takes off and lands vertically, a DJI Phantom

3 Standard pilot would not need to know this information since there are no runways involved

and the return from flight is the takeoff point. The FAA has determined that "relief is not

necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, I respectfully request relief

from this regulation.

§ 91.109
Summary: This sections deals with flight instruction, simulated instrument flight and certain

flight tests.

Response: None of these functions are applicable to a quadcopter flight and, as stated earlier,

there are no FAA certified instructors or FAA certified study guides available at this time for

quadcopter operation. I respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails

anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur

without hazard to persons or property (91.119 a).

It also sets minimum altitudes over congested areas and uncongested areas as well as has a

paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) from any person,

vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAV since

these aircraft are required to fly below those altitudes. Their weight, speed and GPS-controlled

Return to Home feature mitigates incidents that could occur from loss of signal between the

aircraft and PIC. A manned aircraft is much heavier and larger than a DJI Phantom 3 Standard.

If a DJI Phantom 3 Standard were to malfunction, it carries no humans, no explosive fuel and

since it flies primarily over a single piece of private property, any damage would likely be

minimal and confined to that area. As mentioned, the PIC will possess either an airline

transport, commercial, private, recreational, or sport pilot certificate. These licenses will provide

the PIC with sufficient skills to safely manage any approach under 500 feet. In addition, access

to the property is strictly controlled (warning sign and the clearing of any person on the property

not involved in the flight). I respectfully request an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the “cruising altitude or

flight level of that aircraft." It requires that the "elevation of the departure airport" be set in the

altimeter or the "current reported altimeter setting of a station along the route and within 100

miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. The DJI

Phantom 3 Standard is equipped with a barometric altimeter which automatically calculates the

takeoff altitude (0 AGL) when the aircraft is warmed up  the launch point becomes the

"elevation of the departure" point. The altitude of the UAV is visible in the control monitor by the

PIC before launch and is consistently updated as the flight progresses. I respectfully request an

exemption from this rule.

§91.151
Summary: This section deals with fuel requirements for VFR flights stating, among other things,

that "no person may begin a flight in an airplane under VFR condition unless...there is enough

fuel to fly to the first point of the intended landing and, “...fly after that for at least 40 minutes

(day) and 45 minutes (night)".

Response: This regulation deals with 'reserve' fuel. This could include any condition that

increases flight time or fuel consumption. Weather would be one factor including wind,

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard the DJI Phantom 3

Standard is not aviation gas but a DC battery with a maximum flight duration of 30 minutes.

Fuel management of an UAV requires constant monitoring of the battery's state-of-charge and

bringing it home before it reaches the manufacturer’s recommended 30-percent level. In our 

training flights, we've found that a flight of 10-15 minutes to be safe, returning the DJI Phantom

3 Standard to its Home Point around the 40-percent level. I respectfully request an exemption

from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the

keeping of appropriate maintenance records and replacement of inoperable instruments

Response: Maintenance on the DJI Phantom 3 Standard is quite straight forward. If, in landing,

a rotor blade or two are damaged, they are quickly replaced. The traditional instrument cluster in

an aircraft is replaced by a data stream from the DJI Phantom 3 Standard, visible in the control

monitor.

Replacement of minor parts are performed by the PIC and a major 'overhaul' that can’t be easily

resolved will go back to the manufacturer for repair. Currently, there are no required inspections

by 'authorized' maintenance personnel and there would be no space/room on board to install a

placard of inoperability. I respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been

performed. Again, approval of the maintenance before flight is essentially in the hands of the

PIC.

Whatever maintenance is performed will be entered in the aircraft log, unless a separate

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying

passengers or crew members, if the flight characteristics have been substantially affected,

before a rated pilot performs an operational check of the maintenance.
Again, this is a PIC's responsibility to preflight the DJI Phantom 3 Standard and determine its

flyability. And, as mentioned earlier, there is no pilot, crew members or passengers on board the

DJI Phantom 3 Standard. I respectfully request an exemption from this rule.

§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections or

"progressive inspections" and approval by authorized persons which will lead to the "issuance of

an airworthiness certificate."

Response: As stated earlier, there is no FAA approved inspection protocols nor authorized

inspection personnel. The PIC handles those issues each time the DJI Phantom 3 Standard is

prepared for flight.

The pre-flight check list enumerated earlier will be followed to determine its mechanical and

electronic integrity. I respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair,

replacement and condition of vital parts (rotors, engines & airframe). Certain records must be

retained for one year while other records must be kept with the aircraft even when sold to

another part.

Response: The details of this section would be impractical with a DJI Phantom 3 Standard, but

repair issues can be entered into the aircraft log. I respectfully request an exemption from this

rule.

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison to a

manned fixed wing or rotorcraft. Weighing less than three pounds with camera and battery, the

DJI Phantom 3 Standard is incapable of causing the level of damage or injury caused by a fullsize, manned aircraft. Additionally, the ecologic and noise impact is negligible as compared to

traditional manned aircraft. Economically, small unmanned aerial vehicles are the most costeffective solution for obtaining low and slow video for real estate, making aerial videography

more affordable for the businesses we serve.

Respectfully,

Thaddeus B. Kubis
Owner, TBK Photography and Creative Visualizations

ATTACHMENTS:

DJI Phantom 3 Standard User Manual

DJI Phantom 3 Standard Intelligent Flight Battery Safety Guidelines