ADAM L. SIMMONS- SECTION 333 EXEMPTION PETITION

December 1st ,2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Adam L. Simmons

Lukas Media Corp.

D/B/A Armswork.com

83 Delafield Place

Staten Island, NY 10310

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation

Regulations

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 and 14 CFR Part 11, Adam L. Simmons on 

behalf of Lukas Media Corp, a 501 3 C corporation, hereby petitions the Secretary of Transportation and Federal Aviation 

Administration for exemption to the above referenced and below more fully described Federal Aviation Regulations 

("FARs"), that currently may or may not apply to the recreational/business operations of model aircraft including small 

unmanned aerial systems ("UASs). Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, Petition that I, Adam L. Simmons, an owner and operator of small unmanned 

aircraft, be exempted from the Federal Aviation Regulations ("FARs'') listed below so that I, Adam L. Simmons , may 

operate small ultra-lightweight unmanned aircraft system ("UAS") commercially in airspace regulated by the Federal 

Aviation Administration ("FAA").

1)

As described herein I, Adam L. Simmons, I am an experienced hobby flier, and former Flight Instructor in fixed wing , and 

single rotor hobby aircraft and have flown small, unmanned aerial systems for hobby and recreational purposes for over 

20 years. I also build them.

This exemption would permit commercial operation by Adam L. Simmons, who would utilize DJI Phantom 3 Professional 

to conduct sUAV flight training, agriculture, education, real estate and property insurance documentation photography, 

and videography, film and movie production, and demonstration flights to enhance academic community awareness.

I am a former full-time computer administrator for a major telecom company. My job requires the upmost precautions 

and safety measures that requires active, continuous education in handling sensitive equipment, data, and laser 

operation.

As an 501 (3) C non-profit that focuses on the IT needs of underserved educational institutions and other non-profits, 

the exemption would allow the opportunity to provide community awareness to young people involved with electronics

as well as students, veterans and employees of various community focused organizations.
ADAM L. SIMMONS- SECTION 333 EXEMPTION PETITION

I feel it is important to mention here that the sUAV I am seeking exemption, as of the latest firmware/software build has 

a safety feature that does not permit flight, either accidently or purposefully into FAA restricted airspace. All of the FAA 

no fly zones, and safety areas are pre-programmed into the sUAV, this raises the safety level tremendously vs other 

sUAV’s. The Phantom 3 will not take off the ground if its GPS detects any violation to any FAA boundary, similarly in 

flight mode it will actively deny flight into such airspace regardless of user input. User manual/safety guide link is 

attached at bottom for more in depth reference to these features.

As described more fully below, the requested exemption would permit the operation of UAS under controlled conditions 

in airspace that is 

1) limited;

2) predetermined in areas away from general public, airports, heliports and vehicular traffic for community videos, and 

within property boundaries for individual homeowner and commercial real estate listing/property insurance, 

documentation videos/photos; and aerial survey’s.

3) controlled as to access. The exemption would also provide safety enhancements to the already safe operations within 

the aerial photography, film and television, aerial survey’s, industry presently using conventional aircraft and small,

unmanned and relatively inexpensive UASs that does not have such failsafe’s as the Phantom 3.

Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no 

safety plan or controls in place to prevent accidents. I will operate my UAS within all safety protocols and controls to 

avoid and prevent public hazard, as well as manned aircraft hazards or accidents.

Obtaining this request comports with the Secretary of Transportation's (FAA Administrator's) responsibilities and 

authority to not only integrate UAS's into the national airspace system, but to " ... establish requirements for the safe 

operation of such aircraft systems [UAS's] in the national airspace system" under Section 333(c) of the Reform Act 

specific to the use of UAS's for commercial purposes. Further I will conduct operations in compliance with the protocols 

described herein or as otherwise established by the FAA.

For the reasons stated below, I respectfully request the grant of an exemption allowing me to operate ultra-lightweight, 

remote controlled UAS's for the purpose of providing academic community awareness and education, to benefit and 

stimulate agriculture and tourism within New York, general aerial photography, and to enhance real estate listing and 

property insurance videos, aerial survey’s for homeowners and business organizations who cannot afford expensive 

manned aircraft for the same purpose, all of which will promote local economic growth through increased employment 

and increased tax base. The same would discourage use of an unauthorized and possibly unsafe vehicle which has not 

been registered with the FAA.

I. Contact Information:

Adam L. Simmons

83 Delafield Place

Staten Island, NY 10310

Mobile: (718) 427-0776

Email: owner@armswork.com

II. The specific sections of Title 14 of the Code of Federal Regulations from
ADAM L. SIMMONS- SECTION 333 EXEMPTION PETITION

which Adam L. Simmons requests exemption are:

1. 61.23(a) and (c)

2. 61.101(e)(4) and (5)

3. 61.113(a)

4. 61.315(a)

5. 91.7(a)

6. 91.119(c)

7. 91.121

8. 91.151(a)

9. 91.405(a)

10. 91.407(a)(l)

11. 91.409(a)(l) and (2)

12. 91.417(a) and (b)

Current exemptions already granted, they are similar in all material respects to relief previously requested in Grant of

Exemption Nos. FAA-2014-11062, FAA-2014-11109, FAA-2014-11112, and FAA-2014-11213

Ill. The Extent of relief Adam L. Simmons seeks and the reason he seeks such relief:

I, Adam L. Simmons, submit this application in accordance with the Reform Act, 112 P.L. 95 § 331-334, seeking relief 

from any currently applicable FARs operating to prevent me, Adam L. Simmons, contemplated commercial cinematic, 

academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for 

such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do 

so. My ultra-light weight UAS meets the definition of "small unmanned aircraft" as defined in Section 331 and therefore 

the integration of my ultra-lightweight UAS is expressly contemplated by the Reform Act. I would like to operate my 

ultra-lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing 

such craft, thereby providing direct experience and valuable information for formal regulation that can be administered 

uniformly to all UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of U 

AVs that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall 

capabilities of the UAS's; whether the UAS will be operated near airports or heavily populated areas; and, whether the 

UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in 3 favor of an exemption for me, 

Adam L. Simmons. The Phantom 3 Professional UAS utilizes four (4) counter rotating propellers for balance, control and

stability. UAS is equipped with GPS and auto return safety technology as well as weighing less than seven (7) pounds (far 

below the maximum 55 pound limit); including camera with gimbal.

IV. Regulations Adam L. Simmons is seeking relief from and reasons:

91.7 (a) - It is my understanding that since no FAA regulatory standard exists for determining airworthiness of the UAS, 

the regulation is inapplicable.

91.119( c) - Operations will need to occur at altitudes under 300 feet and closer than 500 feet to persons or objects.
ADAM L. SIMMONS- SECTION 333 EXEMPTION PETITION

91.121 -The system have a barometric altimeter and GPS derived altitude capabilities while the FAA requires any 

altitude reported to ATC to be in feet AGL.

91.151(a)- The system does not have the capabilities to adhere to this regulation.

91.405(a)- This section doesn't pertain to a UAS.

91.407(a)(1) -This section doesn't pertain to a UAS.

91.409( a)(l) and (2)-This section doesn't pertain to a UAS.

91.417(a) and (b)- This section doesn't pertain to a UAS.

I, Adam L. Simmons if granted a Section 333 exemption would comply the following conditions:

1. Operations authorized by this grant of exemption are limited to the following aircraft

described in the operating documents which are quad-rotor aircraft both weighing less

than 7 pounds: Phantom 3 Professional Aircraft Systems (UAS). Proposed operations of any other aircraft will require a 

new petition or a petition to amend this grant.

2. The UAS may not be flown at an indicated airspeed exceeding 30 knots.

3. The UAS must be operated at an altitude of no more than 300 feet above ground level (AGL), as indicated by the 

procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.

4. The UAS must be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all times. This requires 

the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

issued airman medical certificate.

5. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the

VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the 

flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can 

perform the functions prescribed in the operating documents.

6. The operating documents and this grant of exemption must be accessible during UAS operations and made available 

to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and 

the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be 

followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may 

update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. The operator must also present updated and revised 

documents if he petitions for extension or amendment to this grant of exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition 

for amendment to its grant of exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise

regarding updates or revisions to the operating documents.

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a 

condition that affects the safe operation of the UAS, the UAS is prohibited from operating until the necessary 

maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station 
ADAM L. SIMMONS- SECTION 333 EXEMPTION PETITION

must be included in the preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

8. Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight 

critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an

entry in the aircraft records.

9. The pre-flight inspection section in the operating documents must account for all discrepancies, i.e. inoperable 

components, items, or equipment, not already covered in the relevant sections of the operating documents.

10. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements.

11. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the 

operating documents. Maintenance, inspection, and alterations must be noted in the aircraft records, including total 

flight hours, description of work accomplished, and the signature of the authorized person returning the UAS to service.

12. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

13. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies 

discovered between inspections.

14. UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at least a current thirdclass medical certificate. The PIC must also meet the flight review requirements specified in L4 CFR 61 ".56 in an aircraft 

in which the PIC is rated on his or her pilot certificate.

15. Prior to operations conducted for the purpose of sUAS flight training, agriculture, education, aerial survey’s, real 

estate and property insurance documentation photography, and videography, film and movie production (or similar 

operations) PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a minimum of 25 

hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior 

documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement.

Training, proficiency, and experience-building flights can also be conducted under this grant of exemption to accomplish 

the required flight time, however, said training operations may only be conducted during dedicated training sessions. 

During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate

distances in accordance with 14 CFR 91.119.

16. Prior to operations conducted for the purpose of sUAS flight training, agriculture, education, real estate and property 

insurance documentation photography, and videography, film and movie production (or similar operations), the PIC 

must have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a minimum of 5 hours as UAS pilot 

operating the make and model of the UAS to be used in operations under the exemption; 5 hours make and model time 

may be included in the 10 hours of multi-rotor time prescribed above. The PIC must accomplish 3 take-offs and landings 

in the preceding 90 days (for currency purposes). Training, proficiency, experience-building, and take-off and landing 

currency flights can be conducted under this grant of exemption to accomplish the required flight time and 90 day

currency. However, said training operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in 

accordance with 14 CFR 91.119.

17. The operator may not permit the PIC to operate the UAS for the purpose of sUAS flight training, agriculture, 

education, real estate and property insurance, aerial survey’s, documentation photography, and videography, film and 

movie production (or similar operations), unless the PIC has demonstrated and logged in a manner consistent with 14 

CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this 
ADAM L. SIMMONS- SECTION 333 EXEMPTION PETITION

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

18. UAS operations may not be conducted during night, as defined in 14 CFR 1.1. All operations must be conducted 

under visual meteorological conditions (VMC).

19. The U A may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published 

aeronautical chart.

20. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when 

visibility is less than 3 statute miles from the PIC.

21. If the U A loses communications or loses its GPS signal, it must return to a predetermined location within the 

planned operating area and land or be recovered in accordance with the operating documents.

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating 

documents.

23. The PIC is prohibited from beginning 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 land the UA with 30% battery power 

remaining.

24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior 

to conducting any operations not under this grant of exemption. This COA will also require the operator to request a 

Notice to Airman (NOT AM) not more lhan72 hours in advance, but not less than 48 hours prior to the operation.

25. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance 

with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. 

Markings must be as large as practicable.

26. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS must comply 

with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

27. The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground Control Station of 

the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law 

enforcement official upon request.

28. The UAS must remain clear and yield the right of way to all manned aviation operations and activities at all times.

29. The UAS may not be operated by the PIC from any moving device or vehicle.

30. The UA may not be operated over congested or densely populated areas.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and 

structures unless: a. Barriers or structures are present that sufficiently protct nonparticipating persons from the UAS 

and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA,

flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where 

the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, 

and; c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those 

persons per 91.119(a).
ADAM L. SIMMONS- SECTION 333 EXEMPTION PETITION

32. All operations shall be conducted over private or controlled-access property with permission from the land 

owner/controller or authorized representative. Permission from land owner/controller or authorized representative will 

be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area 

as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB 

Web site. I have included the URL links below for the DJI Phantom 3 Professional Safety Guideline that will be used for 

safe UAS operations to include Pre-flight checklists, as well as the user manual and quick start guide.

DJI Phantom 3 Professional

Phantom 3 Professional Quick Start Guide

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en__v1.2.pdf

Phantom 3 Professional User Manual

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf

Phantom 3 Professional Safety Guidelines

http://dl.djicdn.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en_201509.pdf

If more information or documentation is needed to approve this exemption, please contact me at

(718) 427-0776 and I thank you for your consideration.

Adam L. Simmons

83 Delafield Place

Staten Island, NY 10310

owner@armswork.com