Carl B Silverstein

PO Box 325

Palmerton, PA 18071

Mobile: 570-350-1589

Email: carl@silverstein.com

August 4, 2015

US Department of Transportation Docket 

Management System

1200 New Jersey Ave., SE

Washington, DC20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 - Aerial photography, 

cinematography, videography, mapping, crop surveying, insurance inspections 

Attachments

Please see the following URL for downloading or viewing of related attachments including the 

Phantom 3 and the 3dr Solo user manuals:

http://www.dji.com/product/phantom-3/download

http://3drobotics.com/wp-content/uploads/2015/07/v4_07_07_15.pdf

References

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481in the matter ofthe petition of 

DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the matter of the 

petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matter ofthe petition of 

FLYING CAM INC

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 

of the FAA Modernization and Reform Act of 2012, I Carl B Silverstein, referred to hereafter as the 

petitioner, request exemption from the following sections of Title 14, Code of Federal Regulations §§

• 61.113(a);

• 61.113(b);

• 91.119(c);

• 91.121;

• 91.151(a);

• 91.405(a);

• 91.407(a)(1);

• 91.409(a)(1);

• 91.409(a)(2);
• 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by

the Federal Aviation Administration (FAA) for the purposes of aerialphotography, cinematography, 

videography, mapping, crop surveying, inspections and other flight operations that could be 

performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. 

national airspace system as compared to a manned aircraft or other methods such as lift trucks, 

cranes or booms. Operations will be performed only at the request of, and with the authorization and 

permission of clients or their authorized agents. 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. The conditions identified and proposed by the petitioner are drawn from reference 13.

Requested Exemption

The petitioner seeks exemption from the above mentioned FARs for the following reasons:

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of pilots, who hold 

a PRIVATE PILOT (or greater) certificate. Any pilots operating under this exemption would be 

required to comply with any conditions as set forth and in a similar fashion to the previously granted

exemptions. The petitioner currently has 50 hours of PIC (Pilot In Command) experience and needs 

one hour of solo time to be eligible for the practical test to obtain a Private Pilot License (PPL). He 

also took the FAA knowledge test a number of years ago and received a 89% on the exam. He plans 

to obtain his PPL by the fall of 2015.

91.119(c); As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer 

than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential 

persons, or objects that would not be possible without additional relief. The petitioner requests 

modification, waiver or exemption and clarification concerning the terms “congested areas” and 

“densely populated”. The petitioner requests waiver for this condition to allow reasonable and 

responsible operations in areas of subdivisions and neighborhoods if required.

91.121; As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS 

does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude

information.

91.151(a); As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONSLLC) prior 

relief has been granted for manned aircraft to operate at less than the prescribed minimums, 

including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been 

granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS 

provides battery power remaining in percent to the PIC. The UA batteries provide approximately 25 

minutes of poweredflight.

Information provided in the operating documents discusses procedures regarding remaining battery

power management. Those documents contain a condition in which the PIC will initiate a landing 

procedure when battery remaining reaches a specified level.Given the limitations on proposed 

operations and the location of those proposed operations, The FAA found that a reduced minimum 

power reserve for flight in daytime VFR conditions was reasonable.
91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b); As discussed in

Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the 

UAS is in a condition for safe flight in accordance with the operating documents. The FAA found 

that adherence to the petitioner’s operating documents and the conditions and limitations specified, 

describing the requirements for maintenance, inspection, and record keeping, were sufficient to 

ensure that safety would not be adversely affected.

The UASes

The DJI Phantom 3 is a small rotorcraft in the quadcopter configuration with an advertised weight 

1280g and is equipment with a custom high definition camera. It has an advertised maximum speed 

of 36 mph. It is powered by four electric motors'. It utilizes an internal inertial measuring unit (IMU) 

with integrated barometric sensor augmented with global positioning system (GPS) to maintain its

geospatial orientation and position. It is also controlled in hover by Vision Positioning System that 

senses the ground. It is controlled primarily through an FCC certified radio control (RC) unit. Real 

time video and telemetry information are transmitted back to a ground control unit allowing the 

operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, 

camera imagery, and control camera angle. It has fail-safe modes of operation for either loss of RC 

or GPS signal. Altitude can be limited by the on-board flight controller and maximum altitude can be 

programmed by the PIC. Battery life limits flight times to approximately 25 minutes. The on-board

flight controller will warn the pilot via telemetry and external lighting cues before reaching a low 

battery state. An automatic termination of flight and landing will be initiated when the battery

reaches a predetermined low state. A return-to-home (RTH) feature can be manually initiated with 

the press of a button. It is anticipated that flights will usually last less than 20 minutes. More 

information is available at the attachment URL, above.

The 3dr Solo is a small rotocraft in a quadcopter configuration with an unladen weight of 1500g and 

when equipped with a GoPro and gimbal -1750g. It is designed to be integrated with the GoPro line 

of high definition cameras. It has an advertised maximum speed of 55 mph. It is powered by four 

880 kV electric motors. It utilizes an internal inertial measuring unit (IMU) with integrated 

barometric sensor augmented with global positioning system (GPS) to maintain its geospatial 

orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. 

Real time video and telemetry information are transmitted back to a ground control unit allowing the 

operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, 

camera imagery, and control camera angle. It has fail-safe modes of operation for either loss of RC 

or GPS signal. Altitude can be limited by the on-board flight controller and maximum altitude can be 

programmed by the PIC. Battery life limits flight times to approximately 20 minutes. The on-board

flight controller will warn the pilot via telemetry and external lighting cues before reaching a low 

battery state. An automatic termination of flight and landing will be initiated when the battery

reaches a predetermined low state. A return-to-home (RTH) feature can be manually initiated with 

the press of a button. More information is available at the attachment URL, above.

Risk Mitigation

The petitioner has reviewed FAA exemptions reference’s 13 Conditions and Limitations section and 

believes that the procedures specified therein are reasonable and will be utilized in order to manage 
and mitigate risk and ensure public safety. Apreflight checklist will be developed and employed to 

ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained by 

performance ofroutine inspections before each flight, maintaining flight and maintenance logs to 

record timeon failure prone components.

The petitioner request that in a manner similar to reference 3, he be allowed to operate within 5 

miles of an airport provided that:

“The UA may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UA may not operate within 5 nautical miles of the geographic center of a non 

towered airport as denoted on a current FAApublished aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of agreement with 

the airport management must be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is 

requesting a mechanism to facilitate such activities without requesting a new and separate 

exemption(s) should the need arise.

Public Interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental 

impact as compared to similar operations conducted with manned aircraft of greater proportions,

carrying a crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce 

could lead to economic growth. Operations for this petition will enable service for property owners

or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their 

desired photographic subjects that cannot be displayed through ground level 

videography/photography.Aerial photography is a valuable marketing tool that can lead to increased 

commerce and enhance personal photography. Crop surveying applications could lead to decreased

use of pesticides and fertilizer and conservation of water as well as increased crop yields and 

decreased costs. Aerial surveying and inspections can increase work site efficiency, improve 

volumetric estimations and reduce risks. The process of insurance underwriting evaluation and 

damage assessment will be streamlined. Areas not accessible by foot or too damaged to safely reach 

data will be able to be rapidly documented. The petitioner will provide clients with photographic data 

for these purposes on a ‘for hire’ basis acting as an independent contractor. A visual observer will be 

utilized. Liability insurance will beobtained commensurate with the granting of this request for 

exemption. Flight data including UA flight time, Control Unit operation time, incident, accident, and 

details concerning any deviations from normal operations will be available to FAA for use in 

collecting data regarding the use of UAS as part of this application. This data may be submitted to

FAA via traditional means, e.g. COA Monthly Reports, or other means asrequired.

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography, cinematography, 

videography, mapping, crop surveying, inspections, insurance underwriting and damage evaluation, 

and otherflight operations”. The request for several uses of the UAS is to allow for future demand to

be met without the need for additional exemptions to be filed. There is already a high demand for real 

estate photography, crop surveying, and aerial inspection ofproperty.
Use of an UAS would ultimately provide a tool that is far safer, more cost effective and

more timely than other methods. The primary purpose of seeking this exemption is to obtain the 

capability to offer those services while remaining in compliance with FAA regulations.

Sincerely,

Carl B Silverstein