Petition for Exemption Under Section 333 to Allow Commercial Use of Small Unmanned Aircraft 

Systems (sUAS)

August 7, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave, S.E.

Washington, DC 20590-0001

Petitioner: 

Gregg D. Nole

30699 Longview Lane East

Coarsegold, CA 93614

Mobile: 760-215-5557

gregg.nole@yahoo.com

To FAA 333 Exemptions Manager: 

I am submitting my petition for an Exemption under Section 333 for commercial operations of a Small

Unmanned Aircraft System (sUAS) for your consideration. I am an experienced small UAS operator and a FAA 

licensed SEL Private Pilot with a current 3rd class medical and hundreds of flight hours. 

I am a member of the FAA Wings safety program, AOPA, and I enjoy keeping myself immersed in aviation and 

keeping my skills current. I regularly attend AOPA and FAA safety meetings, often hosted by FAA officials. 

Accordingly, I take the skills and education for safe operation of my personal aircraft (Cessna 172P) and sUAS 

very seriously.

I request a waiver of the sections identified below to operate a small UAS for commercial applications including 

the following: professional marketing, agriculture/field management, buildings/sites and structural inspections, 

real estate marketing including mapping and surveying, construction, events, and search & rescue (if requested 

by sanctioned and/or appropriate agencies). All these activities will include the collection of still and video 

images and related data as deemed necessary.

The granting of this exemption would be appropriate due to my professional approach to sUAS operations, my 

clear understanding of FAA rules and regulations, my awareness of operational and restricted airspace, my 

experience as a pilot, my ongoing FAA approved educational activities, and my attitude of safety first when it 

comes to any and all flight operations.

I am currently seeking exemption from the following regulations in 14 CFR Part(s): 

21, Subpart H

36

61.101 (e) (4) & (5)

61.113 (a) & (b)

91.7 (a)

91.119 (c)

91.121 

91.151 (a)

91.405 (a)

91.407 (a)(1) & (2)

91.409 (a)(1) & (2)

91.417 (a) & (b) 
G. Nole, page 2

Small UAS Description: 

I am requesting exemption for a sUAS weighing less than 55 pounds, (approx. 3lbs.), specifically the DJI Phantom 

3 Professional. This is a small, 4 electric motor quad-copter with an on-board camera, GPS, and other sensors to 

allow precise flights without the inherent dangers of larger manned, flammable fuels aircraft. 

The craft operates electrically, carries no flammable fuel, has an integrated GPS navigation system providing 

stabilized flight and ground detection sensors, provides rich location information along with height AGL, speed, 

distance and direction from operator, battery life, and no-fly zones. If a loss of remote-to-aircraft

communication occurs, the sUAS will rise vertically to a safe height before beginning an automatic return-tohome. The return-to-home feature can also be activated manually. Additionally, it utilizes a compass, blinking 

LED position lights, prop guards and other safety features.

The DJI Phantom 3 Professional utilizes a battery powered mobile ground station that connects to a phone or 

tablet and displays 720p HD view of everything the camera sees during flight, displayed in real time. The 4K 

camera can also be controlled remotely to allow the pilot unobstructed 360 degree views of the flight area. 

From takeoff to landing, the sUAS responds immediately to all commands while automatically handling the most 

complex aspects of safe, stable flight.

Flight Operations:

I am well versed in conducting safe flight operations and in planning flight paths that minimize any over-flight of 

densely populated or sensitive areas. Flight operations will typically be close-in and focused on specific subjects 

for the applications outlined above. These operations will occur in a very limited area, and of course, I will 

respect all NAS including no fly zones, TFRs, etc.

My proposed sUAS operations will be conducted at low altitudes below 400 feet AGL, but typically below 200 

feet AGL, not over crowds, not near airports and will include myself and a Visual Observer. If I feel a situation is 

high risk due to close proximity to people or property, I simply would not accept the mission. Flights will end 

when battery reserve reaches 20%, and all operations will occur under daytime VFR conditions.

Pre-flight and post-flight checklists and sUAS examinations, will detect any abnormalities prior to flight and after

each flight. If the sUAS is unable to satisfy all safety checklists, it will be removed from service until the issue can 

be resolved. 

Additionally, I will follow the DJI Phantom 3 Professional’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements, and I will comply with all manufacturer’s Safety Bulletins. 
G. Nole, page 3

Safety Will Not Be Adversely Affected:

Granting this request would not adversely affect safety since operations would be in accordance with all current 

and/or future sUAS rules and best practices. Safety protocols are listed below:

1. The sUAS will be registered and marked with N333GN. 

2. I will comply with all sUAS maintenance and pre-flight inspection requirements of the manufacturer. All 

repair and maintenance work will be conducted or approved by qualified personnel such as those 

authorized by DJI and will require a test flight after such work. Records of all maintenance and repair 

work will be retained on file.

3. All flight operations will be conducted by two individuals who will maintain verbal communication with 

each other at all times and will remain within sight during all flight operations:

a. A Pilot in Command (PIC) who possesses the following credentials:

i. A Private Pilot certificate

ii. A current Third Class medical certificate and/or a valid U.S. driver’s license

iii. A current bi-annual flight review

b. A Visual Observer (VO).

4. All flight operations will comply with the following: 

a. The manufacturer’s Aircraft Flight Manuals and Operation Guides

b. Conducted in VMC conditions during daylight hours

c. PIC and VO will maintain visual line of sight (VLOS) at all times

d. Pre-flight inspections (including ground control station) and safety risk assessments will be

conducted prior to each flight

e. Flight altitudes will remain at or below 400 feet above ground level

f. Flights will not take place over densely populated areas or within 5 miles of an airport

g. Any applicable local FSDO requirements and appropriate FARs

h. All other applicable regulations pertaining to the safe operation of an sUAS

Public Benefit: 

The use of sUAS technology to obtain imagery, information and data, currently obtained by use of manned flight 

or manual methods, will provide significant public benefits: 

 Significantly reduces statistical risk to human life and injuries vs. manned aircraft accidents (e.g. power 

line inspections) and other dangerous activities that can be easily avoided (e.g. scaffolding/rigging 

failures during building or site inspections). 

 Greatly reduces the cost of obtaining such information, which benefits businesses, consumers and the 

overall economy. 

 Reduces environmental impact by eliminating sources of hydrocarbon emissions from manned aircraft

and other means currently used to gather required data and imagery.

Aerial videography and photography for marketing and data collection has been around for a long time using

manned fixed wing aircraft and helicopters, but for many businesses, the expense has been cost-prohibitive and 
G. Nole, page 4

can create issues in noise sensitive areas. Granting this exemption would expand this service to many more 

businesses at a much lower cost. Plus, the sUAS will pose virtually no threat to the public given its small size and 

lack of combustible fuel, and it will minimize ecological damage and promote economic growth by providing cost 

effective and safe operations for all.

Additionally, I will gladly offer my professional services upon request, and with proper coordination, to any 

official search and rescue or emergency services organization to facilitate rescue and recovery operations that 

will benefit public safety. 

Suggested Public Federal Register Summary: 

“The petitioner is seeking an exemption to operate small unmanned aircraft systems (sUAS) weighing less than 

55 pounds to offer cost effective aerial imaging services to businesses including professional marketing, 

agriculture/field management, building/site and structural inspections, real estate marketing and surveying, 

construction, events, and search & rescue activities. Data gathered may include still and moving images 

captured with onboard camera and GPS coordinates.”

Section 333 Compliance and Appropriateness: 

Based on the size of the aircraft, experience of the pilot, and operational goals, this request appears to be well 

suited for approval using the criteria outlined in Section 333 of the FAA Modernization and Reform Act of 2012 

and will move safe flight operations forward in accordance with the intent of Section 333.

I hope to obtain this exemption in order to use my general aviation flight experience to operate sUAS’s safely 

while utilizing it for positive and productive purposes, within FAA guidelines and regulations. I look forward to 

your timely response to my request. Please advise if any additional information is needed. 

Sincerely, 

Gregg D. Nole