Gary D. Jacobs

Jacobs Illustration

132 Hurstbourne Road 

Rochester, New York 14609

Phone: (585) 267-5629

Email: jacobsillustration@gmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590 

Jun. 12, 2015 

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: 1) Phantom_3_Professional_User_Manual_v1.2_en .pdf

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 in the matter 

of the 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 

of the 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 Gary D. Jacobs, 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 aerial photography, 

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. Operations 

will be performed only at the request of and with the authorization and permission of clients or 

their authorized agents in order to facilitate commerce and raise awareness of the beneficial 

uses of small unmanned air systems. 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 references 

1-3. 

The FARs 

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. 

 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 

SOLUTIONS LLC) 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 

UASspecific 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 powered flight. 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 UAS 

 The DJI Phantom 3 Professional is a highly successful consumer grade small 

rotorcraft in the quadcopter configuration with an advertised weight of less than 44 Ounces 

(1280g) designed primarily to carry aloft a high definition camera. It has an advertised maximum 

speed of less than 30 knots (15m/s) and a maximum climb rate of less than 1200 feet per 

minute (6 m/s). It is powered by four electric motors with a distance between motors of less than 

14 inches (350mm) 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 is transmitted back to a ground control station 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 failsafe modes of operation for either 

loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum 

altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 25 

minutes. The onboard 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. It is anticipated that flights will 

usually last less than 10 minutes. More information is available in attachment 1 or https://

www.dji.com/product/phantom-3
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. A preflight checklist will be developed and 

employed to ensure that the UA airworthiness will be verified before launch. Airworthiness will 

be maintained by performance of routine inspections before each flight, maintaining flight and 

maintenance logs to record time on 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 nontowered airport as denoted on a current FAA published 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. Operations within class B airspace are not requested due 

to the lack of mode C transponder. 

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 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 be obtained 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 as required. 

Conclusion 

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

cinematography, videography, mapping, crop surveying, inspections and other flight operations”. 

The reason for such a general and broad based request is that the petitioner wishes to utilize a 

business strategy of horizontal integration and maximize economies of scope in order to 

capitalize on opportunities as they may arise in the future without the long turnaround time 
associated with additional exemptions. The petitioner's business model is based on the idea of 

offering ad hoc small UAS services to individuals or companies who wish to employ these 

services as a safe, effective, and legal option to enhance their business or hobby. The 

petitioner’s own market research shows pent up demand for these services currently exists in 

the real estate market and other markets are just beginning to emerge. Although videography 

and photography are included in the request, the primary objective will be aerial survey of farm 

crops for precision agriculture. The petitioner has identified universities and other agencies that 

could benefit from the operation requested in this application. 

A quick internet search will show that many are currently operating similar UAS in exactly this 

fashion without, it is assumed, FAA authorization. The petitioner has refrained from engaging in 

commercial use of the UAS. The primary purpose of seeking this exemption is to obtain the 

capability to offer those services while remaining in compliance. The petitioner has 8 years of 

experience in the radio control model aircraft hobby, as well as 4 years experience in aerial 

photography and surveying for architectural and engineering uses.

Respectfully submitted,

Gary D. Jacobs

Owner and Founder

Jacobs Illustration