Petition for Exemption 14 CFR § 11.81

Exemption petition under SEC 333

Name:​Jay Eakman

Mailing Address:​1314 Carey Avenue, Davenport, IA 52803

Phone: ​+1.563.579.5865

Email​: jayeakman@gmail.com

The specific section or sections of 14 CFR from which you seek an exemption​:

Petition for Exemption under Sec 333

The extent of relief you seek and the reason you seek the relief:

Sec 333 prohibits the use of a UAS for commercial purposes on private property. I am

petitioning for an exemption to provide a commercial service to private landowners and

companies who wish to capture aerial photos and videos of said property for purposes

including real estate listings, insurance property claims, and for use as a marketing tool

for businesses. I would like to be able to accept payment for these services therefore

making this a commercial use of a UAS.

How would your request benefit the public as a whole:

My request benefits the public as a whole by providing an opportunity for small

business owners, real estate agents, and others who wish to document their land or

property to take advantage of the technology that now exists in the form of UASs.

Reasons why the exemption would not adversely affect safety, or how the exemption

would provide a level of safety at least equal to the existing rule:

The UAS for which I am requesting an exemption is DJI Phantom 3 Professional. It

weighs far less than 55 pounds, would be flown below 200 feet only during daytime VFR

conditions and would always stay within my sight. The UAS would also stay the

federally required distances away from airports and heliports:

● 5 nautical miles (NM) from an airport having an operational control tower; or

● 3 NM from an airport with a published instrument flight procedure, but not an

operational tower; or

● 2 NM from an airport without a published instrument flight procedure or an

operational tower; or

● 2 NM from a heliport with a published instrument flight procedure

While flying this for commercial purposes, I would be operating it primarily under 100

feet AGL for the purposes of taking photos, decreasing the risk of any interference with

aircraft. I would not be flying near major cities, disaster areas, sporting events, or high

traffic areas including airports. I will conduct a pre-flight review of any NOTAMs that

would affect the area of operation.
Further, the specific UAS for which I am seeking exemption is one with many safety

features:

● I plan to operate the DJI Phantom 3 Professional the majority of the time in

Position mode (P mode), which has a number of safety features including a built

-in GPS and Vision Positioning system, allowing it to hover accurately in position

outdoors and inside.

● When outdoors, GPS makes the Phantom 3 completely aware of its location and

relation to the operator. It hovers precisely, moves accurately, and locks on

satellites quickly.

● When GPS is available, a Home point will be locked so that the Phantom 3

Professional can return to home upon the operator’s request or if the remote

controller signal is lost.

● When indoors or when GPS is not available, I will ensure Vision Positioning is

always enabled by not operating the UAS in the following conditions:

○ Flying over monochrome surfaces (e.g. pure black, pure white, pure red,

pure green)

○ Flying over highly reflective surfaces

○ Flying at high speeds (over 8 m/s at 2 meters or over 4 m/s at 1 meter)

○ Flying over water or transparent surfaces

○ Flying over moving surfaces or objects

○ Flying in an area where the lighting changes frequently or drastically

○ Flying over extremely dark or bright surfaces

○ Flying over surfaces that can absorb sound waves (e.g. thick carpet)

○ Flying over surfaces without clear patterns or texture

○ Flying over surfaces with identical repeating patterns or textures (e.g.

tiles with the same design)

○ Flying over inclined surfaces that will deflect sound waves away from the

aircraft.

● Further, I plan to follow these recommendations to ensure Vision Positioning is

always available when GPS is not:

○ Keep the sensors clean at all times. Dirt or other debris may adversely

affect the effectiveness of the sensors.

○ Vision Positioning is only effective when the UAS is at altitudes of 0.3 to 3

meters.

○ The Vision Positioning System may not function properly when the

aircraft is flying over water.

○ The Vision Positioning System may not be able to recognize pattern on

the ground in low light conditions (less than 100 lux).

○ Do not use other ultrasonic devices with frequency of 40 KHz when Vision

Positioning system is in operation.

○ Vision Positioning System may not be able to stabilize the aircraft when

flying close to the ground (below 0.5 meters) at fast speeds.

● Bright LEDs on the front and back of the Phantom 3 Professional let the operator

know its status and the direction it is facing, helping the operator fly it safely and

with complete awareness of the sky.
● Through the DJI Pilot app, operators can track the UAS’s location on a live map,

and record its take off point so it can be returned with a tap of a finger. The DJI

Pilot app can also set a max altitude of 200 feet to ensure compliance with

federal guidelines. It also alerts operators when the UAS is getting close to no-fly

zones, such as airports, ensuring that the UAS stays outside of federally

restricted airspace.

● The remote controller is compliant with FCC requirements.

● For a full description of the safety features offered by the DJS Phantom 3

Professional, please see the enclosed operating manual.

Finally, I intend to follow these suggested safety regulations:

● Always keep the UAS under control.

● Always keep people and pets at least 35 feet away when the battery is

connected.

● Keep children out of the vicinity of the product at all times.

● Always use fully charged batteries.

● Keep transmitter powered on while the UAS is powered.

● Always keep transmitter powered on while UAS is powered.

● Always remove batteries before disassembly.

● Always keep moving parts clean and dry.

● Always let parts cool before touching.

● Always remove batteries after use.

● Always have a first aid kit with you.

● Always have an appropriate fire extinguisher with you.

● Never operate the UAS if wiring is damaged.

● Never touch moving parts.

A summary we can publish in the Federal Register​:

I, Jay Eakman, am seeking an exemption for the FAA’s Sec 333 rules that do not allow

the use of an Unmanned Aircraft for commercial purposes in regards to National

Airspace Safety. I am requesting an exemption to provide a commercial service to

private land owners and companies who wish to capture aerial photos and videos of

property for purposes including real estate listings, insurance property claims, and for

use as a marketing tool for businesses. The specific UAS for which I am seeking

exemption – DJI Phantom 3 Professional - is one with many safety features and weighs

far less than 55 pounds. When flying for commercial purposes, the UAS would be flown

below 200 feet during daytime VFR conditions and would always stay within my sight.

The UAS would also stay the federally required distances away from airports and

heliports and would not be flown near major cities, disaster areas, sporting events, or

high traffic areas. I understand and will comply with all health and safety regulations

and will be the only operator under this exemption.

If you want to exercise the privileges of your exemption outside the United States, you

must state the reason:

I have no intention on using this exemption outside the United States.