Aerial PIC llc

Jeff Webbe, Owner & Operator

17941 W. Jojoba Rd., Goodyear, AZ 85338

jjwebbe@gmail.com

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA FMRA and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Jeff Webbe, 

owner and operator of Aerial PIC llc, (“the petitioner”), operating the DJI Inspire 1 Unmanned Aircraft System 

(“Inspire 1”) and the DJI Phantom 3 Unmanned Aircraft System (“Phantom 3”), requests exemption from the 

Federal Aviation Regulations listed below. The requested exemptions would allow the petitioner to use the

Inspire 1 and Phantom 3 Unmanned Aerial Systems for commercial purposes such as obtaining aerial images, 

photos and video footage for use in marketing, real estate, agriculture, insurance, surveying, aerial 

photography and videography, construction, events, police and governmental support, and search and 

rescue operations. The petitioner plans to begin commercial operation in 2015 if the requested exemptions are 

approved.

REQUESTED EXEMPTIONS:

• 14 C.F.R. Part 21 

• 14 C.F.R. Part 36 Noise Standards 

• 14 C.F.R. 45.23(b) Markings and Registration Number

• 14 C.F.R. 61.113(a) & (b) Private Pilot Privileges and Limitations

• 14 C.F.R. 61.133(a) Commercial Pilot Privileges and Limitations

• 14 C.F.R. 91.7(a) & (b) Civil Aircraft Worthiness

• 14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual Marking and Placard Requirements

• 14 C.F.R. 91.119 Minimum Safe Altitudes

• 14 C.F.R. 91.121 Altimeter Settings

• 14 C.F.R. 91.151(a) & (b) Fuel Requirements in VFR conditions

• 14 C.F.R. 91.203(a) & (b) Airworthiness Certificate

• 14 C.F.R. 91.207 Emergency locator transmitters 

• 14 C.F.R. 91.405(a) Maintenance Inspections

• 14 C.F.R. 91.407(a)(1) Maintenance Inspections

• 14 C.F.R. 91.409(a)(2) Maintenance Inspections

• 14 C.F.R. 91.417(a) Maintenance Inspections
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Exemption Request Section 333 Aerial PIC llc

Jeff Webbe, Owner & Operator

17941 W. Jojoba Rd., Goodyear, AZ 85338

jjwebbe@gmail.com 

REGARDING THE UNMANNED AIRCRAFT SYSTEM:

The UAS aircraft for which the petitioner is requesting exemption are the DJI Phantom 3 and the DJI Inspire 1 

and their associated portable ground station controllers. Both aircraft are quad-copters with mounted gimbal 

camera equipment. Both the Phantom 3 and the Inspire 1 are lightweight (3 pounds and 7 pounds 

respectively), highly maneuverable, remotely controlled aircraft with built-in safety features including lost-link 

capability, which enables the aircraft to enter the fail-safe Return-To-Home mode in the event that the link 

between the aircraft and ground station is lost. The UAS aircraft can operate for approximately 20 minutes on 

one battery charge. However, both aircraft can be programmed prior to flight with the height and radius limits 

of the operations area. If this feature is not enabled, the aircraft under no circumstances will be operated over 

400 feet AGL. The Phantom 3 and Inspire 1 utilize two-channel wireless communication devices as ground 

stations. These devices use FCC-compliant 5.8GHz frequency band for the video link and a 2.4 GHz transmission.

Pre-flight inspections of the UAS aircraft and ground station will be completed prior to each flight to ensure that 

UAS aircraft are fully operational and in good condition for a safe flight. The petitioner will conduct flights in 

accordance with the user manual of each UAS aircraft provided by the manufacturer, and adhere to the 

manufacturer’s maintenance requirements. Please see attached user manuals for the Phantom 3 and Inspire 1 

for additional information regarding the UAS aircraft.

REGARDING THE UNMANNED AIRCRAFT PILOT IN COMMAND:

The petitioner, Jeff Webbe, obtained his private pilot certificate in 1993, his commercial pilot certificate in 2009, 

and his certified flight instructor in 2010. The petitioner maintains a class 2 medical and has approximately 500 

hours of accumulated flight time, with over 50 hours in a single engine aircraft with retractable landing gear.

The petitioner has never been subject to an FAA enforcement action, nor has he ever been involved with an 

aircraft accident or incident. The petitioner has flown unmanned remote controlled aircraft as a hobbyist since 

2010. In the event that the petitioner utilizes an employee to act as pilot in command of the UAS aircraft, they 

will have a minimum private pilot certificate, a current class 3 medical, and one hour of supervised training on 

the UAS aircraft to include emergency maneuvers and other safe flight requirements. 

During flights, the petitioner will utilize a visual observer who is able to communicate verbally with the pilot in 

command at all times.

REGARDING THE OPERATION OF THE UNMANNED AIRCRAFT SYSTEM:

The majority of the petitioner's operations will be conducted in Arizona. As part of the safety and flight planning 

procedure to be followed prior to each flight, the pilot in command will: visually survey the flight area to ensure 

there are no potentially dangerous situations; create a designated ground station and/or landing area with 

restricted access for involved personnel only; ensure the flight area is more than 5 nautical miles from an airport

(unless prior permission is obtained) and not subject to any TFRs; ensure the weather conditions are suitable for 

flight; ensure the flight area is a safe distance from uninvolved persons, dangerous obstacles, and the public at 

large; and complete a pre-flight inspection of the UAS aircraft and ground station components.
3

Exemption Request Section 333 Aerial PIC llc

Jeff Webbe, Owner & Operator

17941 W. Jojoba Rd., Goodyear, AZ 85338

jjwebbe@gmail.com 

The petitioner will adhere to the following UAS Operating Procedures:

1. All flights will be conducted below 400' AGL and flight speeds will not exceed 50 knots.

2. The pilot in command and designated visual observer will have direct line of sight visual observation of 

the UAS aircraft at all times, and operate only within visual line of sight. 

3. Prior to the start of a flight, the pilot in command will activate the UAS's global positioning system flight 

safety procedure and lost-link procedure to ensure safe landing of the aircraft in the event of a lost link 

or compromised communication. 

4. On each flight, the UAS aircraft will return to the designated landing area with no less than 5 minutes of 

battery power remaining.

5. In the event that a flight will take place within controlled class D airspace, the petitioner will obtain 

written permission from airport management and have the supporting documentation on site.

6. Flights will only be conducted during daylight hours, within the parameters of VFR flight. 

EXPLANATION OF EXEMPTIONS REQUESTED:

• 14 C.F.R. Part 21 

The petitioner requests exemption from airworthiness certification because the size, weight, speed, and 

operational capability of the UAS pose significantly less risk than the risks posed by conventional aircraft. While 

manned aircraft pose risks to the life and safety of the crew; that is not a consideration with the UAS. Risks to 

third parties are also minimized given the minimal weight of the UAS, the slow speed at which the UAS would 

operate, and the limited flight area of the UAS. There are no risks of fuel spillage with the UAS since they are 

battery-powered; therefore the risk of fire in the event of an accident is much less for the proposed UAS than for 

traditional aircraft. Thus the petitioner requests that the FAA waive the requirement that the UAS designated in 

this request maintain an airworthiness certificate.

• 14 C.F.R. Part 36 Noise Standards 

The petitioner requests exemption from noise standards because; given the small size and battery-powered 

engine, the UAS would have negligible noise impact.
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Exemption Request Section 333 Aerial PIC llc

Jeff Webbe, Owner & Operator

17941 W. Jojoba Rd., Goodyear, AZ 85338

jjwebbe@gmail.com 

• 14 C.F.R. 45.23(b) Markings and Registration Number

The petitioner requests exemption from the size requirement of aircraft identification markings. Due to the small 

size of the UAS, it cannot accommodate the type-size requirement. The petitioner will identify the UAS aircraft 

by serial number in the largest feasible type-size, registered in accordance with 14 CFR Part 45 & 47.

• 14 C.F.R. 61.113(a) & (b) Private Pilot Privileges and Limitations

• 14 C.F.R. 61.133(a) Commercial Pilot Privileges and Limitations

The petitioner, Jeff Webbe, is a commercial pilot. However, the petitioner requests an exemption that would 

allow a pilot in command to be employed and duly compensated who meets the requirements of private pilot 

with current class 3 medical certificate in the event that the petitioner himself is not the pilot in command. The 

petitioner will only operate the UAS over property where the owner or owner's representative has agreed that 

the operation should occur. 

• 14 C.F.R. 91.7(a) & (b) Civil Aircraft Worthiness

As requested in 14 C.F.R. Part 21, the petitioner requests exemption from the requirement of an airworthiness 

certificate. However, the petitioner will ensure the safety and airworthiness of the UAS aircraft during all flights.

• 14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual Marking and Placard Requirements

The petitioner requests exemption from the requirement of placards and on-board flight manuals since these 

items would not be feasible due to the small size of the UAS aircraft. The petitioner will ensure that the 

appropriate operating manuals and safety procedure guidelines are located at the ground station during 

flights.

• 14 C.F.R. 91.109 Flight Instruction 

The petitioner requests exemption from the requirement that flight instruction be conducted in aircraft that 

have dual controls. In the event that the petitioner hires another person to act as pilot in command, that 

person will be a private pilot, hold a current class 3 medical certificate, and undergo ‘instruction’ on the UAS 

during dedicated training flights which will be operated at least 500 feet from non-participating persons.

• 14 C.F.R. 91.119 Minimum Safe Altitudes

The petitioner requests exemption from this requirement since the UAS can be safely flown at lower altitudes 

than traditional aircraft. The UAS will be flown at or below 400 feet AGL. • 14 C.F.R. 91.121 Altimeter Settings

The petitioner requests exemption for the required altimeter settings since the UAS aircraft is not equipped with 

an on-board altimeter as outlined in the regulation. The petitioner will monitor aircraft altitude using the UAS 

controls from the designated ground station. The petitioner will operate flights at a maximum of 400 feet AGL at 

all times.
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Exemption Request Section 333 Aerial PIC llc

Jeff Webbe, Owner & Operator

17941 W. Jojoba Rd., Goodyear, AZ 85338

jjwebbe@gmail.com 

• 14 C.F.R. 91.151(a) & (b) Fuel Requirements in VFR conditions

The petitioner requests an exemption from the VFR-flight fuel carrying requirements because the UAS will 

operate on battery power. Operations with the UAS will maintain a 5-minute reserve battery time.

• 14 C.F.R. 91.203(a) & (b) Airworthiness Certificate

The petitioner requests exemption for the required airworthiness and registration certificates.

• 14 C.F.R. 91.207 Emergency locator transmitters 

The petitioner requests exemption from the requirement that aircraft be equipped with an emergency locater 

transmitter, given the limited flight area of UAS flights.

• 14 C.F.R. 91.405(a) Maintenance Inspections

• 14 C.F.R. 91.407(a)(1) Maintenance Inspections

• 14 C.F.R. 91.409(a)(2) Maintenance Inspections

• 14 C.F.R. 91.417(a) Maintenance Inspections

The petitioner requests exemption from the regulated inspection intervals and mechanic certifications required 

for manned aircraft. The petitioner will maintain records of maintenance, service and repair to the UAS and will 

follow guidelines outlined by the UAS manufacturer.

CONCLUSION:

The petitioner respectfully requests consideration of this request for exemption from the aforementioned 

Federal Aviation Regulations for the purpose of commercial flight operations of UAS aircraft (DJI Phantom 3 and 

DJI Inspire 1). 

Sincerely,

Jeff Webbe

Owner & Operator, Aerial PIC llc