August 12, 2015 

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 1200 

New Jersey Avenue, SE. 

Washington, DC 20590 

Reference: James Thielemann Inc. Petition for Section 333 Exemption: Re: Small Unmanned Aircraft 

Systems in security of aerial photography and geographic information system operations. Docket No. 

FAA-2015-1680

Dear Sir or Madam: 

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

James Thielemann Inc. Which is owned and operated by Mr. James Thielemann is petitioning for an 

exemption from the Federal Aviation Regulations (“FARs”) and other rules/statutes pertaining to the 

following described unmanned aircraft system (UAS) called in this application the Phantom 2 System. 

Section 333 of the FMRA addresses special rules for certain UAS and grants the FAA authority to allow 

for the safe operation of certain (UAS) within the national airspace. James Thielemann Inc. respectfully 

requests the FAA to exempt James Thielemann Inc. from these certain regulations to perform its 

services commercially and provide a positive impact for the public. 

James Thielemann Inc. provides security services, real estate photography and Geographic Information 

Systems (GIS) for business and personal. With the integration of unmanned aircraft technology into 

James Thielemann Inc.’s services this new avenue of intelligence will, in a positive way, impact the 

publics with less of an environmental impact from manned aircraft with their emissions and the fatal

injuries that they represent. 

James Thielemann Inc. has the operational maturity to deploy safely and provide the benefits of UAS 

technology. Following the traditional standards of manned flights a standard operating procedure (SOP) 

has been established which includes a pre-flight checklist, a flight checklist, a before landing checklist1, 

and a area of interest (AOI) with dedicated waypoints. The pilot in command (PIC) will have complete 

control of flight. 

Flights would be conducted over the AOI by permission and altitudes will not exceed 400’ AGL. A ground 

crew of 2 will consist of a PIC, and a Visual Observer (VO) for line of sight.

The DJI Phantom 2 System that James Thielemann Inc. intends to deploy is manufactured by DJI 

Innovations, Inc. DJI supplies more than 50% of global demand for such vehicles to commercial and 

industrial sectors. The Phantom 2 System is a quad copter with a plastic shell that can maintain stable 

and steady flight within 22 knots of wind. The Phantom 2 has a GPS built in as well as an optical flow 

camera that maintains a stereoscopic image of the ground, which helps to prevent it from drifting if GPS 

is lost. Max flight time is 18-22 minutes but all James Thielemann Inc. operations are limited to 15 

minutes (68-82% battery consumption) with a reserve of 3-8 minutes (18-32% battery reserve) for 

return to base procedures. A “dynamic home” button on the remote control gives the PIC a one-touch 
button return home/base action. The Phantom 2 System is controlled by a remote control base station 

and a Apple iPad which runs an application (App) that provides airspeed, waypoints, compass, battery 

life, flight time and airspace information. 

The Phantom 2 System will be operated in the field in accordance with FAA Policy N 8900.227 Section 14 

"Operational Requirements for UAS" and with the following Restrictions: 

(a) All flights will be restricted to 10lbs gross weight; 

(b) All operations will occur in FAA Class G airspace and not to exceed 400ft AGL, at an airspeed of no 

more than 25 knots and no further than 3/4 NM from the PIC or line of sight; 

(c) All operations will utilize a Pilot in Command (PIC), and Visual Observer (VO) at all times during a 

flight operation; 

(d) Operations will be restricted to flights over private property with the permission of the property 

owner and any other permission needed for the area of operation; 

(e) All required permits will be obtained from state and local government prior to operation; 

(f) The Phantom 2 System will not be operated over densely populated areas; 

(g) The Phantom 2 System will not be operated at air shows; 

(h) The Phantom 2 System will not be operated over any open-air assembly of people; 

(i) The Phantom 2 System will not be operated over heavily trafficked roads; 

(j) The Phantom 2 System will not be operated within 5 NM of an airport or heliport; 

(k) Operations will be restricted to day only and weather conditions equivalent to VFR; 

(l) The PIC will brief the VO, and property owner about the operation and risk before the first flight at 

each new location; 

(m) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain 

that the Phantom 2 system is in a condition safe for flight. 

We submit that the combination of the UAS's light weight, flight performance and ability, fully qualified 

flight crew and strict operation under the guidelines established in 8900.227, and under all of the 

Restrictions (a) through (o) listed above, the FAA can have full confidence that the operation will have 

an equivalent or greater level of safety than manned aircraft performing the same mission. 

Name and address of the Petitioner: 

James Thielemann Inc.

c/o James Thielemann 

3120 Kingston Ct.

West Palm Beach, FL 33409 

Phone: 561-373-8932 
Email: jim@jthielemann.com 

14 CFR 11.81 (b) – Exemptions Requested: 

The FAA considers unmanned aircraft as “aircraft” flown by a “pilot” regardless of the location of the 

pilot. All aircraft and pilots must comply with applicable sections of Title 14 of the Code of Federal 

Regulations (14 CFR) and other rules/regulations to operate within the National Airspace. Unmanned 

aircraft are unable to comply with certain sections of 14 CFR as the regulations were written prior to the 

consideration of small UAS integration within the national airspace. Therefore James Thielemann Inc. is 

respectfully requesting an exemption from certain parts of 14 CFR cited below, in addition to such 

further exemptions and relief as the FAA may determine is necessary to permit the operations described 

herein. 

14 CFR Part 21 Subpart H – Airworthiness certification 

14 CFR Part 91.119 – Minimum safe altitudes 

14 CFR Part 91.151 – Fuel requirements for flight in VFR conditions 

14 CFR Part 91.203 (a) and (b) – Civil Aircraft; Certifications Required 

14 CFR Part 91.405 – Maintenance required 

14 CFR Part 91.407 – Operation after maintenance, preventive maintenance, rebuilding or alteration 

14 CFR Part 91.409 – Inspections 

14 CFR Part 91.417 – Maintenance Records U.S. DOT-FAA-Air Traffic Organization Policy 

14 CFR Part 91.7 – Civil Aircraft Airworthiness 

14 CFR Part 91.9 (b) – Civil aircraft flight manual, marking and placard requirements 

14 CFR Part 11.81 (c) – The extent of relief James Thielemann Inc. seeks, and the reason James 

Thielemann Inc. seeks the relief: 

James Thielemann Inc. seeks relief pursuant to this exemption from applicable parts of the Federal 

Aviation Regulations and other rules/regulations to the extent necessary to permit civil flight operations 

within the national airspace. James Thielemann Inc. seeks authorization to conduct small UAS flight 

operations within the perimeters of this exemption request. 

14 CFR Part 21 Subpart H (Airworthiness Certificates). 

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA 

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the Phantom 2 System under either or both of the following 

provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) 

Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft 

installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with 

regulations, conducting flight tests and other operations to show compliance with the airworthiness 
regulations including flights to show compliance for issuance of type and supplemental type certificates, 

flights to substantiate major design changes, and flights to show compliance with the function and 

reliability requirements of the regulations. Since the experimental certificate can be used for 

commercial purposes such as market surveys, sales demonstrations, and customer crew training, we 

would expect that an experimental certificate would permit our commercial purpose as well. The 

aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the UAS’s lightweight, being constructed primarily of carbon fiber and 

plastic, we propose that the UAS will be at least as safe, if not safer, than a conventionally certificated 

aircraft performing the same mission. 

If an experimental airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, 

citing the equivalent level of safety outlined in the previous paragraph. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. 

Since our Phantom 2 System is restraint to 400 feet AGL James Thielemann Inc. would not be able to 

comply with this requirement. In order to provide an equivalent level of safety we will only fly over 

private property within the size of the property and with the permission of the owner of the property. 

The aircraft will not be operated over congested areas or over any open-air assembly of persons. The 

property owner will be briefed on the expected route of flight and the associated risks to persons and 

property on the ground. The aircraft will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. Therefore we maintain 

that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes. 

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to 

landing. The UAS is battery operated and the maximum duration of flight from a single battery charge is 

a max flight time of 18-22 minutes but all James Thielemann Inc.’s operations are limited to 15 minutes 

(68-82% battery consumption) with a reserve of 3-8 minutes (18-32% battery reserve) for return to base 

procedures. A “dynamic home” button on the remote control gives the PIC a one-touch button return 

home/base action. The Phantom 2 System is controlled by a remote control base station and a Apple 

iPad which runs an application (App) that provides airspeed, waypoints, compass, battery life, flight time 

and airspace information. This will ensure that we meet the reserve energy requirement of this 

paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with 

the word "energy". 

14 CFR Part 91.203 (a) and (b) – Civil Aircraft; Certifications Required. 
These regulations state that (a) Except as provided in §91.715, no person may operate a civil aircraft 

unless it has within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. 

airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of 

the applicable operations specifications issued under §21.197(c) of this chapter, appropriate sections of 

the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the 

operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it 

the registration number assigned to the aircraft under part 47 of this chapter. However, the 

airworthiness certificate need not have on it an assigned special identification number before 10 days 

after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an 

assigned special identification number that has been affixed to an aircraft may only be obtained upon 

application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued 

to its owner or, for operation within the United States, the second copy of the Aircraft registration 

Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign 

country. (b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the 

cabin or cockpit entrance so that it is legible to passengers or crew. 

Should the FAA allow for the exemption of 14 CFR Part 21, James Thielemann Inc. would need an 

exemption from this regulation, as an airworthiness certificate would not be required. The proposed 

placard would be placed on the aircraft. 

Owner: 

James Thielemann, Inc. 3120 Kingston Ct., West Palm Beach, Fl 33409 Model: Phantom 2, Serial Number: 

ph645293493

If found please contact: (561) 373-8932

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations. 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require 

that the aircraft be "approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy 

condition prior to every flight and in addition conduct detailed inspections after every two hours of 

flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board computer. The 

manufacturer or their designated repair facility will perform all other maintenance. The PIC will 

document work performed in accordance with 91.417. We feel that due to the size, construction, and 

simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

14 CFR Part 91.7 (Civil Aircraft Airworthiness). 

This regulation states that (a) No person may operate a civil aircraft unless it is in airworthy condition 

and (b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in 
condition for safe flight. The pilot in command shall discontinue the flight when un-airworthy 

mechanical, electrical, or structural conditions occur. This exemption would not be necessary should the 

FAA approve the exemption for 14 CFR Part 21 Subpart H. If James Thielemann Inc.’s UAS is not required 

to obtain an airworthiness certificate, then this would not apply; however James Thielemann Inc. would 

maintain the UAS and the PIC would deem the UAS safe for flight operations and discontinue any flight if 

any mechanical, electrical, or structural problem arose. 

14 CFR Part 91.9 (b) (Civil Aircraft Flight Manual, marking and placard requirements) and 14 CFR Part 

91.203 (a) and (b) (Civil Aircraft; Certifications Required). 

This regulation states that no person may operate a U.S. registered civil aircraft-(1) For which an 

Airplane or Rotorcraft Flight Manual is required by Part 21.5 of 14 CFR unless there is available in the 

aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in 14 CFR 

Part 121.141 (b); and (2) For which an Airplane or Rotorcraft Flight Manual is not required by 14 CFR 

Part 21.5, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight 

Manual, approved manual material, markings and placards or any combination thereof. Based on the 

FAA’s Memorandum titled, “Interpretation regarding whether certain required documents may be kept 

at an unmanned aircraft’s control station”, dated August 8. 2014, James Thielemann Inc. feels that 

requesting relief from these regulations may not be necessary. James Thielemann Inc. will have in its 

possession, on site, the UAS manufacturer’s flight/operations manual and registration paperwork. 

8900.227 Paragraph 16(c)(4) PIC Medical and Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate 

issued under part 67 in order to perform as a pilot or observer. 

The UAS maximum gross weight is 6.7 pounds, it is constructed of plastic and the PIC is not on board. 

Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and VO 

become medically incapacitated while the aircraft is in flight, the UAS will return autonomously to the 

site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meet the 

same medical requirements as a commercial pilot carrying passengers in a large aircraft is an 

unnecessary burden. We propose that the minimum medical requirements for the PIC and VO be a FAA 

third class medical certificate. 

14 CFR Part 11.81 (d) – The reasons why granting James Thielemann Inc.’s request would be in the 

public interest; that is, how it would benefit the public as a whole: 

Granting an exemption for James Thielemann Inc. would allow the organization to safely and efficiently 

conduct small UAS flight operations to assist its communities in providing security services, real estate 

photography and geographic information systems (GIS) for business or personal and in some emergency 

cases assist with local first responders if approved. 

UAS operations will provide more efficient service to its clients and community and could positively 

impact the security of property and relief operations via shared resources with first responders. 

Without this exemption, James Thielemann Inc. would be restricted to ground only inspections which 

would not have the benefits of UAS efficiency in terms of both service and safety. 
Property inspections at these areas are difficult and at times dangerous for employees to navigate, 

especially when debris and dwelling integrity is an issue. 

James Thielemann Inc., with the integration of unmanned aircraft technology into James Thielemann 

Inc.’s services, will have an immediate and positive impact by providing enhanced services and 

experience while providing safer and environmentally efficient service by dismissing the use of manned 

helicopters and their emissions. This new avenue of intelligence will, in a positive way, impact the 

publics’ interest with a complete evaluation of their security and less of an environmental impact from 

manned aircraft, emissions and the fatal injuries they represent. 

14 CFR Part 11.81 (e) – The reasons why granting the exemption would not adversely affect safety, or 

how the exemption would provide a level of safety at least equal to that provided by the rule from 

which James Thielemann Inc. seeks the exemption: 

James Thielemann Inc. requests that the exemption be granted with the following limitations and 

operational conditions. These limitations and conditions will provide an enhanced level of safety and will 

be the guiding principles when James Thielemann Inc. is conducting operations under this exemption: 

A. The small unmanned aircraft (Phantom 2-System) systems maximum takeoff weight will be less than 

10lbs. James Thielemann Inc. is willing to have its authorization restricted below the 55 lb. threshold to 

the operating weight of the unmanned aircraft identified. 

B. The UAS will not be operated directly over any person, except authorized and consenting personnel at

the site or unless the UAS is at sufficient altitude not to create a hazard to other people or property on 

the ground. 

C. All flight operations will be operated at an altitude of no more than 400ft above the ground (AGL) 

within daylight VFR conditions and within visual line of sight (VLOS). The UAS will be operated within 

VLOS of the PIC at all times. The UAS will remain clear and yield the right of way to all other manned 

operations and activities at all times. All operations will utilize at least one visual observer (VO) and the 

PIC and VO will be able to communicate verbally at all times. The UAS will not operate within 5 nm of 

any airport 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 a COA. All flights will be communicated to FAA 

Flight Service with posted NOTAMS prior to the flight(s). 

D. All flight operations will be conducted within line of sight of the pilot in command and visual 

observer(s). Maximum total flight time for each flight will be 18-22 minutes but all James Thielemann 

Inc. operations are limited to 15 minutes (68-82% battery consumption) with a reserve of 3-8 minutes 

(18-32% battery reserve) for return to base procedures. A “dynamic home” button on the remote 

control gives the PIC a one-touch button return home/base action. 

E. Flight operations and safety briefings will be conducted prior to all planned small unmanned aircraft 

system flights and will be mandatory for PIC and VO. Briefings will include weather reviews, take off, 

landing and aircraft performance data for those real time conditions, and full pre- and post-flight 

inspections/checklists and briefings for each specific unmanned aircraft system, including the ground 

control station being operated and account for any discrepancies (i.e. inoperable components, items or

equipment that are not covered in the relevant preflight inspection sections of the operations manual.) 
Before conducting any flight, the radio frequency spectrum used for the operation and control of the 

UAS will comply with the FCC or other appropriate government oversight agency requirements. 

F. Any UAS that has undergone maintenance or alterations that affects the UAS operation or flight 

characteristics must undergo a functional test flight in accordance with the manufacturer’s 

recommendations. The PIC who conducts the test flight will make an entry in the UAS aircraft records of 

the flight. All maintenance and alterations will be properly documented in the aircraft records. James 

Thielemann Inc. will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection and life limit requirements. All maintenance, preventive maintenance, 

alterations, status of replacement/overhaul component parts, and the total time in service of the UAS 

will be recorded and documented. James Thielemann Inc. will comply with all manufacturer safety 

bulletins. 

G. In the event of a communication lost link, the UAS will return to a specific predetermined location 

and once the UAS is safely recovered, all flight operations will cease until any communication/data link 

issues are properly resolved. The UAS will abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operator’s manual. 

H. Regarding privacy concerns, James Thielemann Inc. will coordinate all activities with incident 

command and any other public officials. 

I. Any incident, accident or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA’s UAS Integration Office 

(AFS-80) within 24hrs. Accidents will be reported to the National Transportation Safety Board (NTSB) per 

instructions contained on the NTSB Web site: www.ntsb.com. James Thielemann Inc. will suspend all 

flight operations until the incident, accident, or transgression is reviewed by AFS-80 and authorization to 

resume operations is provided. 

14 CFR Part 11.81 (f) A summary the FAA can publish in the Federal Register, stating: 

(1) The rule from which you seek the exemption Petitioner: James Thielemann Inc. 14 CFR and FAA 

regulations that James Thielemann Inc. seeks an exemption: 

14 CFR Part 21 Subpart H 

14 CFR Part 91.7 

14 CFR Part 91.9 (b) 

14 CFR Part 91.109 

14 CFR Part 91.119 

14 CFR Part 91.151 

14 CFR Part 91.203 (a) and (b) 

(2) A brief description of the nature of the exemption you seek: 

James Thielemann Inc. seeks relief from the applicable parts of 14 CFR 21, 45, 61, 91 and U.S. DOT-FAAAir Traffic Organization Policy Notice N JO 7210.873 (6.d) as requested within this petition to allow 
James Thielemann Inc. to safely and efficiently conduct civil UAS flight operations. This will have an 

immediate and positive impact by providing enhanced services and experience while providing safer and 

environmentally efficient service by dismissing the use of manned helicopters and their emissions. This 

new avenue of intelligence will, in a positive way, impact the publics’ interest with a complete 

evaluation of their security and less of an environmental impact from manned aircraft, emissions and

the fatal injuries they represent 

14 CFR Part 11.81 (g) – Any additional information, views or arguments available to support James 

Thielemann Inc.’s request: 

This exemption would allow James Thielemann Inc. to provide security services, real estate photography 

and Geographic Information Systems (GIS) for business, personal and communities as a whole. 

Additional development and operations would benefit not only James Thielemann Inc. and its

communities, but would allow James Thielemann Inc. to serve as a partner with the FAA and others 

within the UAS community to advance this new and emerging technology in a safe and controlled 

environment. James Thielemann Inc. has demonstrated the value of our request to utilize our UAS 

technology and in productive and safe manner within the FAA guidelines. 

14 CFR Part 11.81 (h) – Request to exercise the privileges of the exemption outside the United States, 

the reason why the petitioner needs to do so: 

James Thielemann Inc. does not seek to exercise the privileges of this exemption, should it be granted, 

outside of the United States. Our request is strictly to be granted authority for civil UAS operations at 

locations within the national airspace system. 

Sincerely, 

James Thielemann

Owner

James Thielemann Inc.