December 28, 2015

John E. Kildea Jr.

dba Brentwood Engineering LLC

2221 Saint Clair Avenue

Brentwood, MO 63144

(314) 368-9228

Email: jkildea653@gmail.com

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

References: 

1) FAA Exemption No. 11410, Regulatory Docket No. FAA-2015-0186 in the matter of the petition of

RALPH J. APEL

2) FAA Exemption No. 11341, Regulatory Docket No. FAA–2015–0037 in the matter of

the matter of the petition of BOB SOKOLER

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 John E Kildea Jr., 

referred to hereafter as the petitioner, request exemption from the following sections of 

Title 14, Code of Federal Regulations §§ 

61.113 (a) & (b), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (2), and 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, surveying, structural 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 petitioner seeks exemption from the above-mentioned FARs for the following 

reasons;

U.S. Department of Transportation Docket 

Management System 1200 New Jersey Ave., 

SE Washington, DC 20590

3) FAA Exemption No. 11728 Regulatory Docket No. FAA-2015-0850 in the matter of

the petition of ALON SICHERMAN

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61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of 

pilots, who hold a Sport 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.

91.7(a); Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to 

the extent required to allow petitioner to determine that the DJI Phantom 3 Professional 

and Inspire I Professional UASs are in airworthy condition prior to every flight by 

ensuring that the UASs are in compliance with the operating documents (i.e., the 

Monthly Maintenance Log, and DJI Phantom 3 Professional and Inspire I Professional

Instruction Manuals). 

Petitioner seeks the requested relief because the Phantom 3 Professional and Inspire I 

UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, petitioner will ensure that the DJI Phantom 3 

Professional and Inspire I Professional UASs are in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3 Professional and Inspire I Professional Manuals) prior to every flight, and 

further, determine that the aircraft is in condition for a safe flight. 

91.119(c) The petitioner requests waiver to allow reasonable and responsible operations 

in areas of subdivisions and neighborhoods if required. 

91.121 This 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)(1) The UAS provides battery power remaining in percent to the PIC. The UA 

batteries provide approximately 17 minutes for Inspire I Professional and 23 Minutes for 

Phantom 3 Professional, 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);

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, the petitioner requests relief from these 

Sections because the DJI Phantom 3 Professional and Inspire I Professional UASs do not 

require an airworthiness certificate. The DJI Phantom 3 Professional and Inspire I 

Professional UASs meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, the petitioner will use trained technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS using the 

methods, techniques, and practices prescribed in the UAS operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 Professional and Inspire I Professional 

Instruction Manuals). Furthermore, the 

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petitioner will document and maintain all maintenance records for the DJI Phantom 3

Professional and Inspire I Professional UASs.

The UAS 

The DJI Phantom 3 Professional and Inspire I pofessional are both highly successful 

consumer grade small rotorcraft in the quadcopter configuration with an advertised 

weight of less than 46 Ounces (1280g) designed primarily to carry aloft a high 

definition camera. Both rotocraft have an advertised maximum speed of less than 30 

knots (16m/s) and a maximum climb rate of less than 1200 feet per minute (5 m/s). 

They are powered by four electric motors with a distance between motors of less than 

14 inches (350mm) Both rotocraft utilize an internal inertial measuring unit (IMU) 

with integrated barometric sensor augmented with global positioning system (GPS) to 

maintain geospatial orientation and position. Both rotocraft are 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. Both rotocraft have 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 between 17- 23 minutes depending on Model. 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 on

http://www.dji.com/product/

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. 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. 

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Conclusion 

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

cinematography, videography, mapping, surveying, structural 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. 

Respectfully submitted 

John E. Kildea

DBA Brentwood Engineering LLC

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URL Links for attachment files over 30 MB:

1) DJI Phantom 3 Professional Information link including manuals and specifications: 

http://www.dji.com/product/phantom-3-pro/info

2) DJI Inspire 1 Professional Information link including manuals and specifications: 

http://www.dji.com/products/inspire