Stephen Wayne Caruso

2101 Magic Mantle Drive

Lewisville, Texas 75056

August 12, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

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, Stephen 

Wayne Caruso, 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 data collection, to include but not limited to aerial photography, 

videography, pipeline patrols, mapping, crop surveying, demonstration flights, 

inspections, film and movie production 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 13.

The FARs
August 12, 2015

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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 UAS specific 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 recordkeeping, were sufficient to 

ensure that safety would not be adversely affected.
August 12, 2015

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The UAS

The DJI Phantom 3 Professional plus is a recently released successor to the DJI

Phantom 2 series, a 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. It has an advertised maximum 

speed of less than 32 knots (16m/s) and a maximum climb rate of less than 1000 

feet per minute (5 m/s). 

It is powered by four electric motors with a distance between motors of less than 

12 inches (289.5mm) 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), and 

distance from PIC, camera imagery, and control camera angle. It has failsafe 

modes of operation for either loss of RC or GPS signal. The onboard flight

controller can limit altitude and maximum altitude can be preprogrammed

by the PIC. Battery life limits flight times to approximately 23 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 

http://www.dji.com/product/phantom3

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
August 12, 2015

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from the FAA. The UA may not operate within 5 nautical miles of the geographic

center of a non-towered 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 data 

collection, to include but not limited to aerial photography, videography, pipeline 

patrols, mapping, crop surveying, demonstration flights, inspections, film and 

movie production 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 
August 12, 2015

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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. 

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 is a licensed pilot, holding a commercial pilot certificate flying

single-engine land aircraft for over 20 years.

Respectfully submitted,

Stephen W. Caruso

Attachments: These attachments are too large for submission via the 

submission portal.

They are available at this website for viewing or download.

http://www.dji.com/product/phantom-3/download

1) Phantom 3 Professional User Manual

2) Phantom 3 Professional Quick Start Guide

3) Phantom 3 Safety Guidelines and Disclaimer

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