d

e

e

esque 

29384 Mary St 

Lindstrom, MN 55045 

651-769-4070 

andy.m.levesque@gmail.com 

Andrew Levesque will be providing clients with high quality imaging for a variety of commercial, 

public, and residential uses. He is a current licensed private pilot with hours of flying experience and is 

seeking an exemption from these specific requirements of Title 14 C.F.R.: 

I. 61.113{a) and (b) 

II. 91.119{b) and (c) 

Ill. 91.121 1V. 91.151{a) 

IV. 91.405{a) 

v. 91.407{a){1) 

VI. 91.409{a){1) and {2) 

VII. 91.417{a) and {b) 

Definitions 

I. AGL Above Ground Level 

II. ATC Air Traffic Control Ill. COA Certificate of Authorizat ion 

IV. FAA Federal Aviation Administration 

v. FAR Federal Aviation Regulation 

VI. GPS Global Positioning System 

VII. NAS National Airspace System 

VIII. PIC Pilot in Command 

IX. UA Unmanned Aircraft 

X. sUAS Small Unmanned Aerial System 

XI. VFR Visual Flight Ru les 

XII. VLOS Visual Line of Site 
flight permitting) 

Aircraft 

I. DJI Phantom 3 

A. Weight (Including Battery and Propellers) 2.82 lbs 

B. Diagonal Size (Including Propellers) 23.23 in 

C. Max Ascent Speed 11.2 mph 

D. Max Descent Speed 6.7 mph 

E. Max Flight 23 minutes 

F. Remote Controller Operating Frequency 2.400 GHz 2.483 GHz 

G. Auto Takeoff- Rises to a preset height and will hover in place until directed where to go 

H. AutoReturn- Home Remembers the exact spot it took off from to enable a tap of a button to 

return back home 

I. Low Battery Failsafe- If the flight battery is run running low or the Phantom 3 loses connection 

with the remote it will automatically return back home 

Specific Sections of C.F.R From Which Andrew Levesque Seeks Exemption 

I. Section 61.113(a) and (b) Private Pilot Privileges and limitations 

Section 61.113 states that no person who holds a private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command of an aircraft. The sUAS will not carry a pilot or passengers. Then the stated operations can achieve the equivalent level of 

safety by requiring the PIC operating the aircraft to have completed FAA Private Pilot Ground 

school instruction and passed the FAA Private Pilot written exam to operate these sUAS. These 

sUAS are not capable of carrying a pilot or passengers, therefore distinguishing them as 

remotely controlled vehicles. The area of operation is controlled and restricted providing a 

sound level of safety referenced from the operations manual. The risk associated with the 

operation of a UAS are greatly reduced with a private pilot acting as PIC thus exceeding the 

present level of safety achieved by section 61.113. 

II. Section 91.119 Minimum Safe Altitudes 

Section 91.119 states persons may operate a helicopter at less than the minimums prescribed in 

paragraph (b) or (c) ofthis section, provided each person operating the helicopter complies with 

any routes or altitudes specifically prescribed for helicopters by the FAA. The sUAS meets this 

criteria as a helicopter and requests the ability to operate at altitudes up to 400' AGL. Only in 

accordance with preobtained consent will the sUAS operate while also maintaining an altitude 
Section 91.121 states each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18,000 feet MSL, to the current reported altimeter setting of a station along 

the route and within 100 nautical miles of the aircraft. In the case of an aircraft not equipped 

with a radio, the elevation of the departure airport or an appropriate altimeter setting available 

before departure. The sUAS will reference its altitude based on GPS and will be restricted to a 

400' AGL ceiling. The PIC will also verify GPS elevation from multiple ground based sources prior 

to takeoff. 

IV. Section 91.151 Fuel Requirements for Flight in VFR conditions 

Section 91.151 states no person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the first point 

of intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes. The sUAS battery powered operational flight time is not able to incorporate a 20 

minute reserve window following successful first point of intended landing due to current 

battery capacity limitations. In order to provide adequate reserve power for return landing the 

sUAS will abide by a 12 minute flight time or 25% of remaining battery power, whichever 

happens first. 

V. Section 91.405(a), 91.407(a)(l), 91.409(a)(l) & (2), and 91.417(a) & (b) 

These sections only apply to aircraft with an airworthiness certificate, Andrew Levesque 

requests exemption from these sections because the DJI Phantom 3 does not require 

airworthiness certificates. Both sUAS are in accordance with FMRA Section 333 for operation, 

absent an airworthiness certificate. In order to insure proper maintenance the operations 

manual will be cited for necessary corrective measures. In addition, the PIC is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition, and 

any sUAS conducted maintenance will be documented for the life of the aircrafts. 
• Solar panel technicians can safely inspect potential installation locations without putting 

themselves in high elevation and sloping circumstances. 

• Agriculturists will have the ability to survey their land in a more timely manner and 

better document the condition of their property. 

• Marketing firms and other businesses would use unique aerial photography and 

panographic video to promote marketing campaigns and increase revenue. 

• Search and rescue entities could utilize the sUAS to help quickly aid in finding the 

location of person(s) while providing a better vantage point in closer quarters. Public 

Safety 

Public Safety 

• Both sUAS will reduce air and noise pollution.do to the aircraft being powered by a 

battery and brushless electric motors. 

• These small aircraft create less potential for harm, should an emergency situation occur, 

thanks to their size and weight. 

• Furthermore the lack of combustible fuel also significantly decreases their chances of 

producing harm. 

Conclusion 

Based on the criteria provided under the FMRA Section 333, Andrew Levesque requests that the FAA 

grants him exemption from 14 C.F.R Sections 61.113(a) & (b), 91.119(b) and (c), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409{a)(1) & (a)(2), and 91.417(a) & (b) in order to conduct contracted 

commercial sUAS operations using the DJI Phantom 3 for a wide range of industries and applications. 

Respectfully, 

Andrew Levesque