John Hall

6121 SW 37th Ave

Portland, OR 97221

Jrhall10@gmail.com 

 

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE

Washington, DC 20590

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

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 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. FAA-2014-0355 in the matter of the petition

of FLYING CAM INC
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 Hall, referred to hereafter as the petitioner, request

exemption from the following sections of Title 14, Code of Federal Regulations §§ 

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 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 1-3.

The FARs 

The petitioner seeks exemption from the above mentioned FARs for the following reasons; 

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. 

The UAS

The DJI Phantom 3 is a highly successful consumer grade small rotorcraft in the quadcopter

configuration with an advertised weight of 3 pounds and a top speed of less than 87 knots (100 miles

per hour). It is designed primarily to carry aloft a high definition camera. It has an internal inertial

measuring unit (IMU) with integrated barometric sensor augmented with global positioning system

(GPS) to maintain its geo-spatial orientation and position. It is controlled primarily through a 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. It has 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 25

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.

Risk mitigation 

The petitioner has reviewed FAA exemptions reference’s 1-3 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 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.”

Operation within 5 miles of an airport is 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. 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 enhanced personal

photography. The petitioner will provide clients with photographic data for these purposes on a ‘for

hire’ basis. 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”. 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. The petitioner’s own market research shows pent up demand for these services

currently exists. A quick internet search will show that many are currently operating similar UAS in

exactly this fashion without, it is assumed, FAA authorization. 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.

Respectfully submitted, 

John Hall