January 14, 2016

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Dean Schwartz dba NADM Enterprises - Petition for Exemption to Operate Unmanned Aircraft 

Systems Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95 (2012) 

(“Section 333”) and the general exemption authority of the Federal Aviation Administration (“FAA”) under 

49 U.S.C. § 44701(f), Dean Schwartz (“Petitioner”) hereby petitions for exemptions from Federal Aviation 

Regulations (“FARs”) 14 C.F.R., Part 21, 14 C.F.R. §§ 61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 

91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 

91.417(a) and (b). 

Petitioner:

Dean E. Schwartz 

dba NADM Enterprises

14624 Waterview Cir

Addison, TX 75001

972-365-7223 

ed.schwartz@usa.net
Petition Summary 

Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined publication is needed: 

Petitioner requests an exemption that would allow the commercial operation of small, unmanned aircraft 

systems (“UAS”) weighing 55 pounds or less equipped for the purpose of creating real estate; yacht; resort; 

event marketing photo and video media; security; aerial inspections; education and training; performing 

search and rescue operations in conjunction with law enforcement personnel. The requested exemption 

should be granted because operation of the proposed small UAS pursuant to the strict conditions outlined 

below will provide an equivalent level of safety as Congress intended. Petitioner will operate the following 

UAS: DJI Phantom 3, DJI S1000. Petitioner’s lightweight UAS are far safer than conventional flight 

operations containing flight crew and passengers. Petitioner’s UAS are small and will operate at slow 

speeds, close to the ground, far from airports in low-risk, low-population environments. They will operate 

only in line of sight within a restricted environment. 

The PIC has held a Private Pilot's license since the early 1990's with considerable experience operating 

from Military as well as large and small Civilian airfields. The PIC has also held an instrument rating since 

March of 1995. The PIC’s substantial experience and on going training favors granting of the exemption. 

Petitioner’s UAS will carry no passengers, have enhanced safety measures, and operate under the specific 

guidelines and specifications outlined herein. Accordingly, Petitioner respectfully requests that the FAA

grant the requested exemption without delay. 

The Petitioner requests exemption from the following rules: 14 C.F.R., Part 21, 14 C.F.R. §§ 61.113(a) and 

(b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

Petitioner’s UAS 

The requested exemption will permit the operation of the DJI Phantom 3, and the DJI S1000. The FAA has 

recently granted Section 333 exemptions for several DJI UAS, including the DJI Phantom 3 and DJI S1000. 

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 CFR Part 47, and 

have identification (N-Number) markings in accordance with 14 CFR Part 45, Subpart C. Markings will be 

as large as practicable in accordance with § 45.29(f). 

Flight Conditions and Operations 

The UAS will be flown in airspace under 400 feet above ground level and under controlled conditions. At 

least 85% of Petitioner’s UAS operations will occur below 150 feet above ground level. If Petitioner intends 

to operate within five (5) miles of any active landing strip or airport, Petitioner will follow proper FAA

procedure, notifying the FAA in advance of operation and when operation is complete. Petitioner’s pilot in 

command (“PIC”) holds a private pilot’s license, and a current driver's license acting with the privileges of a 

sport pilot. The PIC will always make a safety assessment of the risk of every operation and will only 

operate UAS when the PIC determines no undue hazards exist. The PIC will operate all UAS with 

instruments of first-person-view of the UAS and maintain constant GPS communication and flight 

telemetry data. Either the PIC or minimum of one (1) visual observer will be required to be in line of sight 

of the UAS at all times to further watch for intrusions into the area from individuals and other aircraft. All 

visual observers have experience flying radio-controlled aircraft. The PIC and if required, the visual 

observer will be in constant communication through at least one (1) of the following methods: cellular 

phone communication (constant open call during flight); two-way radio communication; or verbal 

communication. No UAS flight will exceed line-of-sight distance of the PIC and visual observer at any 
time. 

All UAS will be flown on private property with the consent of the landowner. Petitioner will protect the 

privacy of all involved and non-involved parties present during the use of the UAS. Petitioner will obtain 

consent and permission from any party filmed or photographed and will not film or photograph any party 

that has not provided consent. The visual observer will be on the lookout for any trespassers so all 

operations can be quickly stopped if an unauthorized person come within range of the operation. For each 

UAS use, flights will be logged in a traditional pilot log-book. Records from each UAS use are further 

documented through an electronic invoice/billing system that records the date of each UAS flight and 

associated payments. Petitioner will follow the procedures for start-up set forth in the manual for each UAS. 

Additionally, Petitioner will perform a site inspection before each flight to determine additional measures 

that may be necessary to safely operate the UAS. Petitioner will further perform a pre-flight 

communications check to make sure the PIC, visual observer, and UAS can remain in contact. 

Public Interest

One of Petitioner’s proposed uses of the UAS under this application is for search-and-rescue missions 

(“SAR”). Petitioner will contract with law enforcement personnel for UAS SAR. The UAS used in SAR 

operations may be equipped with additional UAS SAR technology including heat-scanning or infrared and 

night-vision camera systems. SAR missions can be extremely costly for law enforcement with traditional 

fixed-wing aircraft and helicopters. With Petitioner’s UAS, small highly maneuverable unmanned UAS will 

aid and support search efforts for a fraction of the cost, risk, and resources. The UAS SAR could also be 

used to “drop in” supplies, including a radio, GPS locator, medical supplies or water, to a stranded victim in 

an otherwise unreachable location before rescue crews are able to safely extract the victim. Petitioner’s use 

of UAS in SAR operations is a valuable asset to public safety. 

Aircraft and Equivalent Level of Safety 

Petitioner proposes that the exemption requested herein apply to UAS that have the characteristics and that 

operate within the limitations outlined herein. These limitations provide for at least an equivalent or greater 

level of safety to operate under the current regulations. 

Petitioner agrees to the following limitations and conditions with conducting its commercial UAS 

operations under an FAA exemption: 

1. All UAS will weigh no more than 55 pounds. 

2. All UAS will be operated within line of sight of the PIC and visual observer. 

3. The maximum total flight time for each UAS flight will conclude upon the earlier of thirty (30) minutes 

or until 25% of UAS battery remains. 

4. The UAS will be operated at an altitude of no more than 400 feet above ground level. 

5. The PIC will hold a pilot’s license and a required medical certification. 

6. The minimum crew for each UAS flight will be the PIC and if required one visual observer. 

7. The crew for each operation will at all times be able to communicate by voice or through radio or cellular 

devices. 

8. Written or oral permission will be obtained from the landowners or their authorized agents of the land 

over which all flights will occur. 

9. All necessary permissions and permits will be obtained from all appropriate local governmental agencies. 

10. All UAS will have the capability to abort a flight in case of unexpected obstacles or emergencies. 

11. All UAS will be equipped with enhanced failsafe (return-to-home) technology. 

12. No UAS operations will present any national security issue. 

13. Petitioner will obtain an Air Traffic Organization issued Certificate of Waiver or Authorization (“COA”) 

prior to conducting any operations under this grant of exemption. In fulfilling the requirements of the COA, 
Petitioner will be required to request a Notice to Airmen (“NOTAM”) not more than 72 hours in advance, 

but not less than 48 hours prior to operation. 

Satisfaction of Section 333’s criteria (size, weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within line of sight and national security) provide an adequate justification for 

the grant of the exemptions requested herein allowing Petitioner’s commercial operation of UAS for the 

purpose of creating real estate; yacht; resort; event marketing photo and video media; security; aerial 

inspections; education and training; performing search and rescue operations in conjunction with law 

enforcement personnel. 

Statutory Authority for Exemption

Section 333, in reference to 49 U.S.C. § 44704, provides a mechanism for expedited operational 

authorization for the use of safe civil UAS operations in the National Airspace System (“NAS”). 

Specifically, Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion” of final rulemaking. If the Secretary of 

Transportation determines that certain UAS “may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system. 

§ 333(c). The FAA Administrator also has the general authority to grant an exemption if the Administrator 

finds the exemption to be in the public interest. 49 U.S.C. § 44701(f). The Federal Aviation Act (the “Act”) 

expressly grants the FAA the authority to issue exemptions for exempt civil aircraft, as defined by § 40101 

of the Act, which includes an exemption for small UAS from the requirement that all civil aircraft have a 

current airworthiness certificate. 

Requested Exemptions

Petitioner respectfully requests relief from the following regulations: 

14 C.F.R. Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness certificates, and airworthiness approvals. 

The Act and Section 333 both authorize the FAA to exempt aircraft from the requirement of an 

airworthiness certificate upon consideration of the size, weight, speed, operational capability, and proximity

to airports and populated areas of the particular UAS. It is clear that Petitioner’s UAS may be operated 

without an airworthiness certificate, in the restricted environment and under the conditions proposed in a 

manner as safe or safer than a conventional aircraft operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

The small UAS to be operated hereunder (i) are less than 55 pounds fully loaded, (ii) carry neither pilot nor 

passengers. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and in compliance with local public safety requirements. The FAA will have 

advance notice of all operations. Application of these criteria demonstrate there is no credible threat to 

national security posed by the UAS based on its size, speed and location of operation, lack of explosive 

materials, and inability to carry a substantial external load. 

61.113(a) and (b) prescribes that “no person who holds a private pilot certificate may act as a 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,” and that “a private pilot may, for 

compensation or hire, act as pilot in command of an aircraft in connection with any business or employment 

if (1) The flight is only incidental to that business connection with any business or employment if (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or 

property for compensation or hire.” 
61.133(a) sets forth privileges for persons holding commercial pilot certificates, including a provision that 

limits the ability to act as PIC of an aircraft for compensation or hire to persons holding a commercial pilot 

certificate. Petitioner’s UAS operations will be limited to restricted conditions and a controlled 

environment. The PIC will hold his private license, giving him extensive knowledge based on his 

experience and the exams and courses required to obtain his pilot’s licenses. Additionally, while the UAS 

will be operated in connection with Petitioner’s business, no passengers or cargo will be transported. 

Petitioner believes these factors warrant relief from 61.113 (a) and (b) and 61.133(a). 

91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.

As there will be no airworthiness certificate issued for the UAS should this exemption be granted, no 

standard will exist for determining airworthiness. Petitioner will keep all UAS maintenance and safety 

information at the pre-determined ground station, where it will be readily accessible to the PIC and visual 

observer. Based on the documents available at the ground station, the PIC will be able to make a 

determination as to the airworthiness of the UAS. 

91.9(b)(2) prohibits the operation of U.S.-registered civil aircraft 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 dated August 8, 2014, Petitioner does not believe exemption from 

91.9(b) or 91.203(a) and (b) is necessary. However, to the extent the FAA deems an exemption from these 

sections necessary for Petitioner’s proposed operations, such exemptions should be granted. Petitioner’s

UAS are too small to safely carry the required manuals and placards. Additionally, as the UAS are 

unmanned, the manuals and other required information is more useful to the PIC at ground control. 

91.103(b)(1) prescribes, in pertinent part, that each PIC shall, before beginning a flight, become familiar 

with all available information concerning that flight. This information must include— (a) For a flight under 

instrument flight rules (IFR) or a flight not in the vicinity of an airport, weather reports and forecasts, fuel 

requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays 

of which the PIC has been advised by air traffic control (ATC); (b) For any flight, runway lengths at airports 

of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which 

an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, 

the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified 

in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft 

performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind 

and temperature. 

Petitioner will comply with all applicable requirements of 91.103(a) and (b) and requests relief from 

91.103(b)(1). The PIC will review weather, flight and battery requirements, UAS performance data, and 

appropriate landing and takeoff distances before each flight. Any risks presented will be mitigated by the 

PIC’s ability to see all nearby air traffic and activate the UAS return-to-home procedures if necessary. 

91.119(c) prescribes that, “[e]xcept when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: . . . (c) Over other than congested areas. An altitude of 500 feet above 

the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.” 

Due the nature of Petitioner’s UAS activities filming and photographing, Petitioner requests relief from 

91.119(c) with respect to participating persons, vehicles, and structures directly involved in Petitioner’s

operations. Each UAS manual sets forth safety factors that will be used to ensure safe operation when in 

proximity to consenting participants. Petitioner will ensure that no UAS are operating within 500 feet of 

non-participating persons. 

91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter 
setting available before departure.” 

Petitioner will not have a typical barometric altimeter on board the UAS. Instead, altitude information is 

provided to the UAS PIC through a digitally encoded telemetric data feed, which downlinks from the 

aircraft to an on-screen display on the ground. Prior to each flight, a zero altitude initiation point will be 

established and confirmed for accuracy by the PIC. 

91.151 prescribes, in pertinent part, that “(a) No person may begin a flight in an airplane 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— (1) During the day, to fly after that for at 

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) 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.” 

91.151 provides for a safety reserve of fuel so that aircraft may timely land when fuel is running low. 

Petitioner will operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of battery 

remains. All UAS are additionally equipped with a low battery failsafe that allow the UAS to safely land 

when little battery remains. The UAS are not propelled by fuel and will operate only within the safety 

constraints of the UAS battery life. 

91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it “(1) an 

appropriate and current airworthiness certificate [. . . and] (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).” 

91.203(b) prescribes, in pertinent part, that “no person may operate a civil aircraft unless the airworthiness 

certificate 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.” 

91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as 

prescribed in subpart E of the same part and shall, between required inspections, except as provided in 

paragraph (c) of the same section, have discrepancies repaired as prescribed in Part 43 of the chapter. 

91.407(a)(1) prescribes that no person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless it has been approved for return to service by a person 

authorized under § 43.7 of the same chapter. 91.409(a)(2) prescribes, in pertinent part, that no person may 

operate an aircraft unless, within the preceding 12 months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with Part 21 of the same chapter. 

91.417(a) and (b) prescribes, in pertinent part, that each registered owner or operator “keep the following 

records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive 

maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, 

rotor, and appliance of an aircraft. The records must include— (i) A description (or reference to data 

acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work 

performed; and (iii) The signature and certificate number of the person approving the aircraft for return to 

service. (2) Records containing the following information: (i) The total time in service of the airframe, each 

engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft that are 

required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, 

including the time since the last inspection required by the inspection program under which the aircraft and 
its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety directive number and revision 

date. If the AD or safety directive involves recurring action, the time and date when the next action is 

required. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and 

currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the 

following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section 

shall be retained until the work is repeated or superseded by other work or for 1 year after the work is 

performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or 

operator under § 43.11 shall be retained until the defects are repaired and the aircraft is approved for return 

to service.” 

Petitioner will comply with safety and maintenance procedures included in all UAS manufacturer’s

instructions and operating manuals. If necessary, Petitioner will develop and document additional 

maintenance protocols to ensure the highest level of safety. Therefore, Petitioner’s exemption from 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is warranted. 

Conclusion 

This Petition for Exemption demonstrates the appropriate safeguards and criteria that Congress articulated 

in Section 333 including weight, speed, operating capabilities, proximity to airports, operation within VLOS 

and national security concerns. The proposed UAS operations will benefit the public as a whole by reducing 

human exposure to the risks associated with manned aircraft performing the activities. The public will also 

benefit from Petitioner’s search and rescue operations. In consideration of the foregoing, this Petition for 

Exemption provides the FAA with more than adequate justification to allow commercial operation of 

Petitioner’s small UASs for the purpose of creating real estate; yacht; resort; event marketing photo and 

video media; security; aerial inspections; education and training; performing search and rescue operations in 

conjunction with law enforcement personnel. 

We appreciate your prompt consideration of our requested exemptions. Should you have any questions, or if 

you need any additional information to support the requested exemptions, please do not hesitate to contact 

the undersigned. 

Respectfully submitted,

Dean E. Schwartz 

dba NADM Enterprises

14624 Waterview Cir

Addison, TX 75001

972-365-7223