David N. Fisher

September 2, 2015

12031 Center Dr

Vernon, TX 76384

Cell 940-357-0263

Email: fisher.dnf@gmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act of 2012

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 in the matter of petition 

of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the matter of the petition 

ofADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 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 David N Fisher, 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 photography, videography, crop

surveying, 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 conditions identified and proposed by the petitioner are drawn from 

references 13.

The FARs

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.

The UAS

The DJI Phantom 3 Professional is a consumer grade small rotorcraft in the quadcopter configuration 

with an advertised weight of 1280 grams designed to carry aloft a high definition camera. It has an 

advertised maximum speed of 16 m/s (ATTI mode, no wind) and a maximum climb rate of 5 m/s. It is 

powered by four electric motors. It is controlled primarily by a remote control (RC) unit. Real time video 

information is transmitted back to a ground control station allowing the operator and/or 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. . It utilizes an intelligent flight battery that continuously calculates its current distance from 

the controller and the amount of power needed to return, so the operator always knows when they 

should continue flying. The onboard flight controller will warn the pilot via external lighting and audio 

cues before reaching a low battery state. It is anticipated that flights will usually last 18-20 minutes. 

Risk mitigation

The petitioner has reviewed FAA exemptions reference’s 13Conditions 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 nontowered 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. 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 photography, videography, crop 

surveying, 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. 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 identified universities and other agencies 

that could benefit from the operation requested in this application. A quick internet search will show 

that many are currently operating similar UAS in exactly this fashion without, it is assumed, FAA 

authorization. The primary purpose of seeking this exemption is to obtain the capability to offer those 

services while remaining in compliance. 
Respectfully submitted,

David N. Fisher