September 19, 2015

Brian Byers

43 Carroll Ln

Limerick, ME 04048

Cell: 207.310.3987

Email: sophysdad@hotmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 2059

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

Attachments: 1) Phantom 3 Advanced User Manual V1.4 2015.09

 2) Phantom 3 Professional User Manual V1.4 2015.09

 3) Phantom pilot training guide V1.1 2014-04-07

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 Brian Byers, 

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, cinematography, videography, mapping, 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 1-3.

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 as percentage 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 record keeping, were sufficient to

ensure that safety would not be adversely affected.

The UASs

The DJI Phantom 3 Advanced as well as the Phantom 3 Professional are highly 

successful consumer grade small rotorcrafts in the quadcopter configuration 

with an advertised weight of less than 44 Ounces (1242g) designed primarily 

to carry aloft a high definition camera. They have an advertised maximum 

speed of less than 35 knots (15m/s) and a maximum climb rate of less than 

1200 feet per minute (6 m/s). They are powered by four electric

motors with a distance between motors of less than 14 inches (350mm). They

utilize an internal inertial measuring unit (IMU) with integrated barometric sensor

augmented with global positioning system (GPS & GLONASS) to maintain its

geospatial orientation and position. They are 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), 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 or less. 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 attachments 1 and 2 or http://www.dji.com/product/phantom-3.

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.

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 are anticipated to 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. 

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.

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial

photography, cinematography, videography, mapping, crop surveying,

inspections and other flight operations”. 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 has been using various remote controlled 

vehicles since childhood. The petitioner also holds Commercial Pilot and Flight 

Instructor certificates issued by the FAA.

Respectfully submitted,

Brian Byers