December 3, 2015 

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: Exemption Request Section 333 of the FAA Reform Act 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), 

and 14 C.F.R. Part 11, Jeremiah Dalton DBA Pendulous Pro hereby applies for an exemption 

from the Federal Aviation Regulations (FARs) listed below to allow operation of our Unmanned 

Aircraft Systems (UAS) commercially in airspace regulated by the Federal Aviation 

Administration (FAA) so long as such operations are conducted with and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

Applicant has reviewed FAA 2015 Exemption Numbers -11062, -11109, - 111112 and -11213 

and determined that this request is similar in nature. 

Summary to be published in Federal register: 

Jeremiah Dalton DBA Pendulous Pro seeks exception to 14 C. F. R 21, 45.23 (b) 91. 7(a), 91.121, 

91.1 SI (b), 91.203, 91.207, 91. 405(a), 91. 407(a) (1), 91. 409(a) (1) &(a) (2), and 91. 417(a) & 

(b). in accordance to Section 333 of the FAA 1Vlodernization and Reform Act of 2012 (the 

Reform Act), and 14 CP:R. Part 11 to allow operation of Unmanned Aircraft S'ystems (UAS') 

commercially in airspace regulated by the Federal Aviation Administration (FAA). 
I. Applicants name and address: 

Jeremiah Dalton DBA Pendulous Pro 

717 Woodland Drive 

Dothan, Al . 36301 

II. The specific applicable regulations from which relief is requested (CFRs); 

14 C.F.R 21, 45.23 (b), 91.7(a), 91.121, 91.151(b), 91.203, 91.207, 91.405(a), 91.407(a) (1), 

91.409(a) (1) &(a) (2), and 1.417(a) &(b), 91.9(b) (2) and 91.119. 

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, DJI Phantom 3 and DJI Inspire 1 meet the conditions of 

FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. 

Applicant request relief from 91.207 Emergency Locator Transmitter due to the limited 

operational zone of the UAS. 

Applicant request relief from 14 CFR 45.23Markings and Registration 1Vumber since sUAS size 

does not permit required markings. Registered sUAS will be marked in permitted manner to 

meet the intent of requirement. 

Applicant requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) &(a)(2), and 

91.417(a) &(b), as these sections set forth requirements for maintenance that only apply to 

aircraft with an airworthiness certificate. Additionally, maintenance, alterations, or preventive 

maintenance on the UASs will be made using the methods, techniques, and practices prescribed 

in the operating documents. 

Applicant seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI 

Phantom 3 and DJI Inspire 1 do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, Applicant submits that all sUAS used for purposes listed in 

proposal are in an airworthy condition, prior to every flight, by determining that the UASs are in 

compliance with the operating documents and that the aircraft are in a condition for safe flight. 

Applicant seeks an exemption from the requirements of Section 91.121, entitled Altimeter 

Settings, as the DJI Phantom 3 and DJI Inspire 1 will not have a typical barometric altimeter 

onboard. However, altitude information will be provided to the PIC via Global Positioning 

System (GPS) equipment and radio communications telemetry data link, which downlinks from 

the UAS to the GCS for active monitoring of the flight path. This altitude information, combined 

with visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. 

Applicants seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFIR conditions. Applicant submits that safety will not be affected by 

operation of the DJI Phantom 3 and DJI Inspire 1 during daylight hours in visual meteorological 

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total 
duration of approximately 13.5 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4.5 minutes. 

Applicant requests exemption from 91.9(b) (2) Civil Aircraft Flight Manual Marking and 

Placard Requirements, the requirement of placards and on-board flight manuals since these 

items would not be feasible due to the small size of the UAS aircraft. The applicant will ensure 

that the appropriate operating manuals and safety procedure guidelines are located at the ground 

station during flights. 

Applicant requests exemption from 91.119 Minimum Safe Altitudes since the UAS can be safely 

flown at lower altitudes than traditional aircraft. The UAS will be flown at or below 400 feet 

AGL. 

III. How the operator will maintain an equivalent level of safety or no adverse impact to 

safety 

UAS Pilot in Command~PIC ~ 

In accordance with Section 333 exception, Pendulous Pro Pilot PIC currently holds a FAA 

Commercial Pilot-Rotorcraft-Helicopter; Instrument Helicopter license. He has a FFD military 

medical flight certificate on file, a valid Alabama State Drivers License and completes an 

instrument flight review every 12 months with a military Flight Instructor and meets CFR 61.56 

requirements. He possess over 1000 hours of flight time. Future Pendulous Pro PICs will be 

required to meet requirements set forth by FAA such as those stated in sUAS Notice of Proposed 

Rule Making if approved and wi11 include restrictions of flight for any sUAS without first having 

at least 2 hours of training time with a practice drone below 100 feet AGL and 10 hours of 

training time with the exact aircraft used for the business operations. The PIC candidate will only 

train in areas with very little or no observers. This allows the PICs for Pendulous Pro to test all 

the systems and understand fail safe features to the fullest extent before conducting business with 

the UAS. 

Unmanned Ai.rcraft SYstems 

Jeremiah Dalton DBA Pendulous Pro will register all UAS in accordance with 49 U.S.C. 44103, 

Registration ofAircraft, as well as 14 C.F.R Part 47, Aircraft Registration. DJI Phantom 3 and 

DJI Inspire 1 equipped with a built-in camera. These UASs have a built-in capability to set limits 

of height it flies above the ground, to limit the radius of the distance from the operator and to 

exclude it from Class B, C and D airspace including a no fly zone feature. The Phantom and 

Inspire also have the failsafe function of the Naza-M autopilot system which means when the 

communication between the Main Controller and the transmitter is disconnected, the outputs of 

all command sticks from controller will go to the center position. The GPS allows an 

automatically triggered Return to Home feature and will land safely without aid of the PIC. The 

UAS of Pendulous Pro will be operated in the field of view with both a Pi1ot in Command (PIC) 

and a ground-based Visual Observer (VO) in accordance with FAA Policy N 8900.227 Section 

14 "Operational Requirements for UAS" with the following additional restrictions: 
• A11 UAS will weigh less than 55 pounds including payload. 

• The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour). The use of 

either groundspeed or calibrated airspeed will be used for compliance. 

• All operations in controlled airspace will be coordinated with appropriate ATC facility. 

• The UAS will be operated within Visual Line of Sight (VLOS) of the Visual Observer (VO) at 

all times in order to adhere to "see and avoid". 

•Whi1e the UAS are airborne, the visual observer (VO) will maintain voice contact with the Pilot 

in Command (PIC). 

• All UAS will be maintained and inspected to ensure that it is in a condition for safe operation. 

• Before each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. 

• Operations will only be operated over private property, commercial property, or other property 

with permission of the land owner. 

• The UAS will not operate within 5 NM of any airport or heliport (unless well-coordinated with 

the ATC) 

• Operations will be limited to day, visual meteorological conditions 

• sUAS used will be equipped with "Return to Home" technology in order to mitigate risk of 

"loss of positive control" 

IV. How granting the exemption would be in the public interest 

The benefits of sUAS compared to manned aircraft. 

• sUAS are light weight compared to traditional aircraft meaning considerably less danger 

and damage to people and structures on the ground in the event of an accident. 

• Electric sUAS use considerably less energy. There is no fuel to ignite if there is an 

accident and no noxious gases exhausted. They are environmentally "green" vehicles. 

• sUAS can be launched on-site, eliminating transit times to and from the operating area as 

well as airport traffic. The result is shorter flight times, no exposure to people and things 

outside operating area and almost no possibility of coming in to contact with other 

aircraft. 

• Electric sUAS are have superior noise reduction compared to manned aircraft. 

• sUAS can operate safer in smaller space and lower to the ground than manned aircraft. 

• The lower acquisition and operating cost of sUAS will make aerial photography 

affordable to organizations that have a need but could not justify the high cost of manned 

aircraft. 

• Adherence to the above restrictions and limitations present a significantly lower risk to 

the public and the sUAS operators compared to traditionally operated aircraft. 
V. Proposed Operations 

The requested exemption would allow Jeremiah Dalton DBA Pendulous Pro to pursue 

commercial interests in the Southeast area of Alabama providing services to consumers 

interested aerial data capture using sUAS comprised of the DJI Phantom 3 and DJI Inspire 1 in 

the foliowing areas: 

• Real Estate Photography 

• Marketing/Advertising 

• Insurance Claims 

• Golf Course Planning 

• Construction Monitoring 

• Inspections 

• Land Appraisal 

• Wedding Photography/Video a 

• Surveying 

• Special Events 

• Vineyard/Winery 

Jeremiah Dalton DBA Pendulous Pro states that a11 UAS flights that will occur over private or 

controlled access property, with the property owner's prior consent and knowledge and that only 

people who have consented or otherwise have agreed to be in the area where filming will take 

place will be filmed. 

VI. The make and model of the aircraft for proposed operations 

Make : DJI 

Model: Phantom 3 Professional 

Model: Inspire 1 

A complete description of the Failsafe Functions of the DJI Phantom 3 and DJI Inspire 1 

UAS is available 

On-line at DJI Phantom 3 User Manual and DJI Inspire 1 Manual 

Pendulous Pro Contacts 

Jeremiah Dalton 

(334) 796-1485 

jkdalton46gyahoo. com 

Respectfu 

A

y`JL, 

remiah Dalton DBA 

Pendulous Pro