April27, 2015 

Stephen C. Denty 

8810 Leeshire Lane 

Raleigh, NC 27615 

919.669.7286 

-~- --- ~----~---- -~~----~~-~--------~- Docket Management System 

U.S. Department of Transportation 

1200 New Jersey Ave., SE 

Washington, DC 20590 . 

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

1 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (MRA), Public Law 

112-95, Stephen C. Denty ("Petitioner"), is seeking an exemption from the applicable Federal 

Aviation Regulations listed on page 2 herein. 

The Petitioner is seeking the exemption to allow the use of the DJI Phantom 2 and the DJI 

Phantom 3 UAS four rotor (quadcopters) in commercial operations so long as such operations 

will are conducted within and under the conditions outlined either herein or as established by the 

FAA in an exemption granted under section 333. 

As referenced throughout this exemption request, Petitioner is willing to follow and abide by the 

conditions the FAA has required in issuing recent Section 333 exemptions, specifically 

· --- - - -Exemption-No-:-J-J256·(SkyPhilly):-rhis-reference<shotild give the-FAA-a-basis for-consideration 

and processing this exemption request. 

Petitioner is proposing to use a small lightweight UAS, the DJI Phantom Series, 2 and 3, 

referenced above, to collect, analyze, conduct aerial photography, principally for the purpose of 

precision aerial surveys, agriculture, remote sensing, structure assessment, land survey 

photogrammetry, aerial filing and photography, construction site inspection and monitoring, and 

industrial survey and monitoring. As such, this proposed UAS services will provide industry 

with efficient and accura~ihformation source; provide land oWners, farmers, contractors and 

others with a safe and cost effective method to f!lake management decisions. The UAS weighs 

between 2.2 and 3 pounds fully loaded and therefore is a small UAS and falls well below the 55 

pound payload limh referenced by the FAA in previous exemptions granted. 

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2 

This Petitioner Requests Relief from the Following FAA FAR's 

Section 61.113, (a) & (b); 

Section 61.133 (a); 

Section 91.7. (a); 

Section 91.119 (c); 

Section 91.151 (a); 

Section 91.405(a) 

Section 91.407(a) (I); 

Section 91.409(a) (2); 

Section 91.417(a) & (b) 

TERMS OF REFERENCE: 

Aircraft 

• Petitioner submits that the grant of this exemption will apply to the DJI Phantom series 

UAS, all of which weigh less than 55 pounds including payload, are fully controllable by 

the Petitioner ("Operator") including payload and the UAS is equipped for safe a efficient 

operation and return-to-home and landing capability should the GPS or wireless 

communication link be lost. The UAS will be maintained in condition for safe operation, 

including a pre-flight inspection and ground operational check according to the 

manufactures guidelines and recommendations. The following is a general description of 

the Phantom UAS: 

• ~Multifunctional Quad~rotor-System~ ___ ---- ---- - ---- - ~- ---- -----.-- - ---......._ ---

• Customized H3-2D and H3-3D Gimbal Support 

• Precision Flight and Stable Hovering 

• 25min Flight Time & Smart Battery 

• Auto Return-to-Home & Landing 

• Advanced Power Management 

• IOC -Intelligent Orientation Control 

• Easy Battery Replacement 

• Self-tightening Propeller 

• Video Downlink Support 

• CAN-Bus Expansion Module 

• IMU - On-board Inertial Management Unit 

-~------~----
3 

National Airspace System (NAS) 

• All operations shall be conducted in Class G airspace unless otherwise allowed with prior 

A TC permission. No operations shall be conducted in Class A airspace, restricted 

airspace or at night as defined in 14 C.F.R. 1.1. (evening civil twilight and the beginning 

of morning civil twilight). 

• The Operator shall, before beginning a UAS flight, become familiar with all available 

information concerning that flight. This information shall include- weather reports and 

forecasts, battery capacity with a 5 minute reserve, regulations and procedures, sectional 

~-~----...:.::..;..~--charts~a:itports,and larrdirrg-areas-;incluclihg"applicaolcrtrafficpatterns ancril1sfrlliTie~ -~~ 

approach procedures of nearby airports and all applicable NOT AMS. 

• The UAS Operator must yield right-of-way to all other manned aircraft and UAS, 

parachute activities, ultralight vehicles, parasailing activities and hang gliders, etc. at all 

times. 

• The UAS Operator will remain 500 feet below clouds and 2000 feet from clouds 

horizontally. 

• No UAS will not be launched from a moving land based vehicle or an aircraft. 

• The Operator shall not allow an object to be dropped from the UAS. 

• The UAS operated in accordance with this exemption must 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 must be 

as large as practicable. 

• The UAS Operator must not operate within 5 nautical miles of an airport reference point 

- -·(~tRPtas~denoted-in-the-current~FA"A--AirportfPacility·Directory-(7\:FDYor"fot'airports·not- - -~- -

denoted on the current FAA-published aeronautical chart, unless a letter of agreement 

with the airports management is obtained or otherwise permitted by a Certificate Of 

Authorization (COA) issued to the exemption holder and made available to any law 

enforcement official upon request. 

Operational Control 

1. The Operator must maintain operational control at all times utilizing a ground 

control station. The UAS is programmed to return to the initial takeoff point or a 

predetermined location if the communication link or the GPS signal is lost, to be 

recovered. 

2. The UAS may not be flown at an indicated airspeed exceeding 50 knots. 
3. The UAS may be operated at an altitude of not more than 400 feet above ground 

level ("AGL"). 

4 

4. Prior to each UAS flight, the pilot in command ("PIC") must inspect the UAS to 

ensure it is in a condition safe for flight. All UAS rotors will be checked prior to 

flight for correct function and condition. The flight operation will be discontinued 

if any discrepancy is found with the UAS or with the ground control station prior 

the the VAS flight. The ground control station must be an integral component of 

the preflight inspection and safety check. -------·-- _......._,_~-

5. UAS maintenance records must be properly documented in the UAS records and 

a record of the preflight test will be noted in the records by the PIC conducting the 

functional test. 

6. The preflight inspection by the PIC in accordance with the manufacture 

specifications of the UAS must include the following: 

Battery charge and flight duration estimate 

UAS start up and rotor function check 

Calibration of the on-board compass 

Proper functional control of the ground station 

VAS marking light systems working properly 

An elapsed timer device as a backup for reserve battery life. 

7. The PIC must possess at least a private pilot certificate and third-class medical 

certificate and meet the flight review requirements specified in 14 C.F.R. 61.56 

as to the UAS. 

8. The Operator may not permit any PIC to operate unless that PIC has demonstrated 

through training of the VAS and currency requirements that the PIC is able to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption including evasive and emergency maneuvers and 

maintaining appropriate distance from people, vessels, aircraft and structures. 

9. The altitude of the small unmanned aircraft cannot be higher than 400 feet AGL 

(122 meters) above ground level; The minimum flight visibility, as observed 

from the location of the ground control station must be no less than 3 statute miles 

(5 kilometers); and the minimum distance of the small unmanned aircraft from 

clouds must be no less than: (1) 500 feet (150 meters) below the cloud; and 
5 

(2) 2,000 feet (600 meters) horizontally away from the cloud. 

I 0. The PIC is prohibited from beginning a UAS flight unless there is enough power 

to fly to the first point of intended landing and assuming normal cruising speed, to 

fly after that for least 5 minutes. 

II. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UAS must comply with the Federal Communications 

Commission ("FCC") or other appropriate government oversight agency 

requirements. 

12. ·--The documents required under 14-(>F:R:-9l:9·and-9l:-203 must· be available·to·the·~-- --

PIC at the ground control station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law 

enforcement official upon request. 

13. The UAS may not be operated over congested or densely populated areas unless 

the operations can be conducted at least 500 feet from all nonparticipating persons 

unless barriers and structures are present that protect nonparticipation persons. 

14. The UAS must be operated within visual line of sight ("VLOS") of the pilot in 

command ("PIC") at all times. No device other than corrective lenses may be used 

other than human vision as specified on the PIC's FAA issued medical certificate. 

The PIC must: 

(a) Know the unmanned aircraft's location; 

(b) Determine the unmanned aircraft's attitude, altitude, and direction; 

(c) Observe the airspace for other air traffic or hazards; and 

(d) Determine that the unmanned aircraft does not endanger the life or 

property of 

The PIC must be designated at all times and cannot transfer his or her designation 

· --for the duration ofthe flight. The PIC must ensure that the-Visual-Observer (VO), 

if used, must be able to communicate to the PIC at all times during the duration of 

the flight. 

Pilot in Command 

The pilot in command ("PIC") will be Stephen C. Denty (Petitioner), a Commercial 

Airplane, Rotorcraft-Helicopter and Glider Pilot, Certified Instrument Instructor for 

airplane and rotorcraft (CFII), with extensive experien_ce conducting a~iatio~ ground 

schools, providing instruction regarding the national rurspace system, mcludmg law 

enforcement flight and ground instruction, extensive experience flying a news 

helicopters, safety officer, and with well over 13,000 hours pilot in command flight time. 
6 

Summary 

In summary, the Petitioner, Stephen C. Denty, seeks an exemption from the FAR's listed above 

to operate commercially a small unmanned system (UAS), and provide the aerial survey services 

listed herein, providing high quality aerial data and photographs and actionable information to 

users. In doing so, the requested exemption will enhance safety and reduce risks as well (as 

related to manned aircraft) and therefore is in the public interest.j 

S phen C. Denty 

Petitioner 

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