October 23, 2015

United States Department of Transportation

Federal Aviation Administration 

800 Independence Ave, SW

Washington, DC 20591 

RE: Petition for exemption from certain Title 14 CFR’s in regards to section 333 of the FAA 

Modernization & Reform Act of 2012 concerning Unmanned Aerial Systems (UAS) 

Dear Sir or Madam 

Per this letter of request, I seek exemption from several Title 14 CFR’s that relate to the commercial use 

of unmanned aerial systems (UAS). 

Personal Information

Name: Edward D Marchese II (hereafter referred to as “petitioner”)

Company: T&C Aerial Imaging LLC

Address: 388 Staggerbush Rd 

Williamstown, NJ 08094

Aerialimaging.nj@gmail.com

Background

The Petitioner is a certificated Commercial Pilot – Airplane Multi-Engine Land, and Certified Flight 

Instructor (CFI, CFII, MEI) , is requesting an exemption from the Federal Aviation Regulations (“FAR’s”) 

listed below and pursuant to the FAA Modernization and Reform Act of 2012 and the procedures 

contained within 14 C.F.R. 11. so the Petitioner may commercially operate a small ultra-light unmanned 

aerial system(“UAS”), specifically the DJI Phantom 3, and the DJI Inspire, quadcopter UAS or equivalent 

and ground station based equipment and crew for the purpose of obtaining photographs and video of 

commercial and residential properties and cinematography.
The Petitioner has been a Commercial Pilot (Certificate # 3149711) since 2006, and has no incidents or 

accidents. The petitioner stays up to date with aviation by being employed as a pilot with a Part 121 

Carrier and participating in ongoing requalification training and line checks. The petitioner would like to 

provide professional aerial photography/videography to property owners, real estate agents, and 

commercial businesses. As a Commercial Pilot, the petitioner understands the seriousness, necessity, 

and importance of preflight and inflight safety measures to ensure the safety of the operators and 

public. 

Public Good

Aerial photography/videography for geographical awareness, real estate marketing, exterior structural 

inspections has been around for a long time through the use of manned aircraft. Today, for small 

business and home owners the financial benefit of using unmanned aerial systems (UAS) is more 

accessible and cost effective. Granting this exemption to the Petitioner would allow him to provide this 

service at a reduced cost to the consumer. Also, the small UAS being used in this application will pose a 

reduced risk to the public. The operation of this UAS will also minimize ecological damage and promote 

economic growth. 

Description of UAV to be deployed under request 

The Petitioner currently owns a DJI Phantom 3 quadcopter. The Phantom 3 can take-off and land 

vertically. The UAS weighs approximately 3 lbs. and has a maximum airspeed of 25 knots. This UAS 

utilizes lithium polymer batteries which have approximately 20-25 minutes of total charge time. This 

results in an actual flight time of approximately 12-17 minutes. This model Phantom 3 utilizes a First 

Person View (FPV) which allows the PIC to visually monitor telemetry data on a ground station monitor 

including altitude, GPS signal strength, battery charge information, etc. This FPV also gives the PIC video 

feed from the attached camera showing what images are being captured.

Preflight 

The Petitioner will always follow procedures outlined in the UAS operator’s manual. This would include 

proper preflight inspection of all hardware, software, environment and any other factors related to the 

safety of flight. 

FCC Information 

The UAS proposed to be used under this exemption is a DJI Phantom 3. The control link operates on the 

2-4 GHz ISM radio frequency. Published range is 1000 meters (3280ft). Receiver sensitivity is -97dBm. 
PIC Qualifications

The Petitioner holds a Commercial Pilots License (Certificate Number 3149711) and 1st Class Medical 

Certificate. Petitioner has PIC time in multiple general aviation aircraft, both single and multi-engine. 

The Petitioner is also SIC type rated in a CL-65 and is completing a PIC type in CL-65 under a part 121 

training program at this time. The petitioner also has over 100 flight hours flying UAS’s as a hobbyist. 

Description of Intended Commercial Operations

Petitioner intends to solicit work for property inspections, real estate agents, insurance companies, and 

other commercial businesses and private property owners to provide photography and videography. 

This work will always be conducted with the permission of the property owner or respective agent. 

Flight operations will be restricted to flight directly over the property that has granted permission. The 

Petitioner does not foresee any instance where the UAS would be flown over any crowds or assemblies 

of people in an open air environment. If in fact any mission would require flight over crowds the 

Petitioner will elect not to make said flight. Safety will always be the primary concern regarding any 

flight. 

The Petitioner agrees to place a sign during any flight operations that states: Caution Unmanned Aerial 

Vehicle in Operation. Stay back 100 feet from aircraft. 

UAS Operating Parameters 

The UAS being deployed under this exemption request can fly at a speed of approximately 25 knots. 

However, given the intended use described, this speed will never be necessary. Much slower speeds are 

desirable to achieve better and more precise photo and video. 

Although the UAS has a control link distance of 3⁄4 mile, this is much more than VLOS will allow. 

Petitioner agrees to never fly the UAS outside of VLOS. 

Petitioner will only fly the UAS during day VMC flight conditions. Given the Petitioner agrees to never fly 

higher than 300ft AGL, distance from clouds in VMC should not be a factor. 

Petitioner agrees to use a Visual Observer (VO) during all operations. The VO will be used to assure VLOS 

at all times. 

The UAS will not operate within 5 nautical miles of an airport reference point as denoted on the current 

FAA published aeronautical chart.

The UAS being deployed with this exemption request has the capability of using GPS signals to return to 

its initial point of take-off if connection with the radio control link is lost. 

Petitioner agrees to yield all right of way to all manned aviation vehicles at all times. 
Exemption Requests 

The following are a list of Title 14 CFR’s which the petitioner seeks exemption. Please note the Petitioner 

has used Exemption No. 11138 to Douglas Trudeau (Regulatory Docket No. FAA-2014-0481) as a 

reference. Given that the Petitioner and Mr. Trudeau intend to use the exemptions I similar manners 

and both use similar equipment, it seemed prudent not to burden the reviewer in this matter with 

exemption requests that have been previously deemed that review was not necessary. These rules are

part: 

21

45.23(b)

91.9(b)(2)

91.103(b)

91.109

91.203(a)&(b)

If the reviewer believes that these rules need to be addressed in this request, the petitioner will make 

supplemental request including these additional rule exemptions. 

Rule 91.7(a) Civil Aircraft Airworthiness

There is no current FAA regulatory standard for determining airworthiness of UAS and there is no 

certificate currently available for UAS airworthiness. Petitioner seeks an exemption from this rule by 

ensuring that the UAS is in an airworthy condition based on compliance with the operating documents 

prior to every flight. Flight manuals and other important documents will be kept in a location readily 

accessible to the PIC at all times. 

Rule 91.11q (c) Minimum Safe Altitudes

91.119 prescribes safe altitudes for the operation of civil aircraft, but allows helicopters to be operated 

at lower altitudes in certain conditions. Petitioner seeks exemption from this rule as Petitioner will only 

operate the UAS from the ground up to but not exceeding 300 feet AGL and will only operate in safe 

areas away from the public thus providing a level of safety not available to manned aircraft. Petitioner 

asserts that given the size, weight, maneuverability, and speed of the UAS, an equivalent or higher level 

of safety will be achieved. Petitioner will avoid actively populated areas. These areas will be interpreted 

to include areas on a VFR chart depicted in yellow and will be supplemented with information from the 

Flight Standards District Office. Petitioner intends to operate the UAS over real estate for inspection 

purposes. Petitioner will not operate over any assembly of people in an open air environment. 

Per the exemption granted in No. 11138 concerning 91.119 (c), Petitioner agrees to act in strict 

accordance to that exemption. However Petitioner seeks an exemption from the rule stipulating that a 

UAS cannot be operated within 500 feet of a structure without permission of the owner. Given the 
intended use Petitioner will use these exemptions for photography and videography of real estate for 

marketing & inspection purposes. Agreement from the engaging property owner or their agent is a 

necessity. The UAS will only be flown over properties with this permission. However given the housing 

density in some locations maintaining a 500 foot distance from other structures even while flying over 

the permission granting property is impossible in many instances. The Petitioner seeks an exemption to 

this rule which would allow a 50’ stand off from other structures as long as the UAS is operated 

completely over and within the property boundary lines of the permission granting property owner. 

Petitioner agrees to always keep privacy rights of other property owners in mind and will never engage a 

UAS in any type of surveillance or spying. 

Rule 91.121 Altimeter Setting

Petitioners’ UAS has a GPS derived altitude with a barometric sensor. Petitioner believes this rule is not 

applicable to the UAS operations intended. 

Rule 91.151 (a) Fuel Requirements for Flight in VFR Conditions 

Petitioner seeks relief from this rule. The UAS being deployed is battery operated and the requirements 

under this rule are not applicable. The UAS being used sends FPV imaging and data back to the PIC. This 

information includes real time battery monitoring. A typical battery will last 20-25 minutes. The system 

will also alert the PIC of low battery levels. Petitioner will never begin a flight without a fully charged 

battery. 

Rule 91.405 (a) Maintenance Required, 91.407(a) Operation after Maintenance, Preventative 

Maintenance, Rebuilding or Alteration; 91.409 (a)(2) Inspections; 91.417(a)(b) Maintenance Records

Petitioner seeks relief from these regulations due to it being an alternate inspection requirement of 

91.409(a)(2). The Petitioner will inspect and ensure the UAS is in a condition for safe flight and adhere to 

all operating documents. 

Supplemental Information

Per the Section 333 petition and guidance checklist obtained through the FAA’s web page the petitioner 

has omitted the User Manual and Specifications. 

Closing

Thank you for your review of my petition, please contact me if any further information is required. 

Sincerely, 

Edward D Marchese (3149711)