Petition	for	Exemption in	Accordance	with 14	CFR

Part	11	and	Section	333	of	Public	Law	112-95

December	15,	2015

FROM: Andrew	Tierney	&	Jacob Tierney

24250	SE	Tiger	Mountain Road

Issaquah,	WA	98027

TO:	 Federal	Aviation	Administration	

US	Department	of	Transportation	

Docket	Management	System	

1200	New	Jersey	Ave., S.E.

Washington,	DC.	20590	

Re:	Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	

Federal	Aviation	Regulations	from:	14	CFR	21	subpart	H;	14 CFR	45.23(b);	14	CFR	61.113(a)	and	

(b);	14	CFR	91.7(a);	14	CFR	91.9(b)(2);	14	CFR	91.103;	14	CFR	91.109;	14	CFR	91.119(c);	14	CFR	

91.121;	14	CFR	91.151(a);	14	CFR	91.203	(a)	and	(b);	14	CFR	91.405	(a);	14	CFR	91.407	(a)	(1)	14	

CFR	91.409	(a)(1)	and	(2);	14	CFR	91.417(a)	and	(b)	

Dear	Sir	or	Madam:	

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

and	14	CFR	Part	11,	Andrew	Tierney	&	Jacob Tierney,	operators of	an	Unmanned	Aircraft	

System	(UAS),	hereby	apply for	an	exemption	from	the	listed	Federal	Aviation	Regulations	

(“FARs”)	to	allow	commercial	operation	of	its	UAS,	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.	Active	monitoring	of	small	UAS	rulemaking	by	the	FAA	will	be	

conducted	regularly	to	insure	complete	compliance	is	attained.	

Commercial	operation	of	an	UAS,	as	described	herein,	which	are	equipped	with	camera(s)	and	

sensors,	would	operate	in	the	succeeding manner:	

• Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	estate,	

architecture,	land	surveying,	and	other	related	professional	activities.	

• Aerial	video	and/or	photography	for	public	and/or	private	use	including	television,	

public	events,	cinematography	and	news	gathering.	

• Aerial	inspection/photography	of	residential/commercial	structures	under	contract	with	

the	owners	or	local	government	authority.	
• Aerial	inspection/photography	of	residential/commercial	utility	infrastructure	including	

but	not	limited	to	electrical	power	lines,	wind	turbines	and	cell	towers.	

• Aerial	video/photography	or	providing	live	video	feed	to	assist	with	search	and	rescue	

operations	in	cases	of	an	emergency	or	natural	disaster	only	when	the	local	authorities	

or	government	has	requested	it	by	contract	or	donation.	DJI’s	Inspire	1	will	have	thermal	

imaging	capability	in	early	2016	and	will	allow	operator	to	provide	valuable	assistance	to

daytime search	and	rescue	operations.	The	camera	soon	to	be	integrated	on	operator’s	

DJI	Inspire	1 is	developed	by	FLIR.	It	provides	high-sensitivity	(50mK)	infrared	scanning	at	

640/30	fps	or	336/60	fps	depending	on	the	camera	model.	This	sensitivity	provides	

accurate	temperature	measurements	ideal	for	analytics	and	telemetry.	Both	cameras	

are	available	with	four	lens	options	to	meet	different	business	needs.	Stabilized	and	

controlled	by	a	custom	DJI	gimbal,	it	provides	smooth,	clear	imagery	and	360	degrees	of	

seamless	rotational	movement.	Applications	for	this	exciting	technology	allow	benefits

to	the	public	in	areas	such	as	power	line	inspection,	solar	panel	inspection,	search	and	

rescue,	precision	agriculture,	and	fire	fighting.	Please	refer	to	attachment	#1	for	detailed	

overview	of	this	innovative new	technology.	

• The	ability	to	offer	training	to	persons	individually	or	belonging	to	both	private	and/or	

public	organizations	that	have	interests	in	the	use	and	application	of	a	UAS	for	the	

purpose	of	the	safe	operation	of	a	UAS	to	enhance	the	safety	of	the	National	Airspace	

System	(NAS)	as	well	as	for	the	protection	of	the	persons	and	property.	

As	described	fully	below,	the	requested	exemption	would	permit	the	operation	of	a	UAS	under	

controlled	conditions	in	the	NAS	that	would	be	a)	limited	b)	controlled	c)	predetermined	and	d)	

will	provide	safety	enhancements	to	the	already	safe	operations	in	the	industry	presently	using	

conventional	aircraft.	Approval	of	this	exemption	would	thereby	enhance	safety	and	fulfill	the	

Secretary	of	Transportation’s	(the	FAA	Administrator’s)	responsibilities	to	“...establish	

requirements	for	the	safe	operation	of	such	aircraft	systems	in	the	national	airspace	system.”	

The	name	and	address	of	the	applicant:	

Andrew	Tierney

Email:	andrew@madisonmountaineering.com

Address:	24250 SE	Tiger	Mountain	Road,	Issaquah,	WA	98027

Jacob Tierney

Email:	jtierney@scu.edu

Address:	24250	SE	Tiger	Mountain	Road,	Issaquah,	WA	98027
Regulations	from	which	the	exemption	is	requested:	

14	CFR	Part	21	subpart	H	

14	CFR	45.23	(b)

14	CFR	61.113	(a)	&	(b)	

14	CFR	91.7	(a)	

14	CFR	91.9	(b)	(2)	

14	CFR	91.103

14	CFR	91.109

14	CFR	91.119	(c)	

14	CFR	91.121	

14	CFR	91.151	(a)

14	CFR	91.203	(a)	&	(b)	

14	CFR	91.405	(a)

14	CFR	91.407	(a)	(1)	

14	CFR	91.409	(a)	(2)	

14	CFR	91.417	(a)	&	(b)	

UAS are	oftentimes	seen	as	superior	to	helicopters	due	to	the	lesser	cost	of	equipment,	the	

reduction	of	personnel	needed	to	operate	equipment,	reduced	noise	levels	and	zero	emissions	

into	the	environment.	In	addition	to	providing	cost	savings	and	having	little	to	no	impact	on	the	

environment,	UAS provide	enhanced	safety.	These	factors	are	beneficial	for,	and	in	the	best	

interest	of,	the	public.	Accordingly,	the	applicant	respectfully	requests	that	the	FAA	grant	the	

requested	exemption	without	delay.	

Andrew	Tierney	&	Jacob Tierney	are requesting	an	exemption	to	operate (1)	The	DJI	Phantom	3	

Professional,	(2) DJI Inspire	1.	These	UAS will	not be	flown	at	the	same	times.	Both	use	HighDefinition video	cameras	that	can	capture	up	to	4K	(4096x2160p)	video	and	12M	pixel	photos.	

These	UASs	have	a	built-in	capability	to	limit	1)	the	height	they	fly	above	the	ground	and	2)	the	

radius	of	the	distance	they	fly	from	the	operator.	The	DJI	Phantom	3	Professional and	DJI	

Inspire	1	also	have	failsafe	functions	of	the	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.	If	the	GPS	signal	is	good	

enough,	the	system	will	automatically	trigger	‘Return	to	Home’ and	will	land	safely.	

(1)	DJI	Phantom	3	Professional	

Please	refer	to	Attachments #2-5 for	the	DJI	Phantom	3 Professional Instruction	Manual,	for	the	

performance	limitations	and	flight	operations. Aircraft	Weight	is	1645	Grams	or	3.62	pounds	

with	battery,	which	is	the	total	gross	weight.	
(2)	DJI	Inspire	1	

Please	refer	to	attachments	#5-9 for	the	DJI	Inspire	1	Instruction	Manual,	for	the	performance	

limitations	and	flight	operations. Aircraft	weight	is	2935	grams	or	6.47	pounds	with	battery,	

which	is	the	total	gross	weight.	

A	pre-flight	inspection	will	be	performed	by	the	PIC	in	accordance	with	the	factory	instruction	

manual,	as	well	as	redundant	checks	to	include	the	Internal	Measurement	Unit	(IMU)	to	make	

sure	that	the	compass,	gyro	and	acceleration	values	are	within	specs,	positive	GPS	locks	are	

secure,	battery	health	in	each	individual	LiPo	cells	are	balanced,	and	radio	signals	are	locked	in.	

The	UAS will	be	maintained	in	accordance	with	the	manufacturer’s	instruction	manual	and	only	

manufacturer's	authorized	replacement	parts	will	be	used.	

FCC	Information

The	DJI	Phantom	3	Professional transmitter	used	for	controlling	the	UAS	complies	with	part	15	

of	the	FCC	rules.	Operation	is	subject	to	the	following	two	conditions:	(1)	This	device	may	not	

cause	harmful	interference,	and	(2)	this	device	must	accept	any	interference	received,	including	

interference	that	may	cause	undesired	operation.	The	DJI	Phantom	3 Professional radio	

transmitter	used	for	controlling	the	UAS	is	wireless	technology,	which	has	been	tested	and	

found	to	be	compliant	with	the	applicable	regulations	governing	a	radio	transmitter	in	the	

2.400	GHz- 2.483	GHz	range.	

The	DJI	Inspire	1	transmitter	used	for	controlling	the	UAS	complies	with	part	15	of	the	FCC	

rules.	Operation	is	subject	to	the	following	two	conditions:	(1)	This	device	may	not	cause	

harmful	interference,	and	(2)	this	device	must	accept	any	interference	received,	including	

interference	that	may	cause	undesired	operation.	The	DJI	Inspire1	radio	transmitter	used	for	

controlling	the	UAS	is	wireless	technology,	which	has	been	tested	and	found	to	be	compliant	

with	the	applicable	regulations	governing	a	radio	transmitter	in	the	2.400GHz	to	2.4835GHz	

frequency	range.	

Antenna	Separation	Distance	

When	operating	the	DJI	Phantom	3	Professional and	Inspire	1	transmitters,	the	PIC	will	

maintain	a	separation	distance	of	at	least	5	cm	between	his	body	(excluding	fingers,	hands,	

wrists,	ankles	and	feet)	and	the	antenna	to	meet	RF	exposure	safety	requirements	as	

determined	by	FCC	regulations.	

Pilot	in	Command	and	Observer	Qualifications	and	Duties	

The	PIC	will	maintain	at	least	a	Light	Sport	Pilot	Certificate	and	a	current	State	issued	drivers	

license,	plus	at	least	2	hours	flying	time	and	5	takeoffs	and	landings	within	30	days	in	the	type	

of	UAS	utilized	in	operations.	
The	PIC	is	responsible	for	the	safe	and	efficient	operation	of	the	aircraft.	Specific	duties	include	

all	preflight	preparation	and	inspection,	in	flight	operation,	post	flight	requirements,	and	all	

procedures	including	but	not	limited	to:	

• Safe in flight operations.

• Risk	evaluation.

• Current weather conditions for safe flight.

The	Observer	must	have	the	visual	acuity	to	observe	the	UAS	and	be	able	to	communicate	

clearly	with	the	PIC.	The	Observers	duties	are:	

• Warning	the	PIC	of	any	impending	obstacles	in	the	flight	path	of	the	UAS.	

• Warning	the	PIC	of	any	deviations	in	the	planned	flight	path	of	the	UAS.	

• Warning the PIC should any unauthorized personnel appear in the area of the	

planned	flight.	

• The	Observer	will	have	the	authority	to	order	the	PIC	to	terminate	the	flight	should	

he/she feel	the	flight	can	not	be	conducted	safely.	

General	Operating	Standards

• Andrew	Tierney	and	Jacob Tierney	will	only operate its UAS in line of sight of a pilot	

and/or	observer	and	will	operate	at	sites	that	are	a	'sufficient	distance'	from	

populated	areas.	Such	operations	will	insure	that	the	UAS will	"not	create	a	hazard	

to	users	of	the	national	airspace	system	or	the	public."	

• Before	an	operation	of	the	UAS within	5NM	of	an	airport	with	a	control	tower,	the	

control	tower	will	be	called	to	gain	permission	to	operate	the	UAS.	The	PIC	will	give	

the	position,	altitude	and	the	times	the	UAS	will	be	operated.	The	UAS will	not	be	

operated	at	an	altitude	of	over	200	feet	AGL.	Weather	minimums	will	be	3	miles	

visibility	and	a	1000-foot	ceiling.	

• Before	an operation	of	a	UAS	within	5NM	of	a	non-tower	controlled,	airport	

operators	will	be	notified	and	the	PIC	will	give	the	right	of	way	to	avoid	flying	in	the	

proximity	of	full-scale	aircraft.	At	no	time	will	the	UAS be	operated	within	the	final	

approach	course	and	the	takeoff course	of	any	runway.	The	UAS will	not	be	

operated	at	an	altitude	of	over	200	feet	AGL.	Weather	minimums	will	be	3	miles	

visibility	and	a	1000-foot	ceiling.	

• Maximum	flight	time	for	each	operational	flight	will	be	15	minutes.

• Flights will be terminated at 30% battery power reserve should that occur prior to

the	15-minute limit.	
• The	UAS will	be	programmed	so	that	they	will	not	be	operated	at	an	altitude	of	no	

more	than	200	feet	AGL,	and	not	more	than	200	feet	above	an	elevated	platform	

from	which	filming	is	planned.

• Minimum	crew	for	each operation	will	consist	of	the	UAS	Pilot,	and	Visual	

Observer.

• The UAS operated by the petitioner weigh less than 55pounds, including the	

payloads	(i.e.	camera,	lens,	and	gimbals).	

• The	UAS will	operate	at	speeds	of	no	more	than	25	knots,	can	hover,	and	can	

simultaneously	move	vertically	and	horizontally.	

• Given	the	small	size	of	the	UAS and	the	restricted	sterile	environment	within	which	

they	will	operate,	my	UAS operations	adhere	to	the	Reform	Act's	safety	

requirements.	

The	UAS,	powered	by	batteries,	are	smaller,	lighter	and	more	maneuverable	than	larger	

aircraft	running	on	combustible	fuel.	The	UAS operate	at	lower	altitudes	with	no	persons	on	

board	and	will	thereby	reduce	current	risk	levels,	enhance	safety	and	diminish	the	

likelihood	of	death	or	serious	bodily	injury.	With	a	small	payload	and	maximum	flight	time	

of	only	15	minutes,	this	offers	little	or	no	risk	to	national	security.	Low	level	oblique	photos	

and	video	from	several	angles	are	far	more	effective	than	ground	based	imagery	for	

displaying	the	characteristics	of	large,	complex	properties	with	several	buildings	and	large	

trees.	The	benefits	of	reduced	costs	and	improved	quality	of	presentation	from	the	UAS

over	manned	aircraft	will	be	valuable	to	and	benefit	many	buyers	and	sellers	of	real	

property	including	commercial	buildings,	all	while	remaining	subject	to	all	limitations	cited	

below:

• No	flight	will	be	made	with	a	Gross	weight	exceeding	55	pounds;

• All	operations	must	occur	in	FAA	Class	G	airspace	at	no	more	than	200	feet	AGL,	at	

an	airspeed	of	no	more	than	25	knots	and	no	further than	1600	feet,	or	0.263	NM	

from	the	PIC;

• All	operations	must	utilize	a	visual	observer	(VO).	The	VO	and	PIC	must	be	able	to

communicate	by	voice	at	all	times	during	a	flight	operation;

• Operations	will	be	restricted	to	flights	over	private	property	with the	permission	of	

the	property	owner;

• All	required	permits	will	be	obtained	from	state	and	local	government	prior	to	

operation;

• Andrew	Tierney	and	Jacob Tierney	will	not operate UAS	over densely populated

areas;	

• Andrew	Tierney and	Jacob Tierney	will	not operate UAS	over	any	open-air	assembly	

of	people;
• Andrew	Tierney and	Jacob Tierney	will	not operate UAS over	heavily	trafficked	

roads;	UAS will	not	be	operating	at	night.	

Exemption	Request	and	Equivalent	Level	of	Safety

Andrew	Tierney and	Jacob Tierney requests	an	exemption	from	the	following	regulations	as	

well	as	any	additional	regulations	that	may	technically	apply	to	the	operation	of	the	UAS:	

14	CFR	Part	21,	Airworthiness	Certificates	

This	part	establishes	the	procedures	for	the	issuance of	an	airworthiness	certificate.	While	the	

FAA	continues	to	work	to	develop	airworthiness	standards	for	Unmanned	Aerial	Systems,	

Andrew	Tierney and	Jacob Tierney request	an	experimental	certificate	be	issued	for	the	DJI	

Phantom	3 Professional and	DJI	Inspire 1	under	either	or	both	of	the	following	provisions:	

21.191	Experimental	certificates.	Experimental	certificates	are	issued	for	the	following	

purposes:

Research	and	Development

Testing	new	aircraft	design	concepts,	new	aircraft	equipment,	new	aircraft	installations,	new	

aircraft	operating	techniques,	or	new	uses	for	aircraft.

Showing	Compliance	with	Regulations

Conducting	flight	tests	and	other	operations	to	show	compliance	with	the	airworthiness	

regulations	including	flights	to	show	compliance for	issuance	of	type	and	supplemental	type	

certificates,	flights	to	substantiate	major	design	changes,	and	flights	to	show	compliance	with	

the	function	and	reliability	requirements	of	the	regulations.	Since	the	experimental	certificate	

can	be	used	for	commercial	purposes	such	as	market	surveys,	sales	demonstrations,	and	

customer	crew	training,	Andrew	Tierney and	Jacob Tierney would	expect	that	an	experimental	

certificate	would	permit	my	commercial	purpose	as	well.	The	aircraft	will	not	carry	persons	or	

property,	will	not	carry	fuel,	and	will	only	fly	under	strict	operational	requirements.	Combined	

with	the	UAS lightweight,	being	constructed	primarily	of	carbon	fiber	and	plastic,	Andrew	

Tierney and	Jacob Tierney propose	that	the	UAS will	be	at	least	as	safe, if	not	safer,	than	a	

conventionally	certificated	aircraft	performing	the	same	mission.	If	an	experimental	

airworthiness	certificate	is	not	appropriate	for	this	application,	then	Andrew	Tierney and	Jacob

Tierney request	an	exemption	of	14	CFR	Part	21,	Subpart	H,	and	the	requirement	for	an	

airworthiness	certificate	in	general,	citing	the	equivalent	level	of	safety	outlined	in	our	petition.	

14	CFR	45.23	Display	of	Marks;	general	and	45.29	Size	of	marks

These	regulations	provide	that	each	aircraft	must	display	"N"	and	the	aircraft's	registration	

number	in	letters	at	least	3	inches	high.	Additionally,	the	aircraft	must	display	the	word	

"EXPERIMENTAL"	in	letters	at	least	2	inches	high	near	the	entrance	to	the	cabin,	cockpit,	or	
pilot	station.	The	UAS do	not	have	an	entrance	in	which	the	word	"EXPERIMENTAL"	can	be	

placed,	and	may	not	have	a	registration	number	assigned	to	it	by	the	FAA.	Andrew	Tierney and	

Jacob Tierney propose	to	achieve	an	equivalent	level	of	safety	by	including	the	word	

"EXPERIMENTAL"	in	the	placard	on	the	top	of	the	aircrafts,	as	shown	above,	where	the	PIC	

(Pilot	In	Control),	VO	(Visual	Observer)	and	others	in	the	vicinity	of	the	aircraft	while	it	is	

preparing	for	launch	will	be	able	to	see	the	designation.	Additionally,	Andrew	Tierney and Jacob

Tierney feel	that	the	permanent	placard	discussed	in	the	previous	paragraph	will	provide	the	

aircraft's	registration	information	at the	ground	station.	Finally,	Andrew	Tierney and	Jacob

Tierney will	display	at	the	ground	station	a	high	contrast	flag or	banner	that	contains	the	words	

"Unmanned	Aircraft	Ground	Station"	in	letters	5	inches	high	or	greater.	Since	the	aircraft	will	

operate	within	0.263	NM	of	the	ground	station,	the	banner	should	be	visible	to	anyone	that	

observes	the	aircraft	and	chooses	to	investigate	its	point	of	origin.	

14	CFR	61.113	Private	pilot	privileges	and	limitations:	Pilot	in	Command	and	61.133	

Commercial	pilot	privileges	and	limitations

 	

The	regulation	provides	that	no	person	that	holds	a	Private	Pilot	Certificate	may	act	as pilot	in	

Command	of	an	aircraft	for	compensation	or	hire.	Subparagraph	(b)	allows	a	private	pilot	to	act	

as	pilot	in	command	of	an	aircraft	in	connection	with	any	business	or	employment	if:	(1)	The	

flight	is	only	incidental	to	that	business	or	employment; and	(2)	The	aircraft	does	not	carry	

passengers	or	property	for	compensation	or	hire.	Our	proposed	operations	require	that	the	PIC	

must	hold	at	least	a	Private	Pilot	Certificate	with	a	Class	III	Medical	issued	by	the	FAA	and	since	

the	aircraft	cannot	carry passengers	or	property,	Andrew	Tierney and	Jacob Tierney feel	we

meet	the	intent	of	61.113	Subparagraph	(b)	even	though	the	intent	of	this	application	is	to	

conduct	a	business.	Jacob	Tierney	obtained	his	Private	Pilot	Certificate	in	August	of	2013	and	

has ASES	rating	in	addition	to	complex	and	high	performance	endorsements.	Certificate	#	

3716246.		

14	CFR	91.7	Prohibits	the	Operation	of	an	aircraft	without	an	airworthiness	certificate

As	no	such	certificate	will	be	applicable	in	the	form	contemplated	by the	FARs,	this	Regulation	is	

inapplicable.	

14	CFR	91.9	Civil	aircraft	flight	manual,	marking,	and	placard	requirements

	

This	regulation	provides	that	no	person	may	operate	an	aircraft	unless	a	current,	approved	

flight	manual	is	in	the	aircraft.	I	assume that	the	intent	of	this	requirement	is	to	ensure	that	

flight	manual	information	is	available	to	the	aircrew	while	operating	the	aircraft.	I	request	an	

exemption	to	this	requirement	since	the	aircraft	is	not	only	too	small	to	carry	documentation,	

the	documentation	would	not	be	available	to	the	crew	during	flight	operations.	To	obtain	an	

equivalent	level	of	safety	and	meet	the	intent	of	91.9,	I	propose	that	a	current,	approved	UAS

Flight	Manuals	must	be	available	to	the	crew	at	the	ground	station	anytime	the aircraft	is	in,	or	

preparing	for	flight,	and	be	ready	for	presentation	for	any	governing	official	upon	request.	
14	CFR	91.109	Flight	Instruction;	Simulated	instrument	flight	and	certain	flight	tests	

The	regulation	states	that	"No	person	may	operate	a	civil	aircraft	that	is	being	used	for	flight	

instruction	unless	that	aircraft	has	fully	functioning	dual	controls.	Although	the	DJI	Inspire	1	is	

capable	of	duel/linked	controls,	Andrew	Tierney and	Jacob Tierney will	be	operating	with	a	

single	remote	controller	for	the	DJI	Inspire	1	and	Phantom	3 Professional.	

91.119	Minimum	safe	altitudes 	

	

General.	The	regulation	states	that	over	sparsely	populated	areas	the	aircraft	cannot	be	

operated	closer	than	500	feet	to any	person,	vessel,	vehicle,	or	structure.	Since	the	typical	

mission	of	the	UAS would	be	to	acquire	photographs	or	video	of	buildings	or	commercial	

structures,	it	would	be	necessary	to	operate	closer	than	500	feet	to	the	items	listed.	Operations	

will	only be	flown	over	property	where	permission	has	been	obtained	and	careful	preplanned	

flight	path	has	been	performed.	The	aircrafts	will	be	operated	at	a	low	altitude	allowing,	if	a	

power	unit	fails,	an	emergency	landing	without	undue	hazard	to	persons	or	property	on	the	

surface.	Therefore, Andrew	Tierney and	Jacob Tierney maintain	that	due	to	the	small	size	of	the	

UAS,	the	hazard	to	persons,	vehicles	and	structures	is	minimal	compared	to	manned	aircraft,	

which	should	be	considered	in	granting	the	exemption.	

CFR	91.121	Altimeter	settings 	

	

The	regulation	requires	that	aircraft	shall	maintain	cruising	altitudes	by	reference	to	an	

altimeter	setting	available	within	100	NM	of	the	aircraft.	The	UAS will	always	fly	below	200	feet	

AGL	and	will	not	need	to	maintain	cruising	altitudes	in	order	to	prevent	conflict	with	other	

aircraft.	An	Above	Ground	Level	altimeter	measurement	above	the	takeoff	point	is	transmitted	

via	radio	from	the	UAS on-board	computer	to	the	display	screen	held	by	the	PIC,	providing	a	

constantly	updated	AGL	readout.	

14	CFR	91.151	Fuel	requirements	for	flight	in	VFR	conditions 	

	

The	regulation	provides	that	no	person	may	begin	a	flight	in	an	airplane	under	day-VFR	

conditions	unless	there	is	enough	fuel	to	fly	to	the	first	point	of	intended	landing	and	to	fly	after	

that	for	at	least	30	minutes.	Andrew	Tierney and	Jacob Tierney feel the	intention	of	this	

paragraph	is	to	provide	fuel	(battery	power) reserve	as	a	safety	buffer	for	delays	to	landing.	The	

UAS is battery	operated	and	the	maximum	duration	of	flight	from	a	single	battery	charge	is	18	

minutes	with	a	20%	reserve.	Since	the	aircraft	will	never	fly	more	than	0.263	NM	from	the	point	

of	intended	landing,	a	full	battery	charge	at	launch	will	ensure	that	I	meet	the	reserve	

requirement	of	this	paragraph.	

14	CFR	91.203(a)	&	(b)	Civil	aircraft:	Certifications	required 	
	

The	regulation	provides	that	an	airworthiness	certificate,	with	the	registration	number	assigned	

to	the	aircraft	and	a	registration	certificate	must	be	aboard	the	aircraft.	Additionally,	

subparagraph	(b)	provides	that	the	airworthiness	certificate	be	"displayed	at	the	cabin	or	

cockpit	entrance	so	that	it	is	legible	to	passengers	or	crew."	At	a	maximum	gross	weight	of 3.26	

and	6.47	pounds,	the	UAS are	too	small	to	carry	documentation,	do	not	have	an	entrance,	and	

are	not	capable	of	carrying	passengers	or	crew.	To	obtain	an	equivalent	level	of	safety	and	

meet	the	intent	of	91.203,	I	propose	that	documents	deemed	appropriate	for	these	aircraft	by	

the	FAA	will	be	with	the	crew	at	the	ground	control	station	and	available	for	inspection	upon	

request.	In	order	to	identify	the	aircraft,	we propose	that	the	information	found	on	

airworthiness	and	registration	certificates	be	permanently	affixed	to	the	aircraft	via	placard	

containing	the	following	information	plus	the	word	"EXPERIMENTAL"	to	satisfy	the	requirement	

of	14	CFR 45.23.	

14	CFR	Subpart	E	(91.401- 91.417)- Maintenance,	Preventive	Maintenance,	Alterations

 	

The	regulation	provides	that	the	operator	is	primarily	responsible	for	maintaining	the	aircraft	in	

an	airworthy	condition,	including	compliance	with	part	39	and 43.	Paragraphs	91.407	and	

91.409	require	that	the	aircrafts	be	"approved	for	return	to	service	by	a	person	authorized	

under	43.7"	after	maintenance	and	inspection.	It	is	my	intention	that	the	PIC	perform	

maintenance	and	inspection	of	the	aircraft	and	"be	authorized	to	approve	the	aircraft	for	return	

to	service."	The	PIC	will	ensure	that	the	aircrafts	are	in	an	airworthy	condition	prior	to	every	

flight	and	in	addition	conduct	detailed	inspections	after	every	two	hours	of	flight.	Maintenance	

performed	by	the PIC	is	limited	to,	replacing	a	propeller,	checking	electrical	connections	and	

updating	software	and	firmware	for	the	on- board	computer.	The	manufacturer	or	their	

designated	repair	facility	will	perform	all	other	maintenance.	The	PIC	will	document	work	

performed	in	accordance	with	91.417.	Andrew	Tierney and	Jacob Tierney feel	that	due	to	the	

size,	construction,	and	simplicity	of	the	aircraft,	the	PIC	can	ensure	an	equivalent	level	of	safety.	

Safety	and	Benefits	of	the	UAS

Andrew	Tierney	&	Jacob Tierney	will	be	using	the	UAS in	a	variety	of	applications	that	generally	

require	expensive	full-size	manned	aircraft	to	complete.	Small,	light,	unmanned	aerial	vehicles	

offer	more	efficient	and	safer	benefits	over	the	use	of	full-sized	manned	aircraft	for	aerial	

photography,	film	and	still	photography,	real	estate	and	commercial	real	estate	marketing.	

Andrew	Tierney	&	Jacob Tierney	will	be	able	to	provide	services	to	clients	that	have	not	been	

available	before	the	technology	became	accessible.	The	benefits	that	come	along	with	the	

permitted	use	of	the	UAS are	immense,	and	provide	valuable	image	and	video,	useful	for	

garnering	interests	in	potential	consumers,	benefiting	all	parties	involved.	

Replacing	significantly	larger	manned	aircraft	carrying	crew	and	flammable	fuel	with	small	UAS	

carrying	no	passengers	or	crew	creates	a	much	greater	margin	of	safety	for	the	pilots	and	crew.	

By	granting	Andrew	Tierney	and	Jacob Tierney‘s	requested	exemptions,	the	FAA	will	help	drive	

development	of	safe	and	successful	commercial	UAS	operations	and	will	advance	the	public	
knowledge	base	for	such	operations.	Andrew	Tierney	&	Jacob Tierney	are committed	to	

promoting	the	UAS	research	efforts	of	policymakers	including	the	FAA,	NASA,	DOD	and	DARPA	

by	sharing	data	from	its	commercial	UAS	operations	and	serving	as	a	resource	for	future	UAS	

research	operations.	Thus,	the	FAA	has	good	cause	to	grant	this	Petition.	

Conclusion

As	pointed	out	in	this	application,	the	DJI	Phantom	3 Professional	and	DJI	Inspire	1,	which	

Andrew	Tierney	& Jacob	Tierney would	use,	under	authorization	by	the	US	DOT-FAA,	are	small,	

light-weight	devices	operated	within	the	line	of	sight	of	the	Pilot-in-Command	(PIC),	less	than	

200	feet	above	the	ground	and	outside	5	miles	from	any	airport,	heliport,	seaplane	base,	

spaceport,	or	other	location	with	aviation	activities,	unless	the	air	traffic	control	authorities	

(ATC)	have	been	notified	and	have	authorized	each	flight	within	a	radius	of	this	distance. The	

DJI	Phantom	3 Professional and	DJI	Inspire 1	have	been	proven	capable	for	controlled	flight.	

They	are	both	UAS	offered	for	general	sale	on	the	market	around	the	world	and	have	often	

been	used	as	Model	Aircraft	in	the	USA.	I	am	certain	that	the	studies	conducted	until	now	by	

the	FAA,	about	Section	332,	Public	Law	112-95,	2014,	have	already	provided	you	with	the	

assurances	on	the	airworthiness	of	UAS such	as	ours.	

For	the	foregoing	reasons,	the	exemptions	requested	herein	should	be	granted	and	Andrew	

Tierney	&	Jacob Tierney	should	be	permitted	to	conduct	small	UAS operations	in	accordance	

with	its	manuals	and	all	other	operating	parameters	deemed	necessary	and	appropriate	by	the	

FAA.	Safety	is	the	number	one	priority	in	our	operation.	Andrew	Tierney	is	a	Finance	graduate	

from	the	University	of	Oklahoma.	Jacob	Tierney	is	a	Mechanical	Engineering	Master’s	student	

at	Santa	Clara	University.	We	both	have	TSA	pre-check,	are	proud	Eagle	Scouts,	and	have	a	

passion	for	aviation.	Together	we	are	starting	a	UAS company	in	the	U.S.A.	with	many	ideas	for	

the	development	of	this industry.	The	submission	of	this	application	and	its	contents	is	the	best	

demonstration	that	indeed	it	is	possible	to	pursue	the	authorization	process	so	that	some	UAS

may	be	used	for	legitimate	commercial	activities	and	under	the	safest conditions possible.	

Thank	you	for	your	time.	

Kind	Regards,

Andrew	Tierney	&	Jacob Tierney