FEDERAL AVIATION ADMINISTRATION

January 16, 2016

Kevin Kaplan

224 B 26th Ave E, Seattle WA 98112

Kkaplan99@gmail.com

Public Guidance for Petitions for Exemption Filed under Section 333

This document provides guidance to people who are interested in submitting a petition for

exemption to the FAA to operate unmanned aircraft in the National Airspace System (NAS).

Specifically, this document outlines the FAA’s exemption process and describes the information

petitioners should submit to the FAA in a petition for exemption. This information will assist the

FAA in determining whether to grant relief from its regulations and will assist the Secretary of

Transportation with determining whether to grant relief from airworthiness certification

requirements under the FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB.

14, 2012, Section 333.

TERMS OF REFERENCE:

1. Aircraft: any contrivance invented, used, or designed to navigate, or fly in, the air (Title 49,

United States Code (49 USC) § 40102)

2. National Airspace System (NAS): the common network of U.S. airspace; air navigation

facilities, equipment and services, airports or landing areas; aeronautical charts, information

and services; rules, regulations and procedures, technical information, and manpower and

material

3. Operational Control: with respect to a flight, means the exercise of authority over

initiating, conducting or terminating a flight (14 CFR § 1.1)

4. Pilot in Command (PIC): the person who has final authority and responsibility for the

operation and safety of the flight; has been designated as PIC before or during the flight; and

holds the appropriate category class and type-rating, if appropriate, for the conduct of the

flight (14 CFR § 1.1)

5. Unmanned aircraft (UA): any aircraft that is operated without the possibility of direct

human intervention from within or on the aircraft (P.L. 112-95, Section 331)

6. Unmanned Aircraft System (UAS): an unmanned aircraft and associated elements,

including communication links and the components that control the unmanned aircraft, that

are required for the pilot in command to operate safely and efficiently in the national airspace

system (P.L. 112-95, Section 331)

7. UAS Certificate of Waiver or Authorization (COA): an authorization issued by the Air

Traffic Organization to an operator for a specific unmanned aircraft activity

8. Visual Line of Sight (VLOS): unaided (corrective lenses and/or sunglasses excepted) visual

contact between a pilot in command and an unmanned aircraft sufficient to maintain safe

operational control of the aircraft, know its location, and be able to scan the airspace in which

it is operating to see and avoid other air traffic or objects aloft or on the ground

1. Petitioners should describe how the proposed UAS operation will be safely conducted to

minimize risk to the NAS or to persons and property on the ground. Specifically,

petitioners should describe the design and operational characteristics for the type(s) of
UAS they intend to operate, e.g. aircraft performance and performance limitations,

operating procedures, and aircraft loading information in as much detail as possible. This

could be provided in the petition or in an Aircraft Flight Manual or similar document.

NOTE: The FAA will consider all information and data submitted by the

petitioner that describes the UAS developmental and operational history. This

could include statistical data or other documentation for the specific design and

performance characteristics of the UAS, including the operational history and

operational failure modes, obtained through previous Research & Development

(R&D) and/or flight test activities, e.g. operations conducted under a COA, with a

civil airworthiness certificate, or under other authorized operating conditions.

Please find the high-level specs in the image below, and extensive user manual on all relative specs, 

safety procedures, operating procedures, and use guidelines are available from the UAS OEM website 

(http://www.dji.com/product/phantom-3-standard/info). [PDF is too large to attach]

2. Petitioners should describe any procedures they would implement, such as pre-flight

inspections, maintenance, and repair, to ensure that the UAS is in a condition for safe

flight. This could be provided in the petition, an Aircraft Flight Manual, a Maintenance

and Inspection Manual, or similar document.

Please find the high-level specs in the image embedded in this document, and extensive user manual on 

all relative specs, safety procedures, operating procedures, and use are available from the UAS OEM 

website (http://www.dji.com/product/phantom-3-standard/info). [PDF is too large to attach]

3. The petitioner should describe the Radio Frequency (RF) spectrum used for control of the

UAS and associated equipment that is part of the UAS (i.e., sensors, cameras, etc.), and

whether it complies with Federal Communications Commission (FCC) or other

appropriate government oversight agency requirements.

NOTE: Petitioners should be able to provide the FCC approval letter or show

compliance with FCC requirements upon request.

Regarding the Unmanned Aircraft PIC

Please find the high-level specs in the image embedded in this document, and extensive user manual on 

all relative specs, safety procedures, operating procedures, and use are available from the UAS OEM 

website (http://www.dji.com/product/phantom-3-standard/info). [PDF is too large to attach]. The UAS 

in question for petitioning contains a 3-axis gimbal mounted stock camera, and various sensors for 

accurate metric reporting (altitude, distance from controller, intelligent battery systems, and GPS 

navigation as a failsafe, etc). 

4. Petitioners should describe the qualifications required of any PIC(s) who will be directly

responsible for the operation of the UAS, including information such as: the level of

airman certificate held; any applicable training related to the operation; and any minimum

hours of flight experience required by the PIC(s), both total flight time and the time with

the particular UAS. If the operation would use visual observers, petitioners should

describe their roles and qualifications.

As the owner and operator of this UAS, I have years of hobby experience flying devices of similar size, 

quality, and features. I am currently registered with the FAA to operate this UAS, but would estimate 

that I have >50 hours of flight time experience with UASs. I only navigate under VLOS, and the device 

contains live stream view to ensure accurate navigation. 

5. Petitioners should describe the medical standards and certification of the PIC(s) directly

responsible for the operation of the UAS.

Regarding the Operation of the Unmanned Aircraft

As the PIC, I do not have any medical issues that inhibit my ability to pilot said UAS. 

6. Petitioners should fully describe their intended UAS operation(s). Petitioners should

describe how the proposed operation(s) would not adversely affect safety, or how they

would provide a level of safety at least equivalent to that provided by the rule from which

exemption is sought. Petitioners should address any plans to implement clearly defined
operational borders and procedures to ensure public safety, which includes persons and

property both in the air and on the ground. This can be described in the petition, in an

Operations Manual, or similar document.

As the only PIC for this UAS, I plan to pilot mostly recreationally. However, I plan to fund my hobby 

ambitions by providing photography services for small businesses, family, and friends. All flights will be 

VLOS, under the max altitude, and far away from people and no fly zones. Should this petition be 

accepted, I will honor all safety procedures and maintenance processes, as well as be a standup role 

model for the UAS community. This petition will grant me the opportunity to develop my amateur 

business and help others grow their marketing opportunities in a fair and legal way. 

7. Petitioners should specify the proposed maximum operating speed and altitude, and

describe minimum flight visibility and distance from clouds for their intended

operation(s). Petitioners should describe potential hazards and safety mitigations

associated with these proposed conditions. These issues can be addressed in the petition,

an Operations Manual, or similar document.

 Max operation speed: <20MPH

 Max operational altitude: <400 feet

 Minimum flight visibility distance: <200 feet

 Will not fly in hazardous or dangerous weather conditions that could negatively affect the UAS 

ability to safely navigate

9. Petitioners should describe if they intend to operate in the proximity of any airports, in

accordance with the statutory mandate under Section 333 regarding proximity to airports.

Not applicable. 

10. The UAS must be operated within visual line-of-sight (VLOS), in accordance with the

statutory mandate under Section 333(b)(1). Petitioners should describe how they intend to

comply with his mandate.

As stated previously above, will only be flying in VLOS. Because the UAS has all systems required for safe

operations, I have no need, desire, or requirement to fly out of VLOS. 

11. Petitioners should describe any procedures they would implement for conducting a

preflight safety risk assessment to determine that the UAS is in a condition for safe flight

(14 CFR § 91.7(b)) and that the planned operation can be completed safely. These

procedures can be addressed in the petition, an Aircraft Flight Manual, Operations

Manual, or similar document.

See attachment 2 (Attachment2_P3 Checklist). 

Thank you for your consideration!