January 28th 2016 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Exemption petition under Section 333

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

Aviation Regulations from: 14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) &

(b); 14 C.F.R. 91.7 (a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F.

R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR

91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b)

To Whom It May Concern:

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

Act) and 14 C.F.R Part 11, I, Mr. Cole Drechsler, an operator of a small Unmanned

Aircraft System (“UAS”) for aerial photography, videography, surveying, and mapping 

hereby apply for an exemption from the Federal Aviation Regulations (“FARs”) to allow 

for commercial operation of my 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.

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

small, unmanned, and relatively inexpensive UAS under controlled conditions in the

National Airspace System (NAS) that is (1) limited, (2) predetermined, (3) subject to

controlled access, and (4) provide greater safety in connection with aircraft operations.

As established by the exemptions already granted by the FAA, approval of my exemption

would 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.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Name: Cole John Drechsler (Petitioner’)

Address: 411 E. Washington St. Unit 403B

 Ann Arbor, MI 48104

Phone: 951-595-1247

Email: coledre@umich.edu

This exemption application is expressly submitted to fulfill Congress’ goal in passing

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of

Transportation to consider whether certain unmanned aircraft systems may operate safely
in the NAS before completion of the rulemaking required under Section 332 of the

Reform Act. In making this determination, the Secretary is required to determine which

types of UASs do not create a hazard to users of the NAS or the public or pose a threat to

national security in light of the following:

• The UAS’s size, weight, speed, and operational capability

• Operation of the UAS in close proximity to airports and populated areas

• Operation of the UAS within visual line of sight of the operator

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This statutory authority by its terms includes exempting civil aircraft, as the term defined

under §40101 of the Act, which includes UASs, from the requirement that all civil

aircraft must have a current airworthiness certificate.

The UAS that I will be operating weighs less that 55 pounds, including the camera, lens 

and gimbal. It can reach a top speed of no more then 30 knots. The UAS can hover and 

can move vertically and horizontally simultaneously. I will only operate the UAS in line 

of sight and will operate only within the designated area of interest. Such operations will 

insure that the UAS will “not create a hazard to users in the national airspace system of 

the public.”

I seek an exemption to operate the DJI Phantom 3 model UAS, a quadcopter, for

compensation or hire within the NAS. Such activities include, but are not limited to,

aerial photography and videography, aerial survey, and aerial mapping. The UAS has a 

maximum weight less than 3 pounds, maximum speed of 35mph, and a run time of 

approximately 23 minutes. A copy of the operating handbook will also be attached to this 

proposal.

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

will operate, the applicant falls squarely within the zone of safety (an equivalent level of

safety) in which Congress envisioned that the FAA must, by exemption, allow

commercial operations of UASs to commence immediately. Additionally, due to the size

of the UAS and the limited areas in which they will operate, approval of this application

presents no national security threat. Given the clear direction in Section 333 of the

Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong

equivalent level of safety surrounding the proposed operations, and the significant public

benefit, including enhanced safety, reduction in environmental impacts, including

reduced emissions associated with allowing UASs for photo and video commercial

operations, the grant of the requested exemptions is in the public interest. Accordingly, I

respectfully request that the FAA grant the requested exemption without delay.

How my request would benefit the public as a whole

Aerial photography and videography for estate marketing or any legal business utilizing 

aerial imagery has been around for an extensive period of time and has been done with 

manned fixed wing aircraft and helicopters. My partner (Robert Dwyer) and I want to 
bring a more cost effective method for real estate agents to obtain photographs and videos 

of their real estate. Most methods involving manned aircrafts are expensive and 

dangerous to the NAS. Since the UAS I will be using is small and confined within a zone 

of safety, it would be a much more convenient to capture images of real estate. Our 

services of photographs and videography will not be limited to real estate listings but to 

any small businessperson that would be interested in having aerial photography and 

videography of their property. Unmanned Aircraft Systems significantly reduce the 

potential threat to the public compared to manned aircrafts while also improving the 

photographs captured of the real estate.

Also, surveying the local land and displaying it to the general public would raise 

awareness of the local resources and environment. This would promote conservation of 

the land in our community. 

Aircraft and Equivalent Level of Safety

I propose that the exemption requested apply to civil aircraft that have the characteristics

and that operate with the limitations listed. These limitations provide for at least an

equivalent or even higher level of safety to operations under the current regulatory

structure because the proposed operations represent a safety enhancement to the already

safe aerial photography and videography operations conducted with conventional aircraft.

These limitations and conditions to which I agree to be bound when conducting

commercial operations under an FAA issued exemption include:

 The UAS will weigh less than 55 pounds.

 Flights will be operated within line of sight of a pilot and/or observer.

 Maximum total flight time for each operation flight will be 20 minutes. 

Flights will be terminated at 25% battery power reserve should that occur 

prior to the 20 minute limit.

 Flights will be operated at an altitude of no more that 400 feet AGL or 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 the 

Visual Observer

 UAS Pilot will be Pilot in Command (PIC). If the PIC deems another 

operator to be qualified with the necessary skills to be PIC, that person can 

also be designated as PIC provided they have a minimum of 50 hours of 

flight time with the UAS.

 Flights will be conducted at a lateral distance of at least 50 feet from an
inhabited structures, buildings, vehicles, vessels, or people not associated 

with the operation or who have not signed a waiver in advance of the 

operation.

 A briefing will be conducted in regard to the planned UAS operations prior 

to each day’s production activities. It will be mandatory that all personnel 

involved with the operation duties of the flight within the boundaries of the 

safety perimeter be present for this briefing.

 For photography and videography missions, the operator will file a written 

Plan of Activities to the FSDO three days before the proposed mission. This 

Plan of Activities will include:

a. Dates and times for all flights

b. Name and phone number of the operator for the UAS aerial filming

conducted under this grant of exemption

c. Name and phone number of the person responsible for the on-scene

operation of the UAS

d. Make, model, and serial or N−Number of UAS to be used

e. Name and certificate number of UAS PICs involved in the aerial 

filming

f. A statement that the operator has obtained permission from property

owners and/or local officials to conduct the filming production event; the

list of those who gave permission must be made available to the inspector

upon request

g. Signature of exemption holder or representative

h. A description of the flight activity, including maps or diagrams of any 

area, city, town, county, and/or state over which filming will be conducted 

and the altitudes essential to accomplish the operation

 Pilot and Observer will be trained in operation of UAS generally and receive 

up to date information on the particular UAS to be operated.

 All crew members will at all times be able to communicate by only voice

communications as to ensure all crew members maintain a visual contact 

with the UAS at all times.

 Written and/or oral permission from the relevant property holders will be 

obtained.

 If the UAS loses communications or loses its GPS signal, it will have the

capability to return to a pre-determined location within the security

perimeter and land.

 The UAS will have the capability to abort a flight in case of unpredicted 

emergencies.
The specific section or sections of 14 Code of Federal Regulations (CFR) from which

I seek an exemption:

14 CFR Part 21

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

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (1) & (2)

14 CFR 417 (a) & (b)

14 CFR Part 21 Subpart H: Airworthiness Certificates, 14 CFR §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements

for the issuance of airworthiness certificates as required b FAR §91.203 (a) (1). Given the

size and limited operating area associated with the aircraft to be utilized by the Applicant,

an exemption from Part 21 Subpart H meets the requirements of an equivalent level of

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49

USC§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt

aircraft from the requirement for an airworthiness certificate, upon consideration of the

size, weight, speed, operational capability, and proximity to airports and populated areas

of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS

operated without an airworthiness certificate, in the restricted environment and under the

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and

conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. full loaded, carries neither pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates

exclusively within a secured area. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by both the operator and under the

requirements and in compliance with local public safety requirements, to provide security

for the area of operation as is now done with conventional filming. The FAA will have

advance notice of all operations. These safety enhancements, which already apply to civil

aircraft operated in connection with motion picture and television production, provide a

greater degree of safety to the public and property owners than conventional operations

conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H. 
Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.

14 CFR § 45.23 (b) Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or

experimental or provisionally certificated aircraft, the operator must also display

aircraft or experimental or provisionally certificated aircraft, the operator must

also display on the aircraft near each entrance to the cabin, cockpit, or pilot 

station,in letters not less than 2 inches nor more than 6 inches high, the words 

“limited,” “restricted,” “light-sport,” “experimental,” or “provisional” as 

applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit, or pilot station on which

the word “Experimental” can be placed. Given the size of the UAS, two-inch lettering

will be impossible. The word “Experimental” will be placed on the fuselage in

compliance with §45.29.

The equivalent level of safety will be provided by having the UAS marked on its fuselage

as required by §45.29 (f) where the pilot, observer, and others working with the UAS will

see the identification of the UAS as “Experimental.” The FAA has issued the follow

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167, and 10167A.

14 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in

Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the

UAS will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations by requiring the PIC operating the aircraft

to have no less than 50 hours of flight time with the UAS. Unlike a conventional aircraft

that carries the pilot and passengers, the UAS is remotely controlled with no living thing

on board. The area of operation is controlled and restricted, and all flights are planned

and coordinated in advance.

14 CFR §91.7 (a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. Given the size of the aircraft and the requirements contained in the
Manufacturers Operating Manual for maintenance and use of safety checklists prior to

each flight, an equivalent level of safety will be provided.

14 CFR §91.9 (b) 2: Civil Aircraft Flight Manual In The Aircraft

Section 91.9 (b) provides:

No person may operate a U.S.-registered civil aircraft...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of

this chapter, unless there is available in the aircraft a current approved airplane or

Rotorcraft Flight Manual, approved manual material, markings, and placards, or

any combination thereof.

The UAS, given its size and configuration has no ability or place to carry such a flight

manual on the aircraft, not only because there is no pilot on board, but because there is no

room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the

ground control point where the pilot flying the UAS will have immediate access to it. The

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737,

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 CFR §91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be

provided for the aircraft, an exemption will be needed. The PIC will take all actions

including reviewing weather, flight battery requirements, landing and takeoff distances,

and aircraft performance data before initiation of flight.

14 CFR §91.109: Flight Instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning

dual controls.

UAS and remotely piloted aircraft, by their design, do not have full functional dual

controls. Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The FAA has approved

exemptions for flight training without full functional dual controls for a number of

aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K &

9862A. The equivalent level of safety is provided by the fact that neither a pilot nor

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR §91.119: Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 9-1.119

(d) allows helicopters to be operated at less than minimums prescribed, provided the

person operating the helicopter complies with any route or altitudes prescribed for

helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the

exemption requests authority to operate at altitudes up to 400’ AGL, or not more than 

200’

above an elevated platform from which filming is planned, an exemption may be needed

to allow for such operations. As set forth herein, the UAS will never operate at higher

than 400’ AGL with the exception that in circumstances where the UAS is used to survey

or photography a structure whose height exceeds 400’ AGL, the UAS will not be

operated more than 200’ above the highest point on the structure. It will however be

operated in a restricted area with security perimeter, where buildings and people will not

be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the

UAS as well as the location where it is operated. No flight will be taken without the

permission of the property owner or local officials. Because of the advance notice to the

property owner and participants in the filming activity, all affected individuals will be

aware of the planned flight operations. Compared to flight operations with the aircraft or

rotorcraft weight fare more than 55 pounds, proposed herein and the lack of flammable

fuel, any risk associated with these operations is far less than those presently presented

with conventional aircraft operating at or below 500’ AGL. In addition, the low-altitude

operations of the UAS will ensure separation between these small UAS operations and

the operations of conventional aircraft that musty comply with Section 91.119.

14 CFR §91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an

appropriate altimeter setting available before departure.” As the UAS may not have a

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed.

An equivalent level of safety will be achieved by the operator, pursuant to the Manual

and Safety Check List, by receiving altitude information via a digitally encoded

telemetric data feed, which downlinks from the aircraft to a ground-based on-screen

display. This altitude information will be generated by equipment installed on board the

aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio

altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point

will be established and confirmed for accuracy by the pilot.

14 CFR §91.151 (a): Fuel Requirements For Flight In VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under

VFR conditions unless (considering wind and forecast weather conditions) there is

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

speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes.”
The battery powering the UAS provides approximately 23 minutes of powered flight. To

meet the 30-minute reserve requirement in 14 CFR §91.151, UAS flights would be not be

possible. Given the limitations on the UAS’s proposed flight area and the location of its

proposed operations within a predetermined area, a longer time frame for flight in

daylight or twilight VFR conditions is reasonable. I believe that an exemption from 14

CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption 10673

(allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151

(a)). Operating the small UAS, in a tightly controlled area where only people and

property owners or official representatives who have signed waivers will be allowed,

with less that 30 minutes of reserve fuel, does not engender the type of risks that Section

91.151 (a) was intended to alleviate given the size and speed of the small UAS.

I believe that an equivalent level of safety can be achieved by limiting flights 15 minutes

or 25% battery power, whichever happens first. This restriction would be more than

adequate to return the UAS to its planned landing zone from anywhere in its limited

operating area.

Similar exemptions have been granted to other operations, including Exemption Nos.

2689F, 5745, 10673, and 10808.

14 CFR §91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate

required by paragraph (a) of this section or a special flight authorization issued

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

The UAS fully loaded weighs no more than 55 pounds and is operated without an

onboard pilot. As such, there is no ability or place to carry certification and registration

document or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the pilot flying the UAS will have immediate access to them; to the

extent they are applicable to the UAS. The FAA has issued numerous exemptions to this

regulation. A representative sample of other exceptions includes Exemption Nos. 9565,

9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR §91.405 (a); 407 (a) 1; 409 (a) 1 & 2; 417 (a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft
inspected as prescribed in subpart E of this part and shall between required inspections,

except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter...” and others shall inspect or maintain the aircraft in

compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to the applicant. Maintenance will be

accomplished by the operator pursuant to the Flight Manual and Operating Handbook. As

the manufacturer does not provide specific maintenance instructions, maintenance will be

“on condition” for all aircraft and each aircraft will have a maintenance log.

An equivalent level of safety will be achieved because these small UASs are very limited

in size and will carry a small payload and operate only in restricted areas for limited

periods of time. If mechanical issues arise, the UAS can land immediately and will be

operating from no higher than 400’ AGL. As provided in the Manual, the operator will

ensure that the UAS is in working order prior to initiating flight, perform required

maintenance, and keep a log of an maintenance performed. Moreover, the operator is the

person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety. If the operator encounters a

maintenance issue, which cannot be addressed, the UAS will be returned to the

manufacturer or a qualified repair facility where such repairs or maintenance can be

performed.

A summary we can publish in the Federal Register:

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7

(a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F. R. 91.119;

14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405

(a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b) to

operate commercially a small unmanned system for aerial photography,

videography, surveying, mapping and photogrammetry, and scientific &

environmental research.

Approval of exemptions allowing commercial operations of UASs in the aerial photo and

film industry will enhance safety by reducing risk. Conventional aerial photo and film

operations, using jet or piston powered aircraft, operate at extremely low altitudes, just

feet from the subject being filmed and in extreme proximity to people and structures; and

present the risks associated with vehicles that weigh in the neighborhood of 4,000 

pounds, carry large amounts of jet A or other fuel. Such aircraft must fly to and from the 

film location. In contrast, a UAS weighing less than 55lbs. and powered by batteries

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel

carried on board. The UAS is carried to the film set and not flown. The UAS will carry
no passengers or crew and, therefore, will not expose them to risks associated with

manned aircraft flights.

The operation of small UASs, weighing less than 55 pounds, conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant

of the exemptions requested herein, including exempting the applicant from the

requirements of Part 21 and allowing commercial operations. These lightweight aircraft

operate at slow speeds, close to the ground, and in a controlled environment and, as a 

result, are far safer than conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people.

UAS Description

DJI Phantom 3:

Weight (Including Battery And Propellers): 1280 g

Diagonal Size (Including Propellers): 590 mm

Max Ascent Speed: 5 m/s

Max Descent Speed: 3 m/s

Hover Accuracy: Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

 Horizontal: +/- 1.5 m

Max Speed: 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level: 6000 m

Operating Temperature: 0°C to 40°C

GPS Mode: GPS/GLONASS

Remote Control:

Operating Frequency: 2.400 GHz-2.483 GHz

Max Distance: 2000m (outdoors and unobstructed)

Operating Temperature: 0°C- 40°C

Battery: 6000 mAh LiPo 2S

Receiver Sensitivity (1%PER): -101 dBm ±2 dBm

Transmitter Power (EIRP): FCC: 20 dBm, CE: 16 dBm

Working Voltage: 1.2 A @7.4 V

Battery:

Capacity: 4480 mAh

Voltage: 15.2 V

Battery Type: LiPo 4S

Energy: 68 Wh

Net Weight: 365 g

Max Flight Time: Approximately 23 minutes

Operating Temperature: -10°C to 40°C

Max Charging Power: 100 W
Also attached for review is the User Manual

Sincerely,

Mr. Cole Drechsler

Mr. Robert Dywer