June 10, 2015

Vincent Nappa, Jr. dba, Boston Drone Works

5 South Street Court,

Rockport, MA 01966

(978) 546-5905

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Section 333 of the FAA Reform Act of 2012 

Dear Administrator, 

I, Vincent Nappa, Jr. dba, Boston Drone Works, herein referred to as (the petitioner), am writing 

pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 

14 C.F.R. 11, to request that the petitioner,Vincent Nappa, Jr., an owner and operator of small 

unmanned aircraft system (sUAS), petition for exemption from the Federal Aviation Regulations 

listed below and any regulation as required by the FAA that is deemed necessary in order to 

conduct commercial UAS operations as described. 

The requested exemption would permit the petitioner to pursue, safe, professional, for profit 

services to private and public entities within the State of Massachusetts and adjoining states 

utilizing a small unmanned aircraft system (sUAS) for aerial still and video data capture for, but 

not limited to the following purpose:

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

architecture, land surveying, engineering and other related professional activities.

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

events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority.

4. 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.

As described herein the petitioner is an FAA certificated, Airline Transport Pilot and Flight 

Instructor, with over 20 years of aviation experience within the aviation industry as a pilot, with 

7500 total flight hours, including 1400 hours of flight instruction. The petitioner has been 

employed as, pilot in command, second in command and flight instructor for FAR part 91 and 

135 flight departments. The petitioner has attended Flight Safety International for Learjet and 

Beechjet initial and recurrent courses, as well as enrichment classes for Cockpit Resource 

Management, Accident Prevention and Controlled Flight Into Terrain. The petitioner is 

experienced and familiar with the standard operating practices and procedures, aircraft flight and 

maintenance manuals, as well as safety standard within the aviation industry.

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Furthermore the petitioner has been awarded a Pilot Safety Award, issued by the National 

Business Aviation Association, Flight School Security Awareness Certificate, issued by the 

Transportation Security Administration and warrants to conduct operations over private or public 

lands in the above uses with safety for the general public as the greatest priority. In addition, the 

safe integration of the UAS into the national airspace without interference or hazard to manned 

aircraft is of utmost importance. The proposed services are offered with the intent of enhancing 

the development and safe operation of unmanned aircraft systems, realizing that current manned 

aircraft operations pose a much greater risk of personal injury and or death and extensive 

property damage. The use of UAS could fulfill a service to consumers and small entities that 

would otherwise not exist due to the risks and costs involved with manned aircraft. 

The UAS’s to be utilized during the operations are a highly successful consumer grade small 

rotorcraft in the quad copter configuration manufactured by DJI and have the manufactures 

model designation Phantom 2 Vision, Phantom 3, and Inspire 1. These UAS’s utilize an internal 

inertial measuring unit (IMU) with integrated barometric sensor augmented with global 

positioning system (GPS) to maintain its geospatial orientation and position. They are controlled 

primarily through an FCC certified radio control (RC) unit. Real time video and telemetry 

information is transmitted back to a ground control station allowing the operator and/or PIC to 

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, 

and control camera angle. They have failsafe modes of operation for either loss of RC or GPS 

signal. Altitude can be limited by the onboard flight controller and maximum altitude can be 

preprogrammed by the PIC. Battery life limits flight times to approximately 25 minutes. The 

onboard flight controller will warn the pilot via telemetry and external lighting cues before 

reaching a low battery state. An automatic termination of flight and landing will be initiated 

when the battery reaches a predetermined low state. 

The DJI Phantom 2 Vision with an advertised weight of 2.5 pounds (1160g) designed primarily 

to carry aloft a high definition camera. It has an advertised maximum speed of less than 30 knots 

(15m/s) and a maximum climb rate of less than 1200 feet per minute (6 m/s). It is powered by 

four electric motors with a distance between motors of less than 14 inches (350mm). More 

information is available in attachment 1, 2, 3.

The DJI Phantom 3 with an advertised weight of 2.8 pounds (1280g) designed primarily to 

carry aloft a high definition camera. It has an advertised maximum speed of less than 32 knots 

(16m/s) and a maximum climb rate of less than 1000 feet per minute (5 m/s). It is powered by 

four electric motors with a diagonal size (including propellers) of less than 24 inches (590mm). 

More information is available in attachment 4.

The DJI Inspire 1 with an advertised weight of 6.4 pounds (2935g) designed primarily to carry 

aloft a high definition camera. It has an advertised maximum speed of less than 43 knots (22m/s) 

and a maximum climb rate of less than 1000 feet per minute (5 m/s). It is powered by four 

electric motors with a diagonal distance of 22-23 inches (559-581mm). More information is 

available in attachment 5.

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In addition to the requirements already set forth by C.F.R. Title 14 and the applicable FAR, 

The petitioner will,

a. Only operate its UAS in direct visual line of sight of the pilot and observer without use of a 

visual aid other than corrective lenses.

b. Operate at an altitude no greater than 400 feet above the ground.

c. Operate with due vigilance and known practiced see and avoid scanning techniques to avoid 

any conflicts with manned or other UAS aircraft that may enter the UAS operating area. The 

UAS flight will be immediately terminated if a potential conflict may exist.

d. Operate over private or public sites only with prior permission from property owner or 

owner’s agent or legal authorities as allowed by law.

e. Terminate flight when any unsafe condition exists.

f. Terminate flight when battery voltage drops to 20% of battery capacity or when the 1 low 

battery alert occurs per the Instruction Manual.

g. Operate at a ground speed of 0 to 40 knots during on site missions.

h. Operate in accordance with the guidance and standards set forth by the UAS manufacturer and 

the administrator.

i. Operate with a minimum crew for each operation consisting of the PIC and a visual observer in 

direct communication utilizing appropriate verbal, radio or cell phone as needed.

j. Insure the sUAS operator on the controls will be at least a current Private Pilot with a class III 

medical or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the Federal government.

k. Provide ground instruction with standards and content currently accepted by the administrator 

for private pilot knowledge testing, to the observer.

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)

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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)

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by 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 U.S.C.§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 small UAS. In all cases, an 

analysis of these criteria demonstrates that the small 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 small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured and designated 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. These safety enhancements provide a greater 

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

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these 

same criteria demonstrates that there is no credible threat to national security posed by the small 

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 C.F.R. § 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 on that 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 small UAS will have no airworthiness certificate, an exemption may be needed 

as the small 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 small UAS, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 

(f). The equivalent level of safety will be provided by having the small UAS marked on its 

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

UAS will see the identification of the small UAS as “Experimental.”

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14 C.F.R. § 61.113(a)&(b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a)&(b), no person who holds a private pilot certificate may act as a 

pilot in command of an aircraft that is carrying passengers or property for compensation or hire. 

Because our small UAS’s do not carry any pilots or passengers nor property, the proposed 

operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot’s certificate rather than a commercial pilot’s 

certificate to operate the UAS, therefore I am seeking an exemption to 14 CFR 61.113(a)&(b). 

The risks attendant to the operation of small UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth will 

equate to the safe operation of the small UAS.

14 C.F.R. §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 for maintenance and use of safety checklists prior to each flight an 

equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) 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 small 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 small UAS will have 

immediate access to it.

14 C.F.R. § 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 OPERATOR will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 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. Small UAS and remotely piloted aircraft, by their design do not have fully 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 fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety 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.

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14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the 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 small 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 such operations. As set forth herein, the small 

UAS will never operate at higher than 400 AGL. The equivalent level of safety will be achieved 

given the size, weight, speed of the small 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 

aircraft or rotorcraft weighting far more than the maximum 55lbs. 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 small UAS will ensure separation between these small UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §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 small 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 safety check list and live flight data 

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before 

flight.

14 C.F.R. § 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 small UAS provides approximately 25 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited 

to approximately 10 minutes in length. Given the limitations on the small 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. Applicant believes that an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 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 than 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. Additionally, limiting small UAS flights to 10 minutes 

would greatly reduce the utility for which the exemption will be granted. Applicant believes that 

an equivalent level of safety can be achieved by limiting flights to 20 minutes or 20% of battery 

power— whichever happens first. This restriction would be more than adequate to return the 

small UAS to its planned landing zone from anywhere in its limited operating area.

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14 C.F.R. §91.203 (a) and (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 small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

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

display them on the small UAS.

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

point where the pilot flying the small UAS will have immediate access to them; to the extent they 

are applicable to the small UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (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 section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. The petitioner will complete all authorized component 

replacements at the petitioner’s base of operations or in the field as required. The manufacturer 

or authorized repair center will complete any maintenance or repairs that cannot be completed by 

the petitioner. An equivalent level of safety will be achieved because the UAS is very limited in 

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

time. If mechanical issues arise the UAS can land immediately and will be operating from no 

higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any 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.

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the UAS Manufacturer's User Manual. The operator will ensure 

that the UAS is in working order prior to initiating flight and perform required maintenance as 

needed.

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As previously stated the petitioner has demonstrated over 20 years of safe professional 

commercial airplane service as a pilot. The petitioner requests the administrator to consider that 

the same professional standards and safe practices utilized by this petitioner would be an asset 

and greatly benefit the development and integration of the UA system into the National Airspace. 

Furthermore it is of this petitioner’s best interest as a commercial pilot to insure safe, compliant 

and professional commercial operations for the furtherance of public safety in the aviation 

industry.

Sincerely,

Vincent Nappa, Jr.

Attachments: 

1) DJI Phantom 2 Vision Quick Start Guide (EN) v1.0 2013-10-30 

2) DJI Phantom 2 Vision User Manual (EN) v1.8 2015-01-30

3) DJI Phantom 2 Vision Specifications

4) DJI Phantom 3 Specifications

5) DJI Inspire 1 Specifications

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