United States Department of Transportation 

Federal Aviation Administration 

Boo Independence Ave, SW 

Washington, DC 20591 

RE: Petition for Exemption from certain Title 14 CFRs in regards to Section 333 of the FAA Modernization 

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

To whom it may concern: 

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

of unmanned aerial systems (UAS). The following will be included in this request : Personal information of 

Petitioner; Executive Summary; summarizing the rules petitioner seeks exemption from; reasons the 

exemptions would serve the public interest; Specific Title 14 CFRs to which an exemption is sought; the 

extent and reasons for the requested exemptions; and reasons why safety would not be compromised. 

PERSONAL INFORMATION 

Name: 

Company: 

Address: 

Phone: 

Email: 

Henry Scott Estes (hereafter referred to as "Petitioner") 

HenryS. Estes Photography 

3985 Abernathy Farm Way, Acworth, Georgia 30101 

770-546-7362 

scott@ hsestesphotogra p hy .com 

EXECUTIVE SUMMARY 

Henry S. Estes Photography plans it use UAS in order to capture aerial video and photography for the 

purpose of Real Estate, Construction, Land Surveys, Videography and general Photography. Since 2012, 

Petitioner has owned a DJI Phantom 1, Phantom 2, and now Phantom 3. As a hobbyist, Petitioner has 

become very proficient with the DJI Phantom models with over 100+ hours flown in type. Petitioner is 

requesting an exemption from the current rules in Section 333 which govern the uses of UASs for 

commercial purposes. The Petitioner seeks authorization to perform commercial UAS operations for the 

above mentioned uses. The Title 14 CFRs exemptions that this request entails are 61.113(a) & (b); 91.7(a); 

91.119; 91.121; 91.151(a); 91.405; 91.407(a); 91.409(a)(1) & (2); 91.417(a) & (b). Reasons for request are 

cited below. 
PUBLIC INTEREST 

Aerial videography for geographical awareness, real estate/construction, marketing and inspections has 

been around for a long time through manned fixed wing aircraft and helicopters. But for small business 

owners, its expense has been cost-prohibitive. Granting this exemption to the Petitioner would allow him 

to provide this service at a much lower cost. Further, the small UAS being utilized in this application will 

pose no threat to the public given its small size and lack of combustible fuel when compared to larger 

manned aircraft. The operation of this UAS will minimize ecological damage and promote economic 

growth by providing information to businesses and individuals in the metro Atlanta and North Georgia 

area. 

DESCRIPTION OF UAV TO BE DEPLOYED UNDER REQUESTED 

EXEMPTIONS 

Petitioner currently owns a DJI Phantom 3 UAS and a DJI Phantom 2 UAS. These are virtually the same 

model of UAV. The difference is in camera capabilities and slightly different control links. The petitioner 

intends to use the Phantom 3 as the primary UAS in commercial applications described herein. The 

Phantom 3 is a quad copter that can take off and land vertically. It weighs approximately 3 lbs. and has a 

maximum airspeed of approximately 25 knots. This UAS uses lithium polymer batteries which have 

approximately 20-25 minutes of total charge time. This gives this UAS approximately 12-15 minutes of 

flight time with sufficient remaining battery charge to land safely. The particular model of DJI Phantom 3 

being utilized under this request for exemption has First Person View (FPV) which allows the PIC to visually 

monitor certain telemetry data on a ground station monitor including altitude (AGL), 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. This is a significant safety feature as it shows the attitude of the UAS and 

its forward direction. However, this FPV feature will never be used as a tool to deviate from VLOS 

operation by the PIC. 

PREFLIGHT 

The petitioner will always follow procedures outlined in the UAS operator's manual as to proper preflight 

inspection of all hardware, software, environment and any other factors needed to ensure a safe flight. 

The PIC will make a visual walk through of the area, identify hazards, and notify and bystanders of the 

flight operation. 

FCC INFORMATION 

The UAS being deployed here is a DJI Phantom 3. The control link operates on the 2-4 GHz ISM radio 

frequency. Its published range is 1000 meters (3280 feet). The receiver sensitivity is -97dBm. 
PIC QUALIFICATIONS 

The PIC for HenryS. Estes Photography will hold no less than a Sport Pilot Certificate and/or UAS Operator 

Certificate (Docket No.: FAA 2015-0150; Notice No. 15-01). The petitioner has owned the UAS described 

above since 2012 and has over 100 hours in this type of UAS as a hobbyist. The petitioner envisions being 

the PIC in all operations that will be performed under the requested rule exemptions and the subsequent 

COA request. However, if another PIC is used for these operations, petitioner agrees that any PIC of the 

UAS in the envisioned operations will hold at least a FAA Private pilots certificate, hold at least a 3rd class 

medical certificate, or UAS Operator Certificate and have no less than 25 hours of PIC time in the UAS 

being deployed before beginning any type of commercial for hire operations and conform to all safety 

protocols. 

DESCRIPTION OF INTENDED COMMERCIAL OPERATIONS 

Petitioner intends to solicit work for aerial photography, real estate or construction inspections from real 

estate agents and brokers, insurance companies & related vendors, banks and private property owners to 

provide photography and videography of residential, commercial and rural real estate, land or crop 

surveys, or general aerial photography/videography. This work will always be conducted with the 

permission of the property owner or their respective agent. Flight operations will be restricted to flights 

directly over the property that has granted permission. Given the type of work being targeted here, the 

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

of people in an open air environment. Safety will always be the primary concern regarding any flight at 

any time. 

UAS OPERATING PARAMETERS 

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

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

are preferred to collect the photographic material needed. 

Although the UAS being deployed has an approximate control link distance of 3/4 mile, this is much more 

than VLOS will allow. Petitioner agrees never to fly UAS outside of VLOS. 

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

higher than 300 feet AGL, distance from clouds should not be a factor if flown in VMC conditions. 

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

VLOS at all times. The UAS will not operate within 5 nautical miles of an airport reference point as denoted 

on a current FAA published aeronautical chart. 

The UAS being deployed with these exemption requests 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. 

The petitioner agrees to yield right of way to all manned aviation activities at all times. 
EXEMPTION REQUESTS 

The following are a list of Title 14 CF As which the petitioner seeks exemption . Please note that 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 in 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 relieve was not necessary. These rules are 

Part 21, 45.23(b). 91.9(b)(2), 91.103(b), 91.109 and 91.203(a) & (b). If the reviewer believes that these 

rules need to be addressed in this request, the petitioner will make a supplemental request including 

these additional rule exemptions. 

RULE 61.113 PRIVATE PILOT PREVELEGES AND LIMITATIONS 

As to private pilot limitations concerning operations for hire or compensation, it seems that Exemption 

No. 11062 to Astraeus has allowed this exemption previously and was noted in the Trudeau Exemption 

No. 11138. 

As to airmanship skills, the Petitioner has been operating his UAS since 2013 and has over 100 hours of 

flight time. Petitioner currently fly's this UAS several hours a month as a hobby and is very proficient and 

has the skills to maintain altitude, maintain VLOS, navigate, avoid obstacles, avoid air traffic and respond 

to loss of control link. 

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 91.119(c) MINIMUM SAFE ALTITUDES 

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

operated at lower altitudes in certain conditions. Petitioner seeks an exemption from this rule as 

Petitioner will only operate the UAS in a range from ground level up to but not exceeding 400 feet (AGL) 

and will only operate in safe areas away from the public thus providing a level of safety not available to 

manned aircraft. The petitioner asserts that given the size, weight, maneuverability and speed of the 

UAS, an equivalent or higher level of safety will be achieved that from conventional manned helicopters. 

Petitioner will avoid actively populated areas. Petitioner intends to operate the UAS over real estate for 

inspection purposes. Petitioner will not operate over any assemblage 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, which is for photography and videography of real 

estate for marketing & inspection purposes, agreement from the engaging property owner or their 
agent is an absolute necessity. The UAS will only be flown over properties with this permission. 

However, given the housing density in the Atlanta, GA area, maintaining a 500 foot distance from other 

structures even while strictly flying over a permission granting owner's property is impossible in many 

instances. The Petitioner seeks an exemption to this rule which would allow a so' stand-off from other 

structures as long as the UAS is operated completely over and within the property boundary lines of a 

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 SETTINGS 

Petitioners' UAS has GPS derived altitude capabilities with a barometric sensor. The petitioner believes 

this rule in not applicable to the UAS operations intended. 

RULE 91.151(a) FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS 

Petitioner seeks relief from this rule due to the UAS being deployed is battery operated and the 

requirements under this rule are not applicable. The UAV in question has First Person Vision capabilities 

which transmits certain telemetry to a monitor where the PIC can monitor certain aspects of the flight 

including battery level. A typical battery for a Phantom 3 UAS will last approximately 20-25 minutes 

before total exhaustion. Certain battery level warnings are set where the PIC will know when the battery 

state is at 30% and 15% remaining charge levels. This will normally allow a flight of 12- 15 minutes with 

sufficient battery charge to make a safe landing. Petitioner will never begin a flight unless a fully charged 

battery is used. 

RULE 91.405(a) MAINTENANCE REQUIRED, 91.407(a) OPERATION AFTER MAINTENANCE, 

PREVENTITIVE MAINTENANCE, REBUILDING OR ALTERATION; 91.409(a) (2) INSP ECTIONS; 91.417(a) 

(b) MAINTENANCE RECORDS 

Petitioner seeks relief from these rules due to it being an alternate inspection requirement of 91.409{a) 

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

documents. 

SUPPLEMENTAL INFORMATION 

The Petitioner has provided the following information to support these requests for rule exemptions: 

1) DJI Phantom 3 User Manual 

2) DJI Phantom 3 Quick Start Guide 

3) DJI Phantom 3 Safety Guidelines and Disclaimer 

4) DJI Smart Flight Battery Safety Guidelines 
CLOSING 

The Petitioner believes that exemption from the above listed Title 14 CFRs is warranted given the nature 

of the type of UAS flights that will be undertaken, the size & weight of the UAS being deployed, the 

safety precautions to the general public and the NAS the Petitioner intends to adhere to, the positive 

environmental impact the flight operations would have compared to manned fuel consuming missions 

and the economic benefit the Petitioner's business would have in this new area of aviation. 

Thank you for your review of this matter. Please feel free to contact me at any time with any questions 

regarding this matter. 

ully Submitted, 

JJ/¢ 

Henry Scott Estes