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February	17,	2016

Nicholas	Stone

3822	Habberline	Street,	Wilmington,	NC	28412	

Mobile:	(860)-227-9956

Email:	nick.stone225@gmail.com

U.S.	Department	of	Transportation	Docket	Management	System

West	Building	Ground	Floor,	Room	W12-140

1200	New	Jersey	Ave.,	SE	Washington,	DC	20590

RE: Exemption Request Section 333 of the FAA Modernization and Reform Act of 2012 

Links	to	DJI	Phantom	3	documentations:	

1. Phantom	3	Standard	User	Manual	v1.2

2. Phantom	3	Standard	Quick	Start	Guide	v1.2

3. Phantom	3	Intelligent	Battery	Safety	Guidelines

4. Phantom	3	Safety	Guideline	Disclaimer

References:	

1. FAA	Exemption	No.	11138,	Regulatory	Docket	No.	FAA-2014-0481 in	the	matter	of	

the	petition	of	DOUGLAS	TRUDEAU

2. FAA	Exemption	No.	11136,	Regulatory	Docket	No.	FAA–2014–0508	in	the	matter	of	

the	petition	of	ADVANCED	AVIATION	SOLUTIONS	LLC	

3. FAA	Exemption	No.	11445 Regulatory	Docket	No.	FAA-2015-0143 in	the	matter	of

the	petition	of	BRIAN	M.	WALK/UNMANNED	AERIAL	SOLUTIONS

4. FAA	Exemption	No.	11437	Regulatory	Docket	No.	FAA-2015-0221	in	the	matter	of	

the	petition	of	MARCUS	D.	MELHUS

5. FAA	Exemption	No.	14614	Regulatory	Docket	No.	FAA-2015-5541	in	the	matter	of	

the	petition	of	DENNIS	VIRGIL	WALTER

Dear	Sir	or	Madam,	

In	accordance	with	the	FAA’s	Guidelines	for	Submitting	a	Petition	for	Exemption	under	

section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012,	I	Nicholas	Stone,	referred	to	

hereafter	as	the	petitioner,	request	exemption	from	the	following	sections	of	Title	14,	Code	

of	Federal	Regulations	§§

45.23 ; Part 61; 91.119(c); 91.121; 91.203; 91.207; 91, Subpart E; 91.151(a); 91.405(a); 

91.407(a)(1); 91.409 (a)(1); 91.409(a)(2); 91.417(a) & (b); 

In	order	to	operate	small	unmanned	aircraft	systems	(UAS)	commercially	in	airspace	

regulated	by	the	Federal	Aviation	Administration	(FAA)	for	the purposes	of	aerial	

photography, videography,	and	other	flight	operations	that	could	be	performed	safely	and	

more	cost	effectively	with	the	use	of	small	UAS	at	low	altitude	within	the	U.S.	national	

airspace	system	as	compared	to	a	manned	aircraft.	
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Operations	will	be	performed	only	at	the	request	of	and	with	the	authorization	and	

permission	of	clients	or	their	authorized	agents	in	order	to	facilitate	commerce	and	raise	

awareness	of	the	beneficial	uses	of	small	unmanned	air	systems.	

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.	The	conditions	identified	

and	proposed	by	the	petitioner	are	drawn	from	references	1-4.	

The	FARs	

The	petitioner	seeks	exemption	from	the	above	mentioned	FARs	for	the	following	

reasons;	

45.23

FAR	45.23	establishes	marking	requirements	for	aircraft;	paragraph	(b)	

mandates	the	registration	number	be	displayed	in	letters	not	less	than	two	inches	in	

height.		The	subject	UAS	is	too	small	to	accommodate	the	type-size	requirement.		

The	petitioner	requests	an	exemption	from	this	part.

Part	61	

As	discussed	in	Exemption	FAR	Part	61	sets	forth	the	certification	

requirements	for	pilots.		Because	the	subject	UAS	would	not	have	an	airworthiness	

certificate,	and	given	its	small	size	and	minimal	risk	factor,	the	petitioner	requests	

an	exemption	from	FAR	Part	61,	that	would	allow	him	to	operate	the	subject	UAS	for	

aerial	video	and	photography	projects

91.119(c)	

As	discussed	in	Exemption	11138	(DOUGLAS	TRUDEAU),	operations	

conducted	closer	than	500	feet	to	the	ground	may	require	that	the	UA	be	operated	

closer	than	500	feet	to	essential	persons,	or	objects	that	would	not	be	possible	

without	additional	relief.	The	petitioner	requests	modification,	waiver	or	exemption	

and	clarification	concerning	the	terms	“congested	areas”	and	“densely	populated”.	

The	petitioner	requests	waiver	for	this	condition	to	allow	reasonable	and	

responsible	operations	in	areas	of	subdivisions	and	neighborhoods	if	required.	The	

petitioner	will	primarily	operate	the	UAS	between	ground	level	and	200	feet.	The	

UAS	will	be	operated	over	designated	properties	with	the	owner’s	consent	and	

while	maintaining	a	safe	distance	from	persons.	The	petitioner	will compile	flight	

data	from	the	logs.	This	data	may	assist	the	FAA	in	development	of	regulations	for	

commercial	operations	in	low-risk,	controlled	environments.

91.121 

As	discussed	in	Exemption	11138	(DOUGLAS	TRUDEAU)	is	inapplicable	since	

the	UAS	does	not have	an	altimeter	and	instead	utilizes	electronic	GPS	with	a	

barometric	sensor	for	altitude	information.

91.151(a) 
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As	discussed	in	Exemption	11136	(ADVANCED	AVIATION	SOLUTIONS	LLC)	

prior	relief	has	been	granted	for	manned	aircraft	to	operate	at	less	than	the	

prescribed	minimums,	including	Exemption	Nos.	2689,	5745,	and	10650.	In	

addition,	similar	UAS	specific	relief	has	been	granted	in	Exemption	Nos.	8811,	

10808,	and	10673	for	daytime,	VFR	conditions.	The	UAS	provides	battery	power	

remaining	in	percent	to	the	PIC.	The	UA	batteries	provide	approximately	23 minutes	

of	powered	flight.	Information	provided	in	the	operating	documents	discusses	

procedures	regarding	remaining	battery	power	management.	Those	documents	

contain	a	condition	in	which	the	PIC	will	initiate	a	landing	procedure	when	battery	

remaining	reaches	a	specified	level.	Given	the	limitations	on	proposed	operations	

and	the	location	of	those	proposed	operations,	The	FAA	found	that	a	reduced	

minimum	power	reserve	for	flight	in	daytime	VFR	conditions	was	reasonable.	

As	discussed	in	Exemption	11437	(MARCUS	D.	MELHUS)	prior	relief	has	been	granted	for	

unmanned	aircraft	is	in	the	public	interest	and	under	the	authority	in	49	U.S.C.	106(f),	

40113,	and	44701,	MR.	MELHUS	was	granted	an	exemption	from	14	CFR §§ 61.23(a)	and	

(c),	61.101(e)(4)	and	(5),	61.113(a),	61.315(a),	91.7(a),	91.119(c),	91.121,	91.151(a)(1),	

91.405(a),	91.407(a)(1),	91.409(a)(1)	and	(2),	and	91.417(a)	and	(b),	to	the	extent	

necessary	to	allow	MR.	MELHUS	to	operate	a	UAS	to	perform	aerial	data	collection	up	to	

200	feet	above	ground	level.	

91.203

FAR	91.203	– requires	that	a	civil	aircraft	have	an	airworthiness	certificate	

and	registration	certificate.		Petitioner	requests	an	exemption	form	this	FAR	

because	of	the	reasons	stated	in	petitioner’s	request	for	an	exemption	under	14	CFR	

Part	21,	Subpart	H.

91.207

FAR	91.207	– prohibits	operation	of	a	US	– registered	aircraft	unless	it	is	

equipped	with	an	emergency	locater	transmitter.		Given	the	limited	distance	of	

flights	with	the	subject	UAS,	and	the	fact	that	it	will	be	flown	with	direct	line	of	sight	

visibility,	petitioner	requests	an	exemption	from	this	FAR.

Part	91,	Subpart	E

Subpart	E	requires	that	owners	or	operators	of	aircraft	have	the	aircraft	

inspected	at	certain	intervals	and	by	certain	mechanics.		Petitioner	requests	and	

exemption	from	this	Subpart	because	the	subject	UAS	maintenance	and	troubleshooting	program	is	best	executed	by	the	owner/operator	and	is	different	than	

manned	aircraft.

91.405(a);	91.407(a)(1);	91.409	(a)(1)	&	(2);	91.417(a)	&	(b)	

As	discussed	in	Exemption	11138	(DOUGLAS	TRUDEAU),	The	petitioner	

proposes	to	inspect	and	ensure	that	the	UAS	is	in	a	condition	for	safe	flight	in	

accordance	with	the	operating	documents.	The	FAA	found	that	adherence	to	the	

petitioner’s	operating	documents	and	the	conditions	and	limitations	specified,	

describing	the	requirements	for	maintenance,	inspection,
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and	record	keeping,	were	sufficient	to	ensure	that	safety	would	not	be	adversely	

affected.	

The	UAS	that	is	subject	of	this	Petition:

1. DJI	Phantom	3	Standard

The	DJI	Phantom	3	is	the	newly	released	predecessor	of	the	highly	successful	

DJI	Phantom	2	vision	plus	which	was	a	highly	successful	consumer	grade	small	

rotorcraft	in	the	quadcopter	configuration.	The	Phantom	3	has	an	advertised	weight	

of	less	than	46	Ounces	(1280g)	designed	primarily	to	carry	aloft	a	high	definition	

camera.	It	has	an	advertised	maximum	speed	of	less	than	31	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	distance	between	motors	of	less	than	14	inches	(350mm).	

It	utilizes	an	internal	inertial	measuring	unit	(IMU)	with	integrated	

barometric	sensor	augmented	with	global	positioning	system	(GPS/GLONASS)	to	

maintain	its	geospatial	orientation	and	position.	It	is	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.	It	has	failsafe	modes	of	operation	for	either	loss	

of	RC	or	GPS	signal.	Altitude	can	be	limited	by	the	on	board	flight	controller	and	

maximum	altitude	can	be	preprogrammed	by	the	PIC.	Battery	life	limits	flight	times	

to	approximately	23	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.	It	is	anticipated	that	flights	will	usually	last	less	

than	18 minutes.	

Risk	Mitigation

The	petitioner has	reviewed	FAA	exemptions	reference’s	1-3	Conditions	and	

Limitations	section	and	believes	that	the	procedures	specified	therein	are	

reasonable	and	will	be	utilized	in	order	to	manage	and	mitigate	risk	and	ensure	

public	safety.	Pre-flight	precautions	will	be	taken	by	completing	a	pre-flight	

checklist	to	ensure	the	UAS	is	properly	functioning	and	prepared	prior	to	each	flight.		

The	battery	powered	UAS	does	not	require	fuel,	so	there	is	little	to	no	risk	for	

ignition	of	flammable	fuels	or	fire	in	the	event	of	a	malfunction	of	the	rotors	or	

accident.		The	UAS	will	always	be	operated	within	a	direct	visual	line	of	sight	of	the	

operator	of	the	aircraft	and	the	UAS	will	be	flown	in	open	areas	away	from	tall	

structures	or	persons	near	the	area	of	flight.		The	subject	UAS	is	a	small	aircraft	that	

weighs	under	5	pounds.		There	is	little	risk	related	to	damage	of	property	or	injury	

to	an	individual	in	the	event	of	an	accidental	collision	associated	with	the	subject	

UAS	for	aerial	photography	and	videography	compared	to	a	manned	aircraft.		In	the	

event	of	signal	loss	between	the	remote	controller	and	the	aircraft,	the	subject	UAS	

features	a	fail-safe	return	to	home	function	to	all	the	aircraft	to	safely	return	to	the	

home	ground	base	point.		If	the	petitioner	has	a	flight	plan	within	5	miles	of	an	
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airport	the	petitioner	will	get	the	airport	control	tower’s	permission	before	any	

flight	takes	place and	the	control	tower	will	be	provided	with	altitude,	location	and	

length	of	time	the	subject	UAS	will	be	operating.

Public Interest 

The	photo	and	video	produced	by	the	use	of	a	low-flying,	slowly	moving	UAS	

cannot	be	obtained	without	the	use	of	a	manned	aircraft	or	large	telescoping	

machinery.		The	UAS	does	not	significantly	impact	the	airspace	and	provides	a	

means	for	collecting	the	photo	and	video	without	placing	human	safety	in	danger.		

The	environmental	impacts	related	to	emissions	and	the	costs	associated	with	

obtaining	the	photo	and	video	by	use	of	a	UAS	are	also	reduced	compared	to	a	

manned	aircraft.		The	photography	and	videography	associated	with	the	use	of	the	

subject	UAS	will	provide	a	detailed	perspective	of	the	subject	which	cannot	be	safely	

or	effectively	achieved	from	ground	perspectives	or	manned	aircraft	perspectives.		

The	petitioner	will	provide	clients	with	photographic	data	for	these	purposes	on	a	

‘for	hire’	basis	acting	as	an	independent	contractor.		Clients	will	have	unique	photos	

and	videos	taken	by	the	subject	UAS	to	assist	them	with	marketing	efforts.

Conclusion

The	petitioner	is	requesting	this	exemption	for	the	purposes	of	“aerial	

photography,	videography, and	other	flight	operations”.	The	petitioner's	business	

model	is	based	on	the	idea	of	offering	ad	hoc	small	UAS	services	to	individuals	or	

companies	who	wish	to	employ	these	services	as	a	safe,	effective,	and	legal	option	to	

enhance	their	business	or	hobby.	The	petitioner	has	refrained	from	engaging	in	

commercial	use	of	the	UAS.	The	primary	purpose	of	seeking	this	exemption	is	to	

obtain	the	capability	to	offer	those	services	while	remaining	in	compliance with	FAA	

regulations.	The	petitioner	would	like	to	thank	the	FAA	for	considering	my	request.		

Please	do	not	hesitate	to	contact	us	if	there	is	a	need	for	additional	information.

Respectfully	Submitted,

Nicholas	J	Stone

Petitioner