October 27, 2015

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey Avenue, SE

West Building Ground Floor, Room W12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and

Reform Act of 2012

I, Robert Gonsalves, of 4880 Lower Roswell Road, Suite 165-505 in Marietta, Georgia 30068, 

hereby petition the FAA for a Section 333 exemption from various sections of 49 USC of Federal 

Aviation Regulations.

I am CEO and President of UAVUS (United States Association of Unmanned Aerial 

Videographers), a non-profit membership association for aspiring unmanned aerial vehicle 

(UAV) commercial operators. The Pilot in Charge (PIC) will possess either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA 

airman medical certificate or a valid U.S. driver's license.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, I 

request certain exemptions in order to utilize a UAV for demonstration, education, and training 

purposes.

Sincerely,

Robert A. Gonsalves 

Robert Gonsalves

CEO and President

UAVUS

www.uavus.org
OVERVIEW:

I, Robert Gonsalves, of 4880 Lower Roswell Road Suite 165-505 in Marietta, Georgia 30068, 

hereby petition the FAA for an exemption from various sections of 49 USC of Federal Aviation 

Regulations. 

I am CEO and President of UAVUS (United States Association of Unmanned Aerial 

Videographers), the largest membership association in the United States for aspiring 

commercial unmanned aerial vehicle (UAV) operators. 

The Pilot in Charge (PIC) will possess either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical 

certificate or a valid U.S. driver's license.

The mission of UAVUS is to promote the responsible use of UAVs for commercial purposes and 

to enable UAV operators to make ethical and moral decisions that protect public safety and 

personal property when operating in the United States National Airspace System. Our 4,000 

members (as of October 1, 2015) follow a Code of Conduct and set of best practices that 

support our mission.

UAVUS is extremely sensitive and aware of the importance of safety and privacy, especially as it 

relates to UAVs. We believe safety is the first and overriding priority in regards to operating a 

UAV. Additionally, the PIC would not operate a UAV in a manner as to invade the privacy of 

anyone unaware of our flight intentions.

GEOGRAPHIC AREA OF OPERATION:

We are a national association that could potentially participate at demonstration and educational 

events across the U.S. We will abide by all FAA requirements to maintain a safe distance from 

airports of all size and to notify air traffic control authorities when necessary. For our purposes, 

we will not exceed 100-feet AGL.

DJI PHANTOM 3 PROFESSIONAL INFORMATION:

The UAV we are utilizing is the DJI Phantom 3 Professional. This UAV is a lightweight aircraft 

(less than three lbs. with payload) that is battery operated. This four-motor rotorcraft is in the 

form of a quadcopter that takes off and lands vertically that includes the following equipment in 

flight:
• An on-board flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high definition still 

photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to 

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site;

• A 2.4GHz on-board radio transmitter that transmits live video from the on-board camera plus 

all the flight data from the telemetry system described above.

GROUND SYSTEM:

• A Pilot in Charge (PIC) in operational control of a flight operation from beginning to end and 

who controls the UAV while in the air;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while in 

flight;

• A 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

• A radio receiver receiving live video and flight data from the on-board camera and computer 

projects it all together onto a screen for the PIC to view during flight.

PRE-FLIGHT CHECKLIST:

• If required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the area of operation for hazards - trees, utility poles and other elements that might 

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might 

adversely affect flight safety and performance.

• Examine the aircraft ⎯ looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, the PIC will hover at an altitude of approximately 10 feet to assure that the 

home return point is established.

• Exercise all controls to confirm their functionality ⎯ if one of the controls is not functioning, 

the mission will be terminated immediately.

• Operate with a Visual Observer (VO) alongside the PIC who will double-check for possible 

flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping the 

UAV within Visual Line of Sight (VLOS). The VO will also assist in any emergency 

maneuvers due to unanticipated events that require a quick landing.
SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius), as 

well as restricted and prohibited zones.

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing that 

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the DJI Phantom 3 Professional to determine its physical 

and electronic condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor function, 

etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller after analyzing 

site.

• Use audible alarms of low battery warning from the controller to bring copter back and land 

well before battery drains.

EXEMPTION REQUEST:

UAVUS respectfully requests exemption from the following regulations with which I cannot fully 

comply.

14CFR

Part 21 Airworthiness Certification

Subpart H "prescribes the procedural requirements for issuing and changing design approval, 

production approval, airworthiness certificates and airworthiness approval."

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 

21, and any associated noise certification and testing requirements of part 36, is not necessary."

Part 61 (a)(b) Parts, General Operating and Flight Rules

(a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations 

associated with various ratings.
(b) Aeronautical experience means pilot time, flight simulator or flight training device for meeting 

the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to be 

achieved by the UAV industry. The PIC’s sources of training are: the flight instruction manuals 

from the UAV manufacturer; online videos from the manufacturer as well as videos from users; 

and most importantly, personal training in a secure location - an open area not subject to traffic 

and/or uninvolved individuals.

Those training flights, which have averaged 20 minutes each, include setup, physical and 

electronic safety checks; takeoff followed by hovering at approximately 10 feet to confirm that 

the GPS system is functioning properly and has registered its Home Point; a prescribed flight 

plan to familiarize and then master the fight controls and camera; returning to the launch point 

and landing. I then conduct a post-flight inspection for any problems, log the location and flight 

time and then view the video. There are no FAA certified instructors or FAA certified study 

guides available at this time as the technology continues to develop. I respectfully request an 

exemption from this rule.

§91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, takeoff 

and landing distance information.

Response: Since a quadcopter, like a helicopter, takes off and lands vertically, a DJI Phantom 3 

Professional pilot would not need to know this information since there are no runways involved 

and the return from flight is the takeoff point. The FAA has determined that "relief is not 

necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, I respectfully request relief 

from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain 

flight tests.

Response: None of these functions are applicable to a quadcopter flight and, as stated earlier, 

there are no FAA certified instructors or FAA certified study guides available at this time for 

quadcopter operation. I respectfully request an exemption from this rule.
§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails 

anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur 

without hazard to persons or property (91.119 a).

It also sets minimum altitudes over congested areas and uncongested areas as well as has a 

paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) from any person, 

vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAV since 

these aircraft are required to fly below those altitudes. Their weight, speed and GPS-controlled 

Return to Home feature mitigates incidents that could occur from loss of signal between the 

aircraft and PIC. A manned aircraft is much heavier and larger than a DJI Phantom 3 

Professional. If a DJI Phantom 3 Professional were to malfunction, it carries no humans, no 

explosive fuel and, since it flies primarily over a single piece of private property, any damage 

would likely be minimal and confined to that area. As mentioned, the PIC will possess either an 

airline transport, commercial, private, recreational, or sport pilot certificate. These licenses will 

provide the PIC with sufficient skills to safely manage any approach under 500 feet. In addition, 

access to the property is strictly controlled (warning sign and the clearing of any person on the 

property not involved in the flight). I respectfully request an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the “cruising altitude or 

flight level of that aircraft." It requires that the "elevation of the departure airport" be set in the 

altimeter or the "current reported altimeter setting of a station along the route and within 100 

miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. The DJI 

Phantom 3 Professional is equipped with a barometric altimeter which automatically calculates 

the takeoff altitude (0 AGL) when the aircraft is warmed up ⎯ the launch point becomes the 

"elevation of the departure" point. The altitude of the UAV is visible in the control monitor by the 

PIC before launch and is consistently updated as the flight progresses. I respectfully request an 

exemption from this rule.

§91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things, 

that "no person may begin a flight in an airplane under VFR condition unless...there is enough 

fuel to fly to the first point of the intended landing and, “...fly after that for at least 40 minutes 

(day) and 45 minutes (night)".
Response: This regulation deals with 'reserve' fuel. This could include any condition that 

increases flight time or fuel consumption. Weather would be one factor including wind, 

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard the DJI Phantom 3 

Professional is not aviation gas but a DC battery with a maximum flight duration of 23 minutes.

Fuel management of an UAV requires constant monitoring of the battery's state-of-charge and 

bringing it home before it reaches the manufacturer’s recommended 30-percent level. In our 

training flights, we've found that a flight of 10-15 minutes to be safe, returning the DJI Phantom 

3 Professional to its Home Point around the 40-percent level. I respectfully request an 

exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable instruments

Response: Maintenance on the DJI Phantom 3 Professional is quite straight forward. If, in 

landing, a rotor blade or two are damaged, they are quickly replaced. The traditional instrument 

cluster in an aircraft is replaced by a data stream from the DJI Phantom 3 Professional, visible 

in the control monitor.

Replacement of minor parts are performed by the PIC and a major 'overhaul' that can’t be easily 

resolved will go back to the manufacturer for repair. Currently, there are no required inspections 

by 'authorized' maintenance personnel and there would be no space/room on board to install a 

placard of inoperability. I respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been 

performed. Again, approval of the maintenance before flight is essentially in the hands of the 

PIC.

Whatever maintenance is performed will be entered in the aircraft log, unless a separate 

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying 

passengers or crew members, if the flight characteristics have been substantially affected, 

before a rated pilot performs an operational check of the maintenance.

Again, this is a PIC's responsibility to preflight the DJI Phantom 3 Professional and determine its 

flyability. And, as mentioned earlier, there is no pilot, crew members or passengers on board the 

DJI Phantom 3 Professional. I respectfully request an exemption from this rule.
§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections or 

"progressive inspections" and approval by authorized persons which will lead to the "issuance of 

an airworthiness certificate."

Response: As stated earlier, there is no FAA approved inspection protocols nor authorized 

inspection personnel. The PIC handles those issues each time the DJI Phantom 3 Professional 

is prepared for flight.

The pre-flight check list enumerated earlier will be followed to determine its mechanical and 

electronic integrity. I respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement and condition of vital parts (rotors, engines & airframe). Certain records must be 

retained for one year while other records must be kept with the aircraft even when sold to 

another part.

Response: The details of this section would be impractical with a DJI Phantom 3 Professional, 

but repair issues can be entered into the aircraft log. I respectfully request an exemption from 

this rule.

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

Public and civil interest in small UAVs (under 55 lbs.) is growing at a rapid pace. UAVUS 

believes that user education and training is essential to protecting manned aircraft operations in 

the National Airspace System and mitigating safety risk on the ground. In addition, UAVUS flight 

demonstrations allow civic leaders to learn more about UAV capabilities, limitations, and 

integrated safety measures. 

Respectfully,

Robert A. Gonsalves 

Robert Gonsalves

CEO and President

UAVUS

www.uavus.org