Carlos Marques May 18, 2015

Marcott Studios

245 Rubber Avenue

Naugatuck CT.06770

Cell (203) 917-8912

Email: carlos@marcottstudios.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Attachments: These attachments are too large for submission via the submission portal.

They are available at this website for viewing or download. 

http://www.dji.com/product/phantom-3/download

1) Phantom 3 Professional User Manual V1.0 2015-04-29

2) Phantom 3 Professional (Quick Start Guide) 2015-04-29

3) Phantom pilot training guide V1.1 20140407

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481in

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. 11080 Regulatory Docket No. FAA20140355in

the matter of the petition of FLYING CAM INC

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 Carlos Marques, referred to 

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

Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 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, 

cinematography, videography, mapping, crop surveying, inspections 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. 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 13.

The FARs

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

reasons;

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of 

pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating under this 

exemption would be required to comply with any conditions as set forth and in a similar fashion 

to the previously granted exemptions.

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.

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) 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 25 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.

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, and recordkeeping, were 

sufficient to ensure that safety would not be adversely affected.
The UAS

The DJI Phantom 3 Professional is a highly successful consumer grade small rotorcraft in 

the quadcopter configuration with 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 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) 

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

with global positioning system (GPS) 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 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. It is anticipated that flights will usually last 

less than 15 minutes. More information is available in attachment 1 or

http://www.dji.com/product/phantom-3

Risk mitigation

The petitioner has reviewed FAA exemptions reference’s 13Conditions 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. A preflight checklist will 

be developed and employed to ensure that the UA airworthiness will be verified before launch. 

Airworthiness will be maintained by performance of routine inspections before each flight, 

maintaining flight and maintenance logs to record time on failure prone components.

The petitioner request that in a manner similar to reference 3, he be allowed to operate 

within 5 miles of an airport provided that;

“The UA may not operate in Class B, C, or D airspace without

written approval from the FAA. The UA may not operate within 5 nautical

miles of the geographic center of a non towered airport as denoted on a

current FAA published aeronautical chart unless a letter of agreement with

that airport’s management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator’s COA. The letter

of agreement with the airport management must be made available to the

Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner

is requesting a mechanism to facilitate such activities without requesting a new and separate 

exemption(s) should the need arise. Operations within class B airspace are not requested due to 

the lack of mode C transponder.
Public interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the

environmental impact as compared to similar operations conducted with manned aircraft of 

greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS in order to 

facilitate commerce could lead to economic growth. Operations for this petition will enable 

service for property owners or their designees seeking an enhanced perspective for 

characteristics, amenities, and benefits of their desired photographic subjects that cannot be 

displayed through ground level videography/photography. Aerial photography is a valuable 

marketing tool that can lead to increased commerce and enhance personal photography. Crop 

surveying applications could lead to decreased use of pesticides and fertilizer and conservation 

of water as well as increased crop yields and decreased costs. Aerial surveying and inspections 

can increase work site efficiency, improve volumetric estimations and reduce risks. The 

petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis 

acting as an independent contractor. A visual observer will be utilized. Liability insurance will be

obtained commensurate with the granting of this request for exemption. Flight data including UA 

flight time, Control Unit operation time, incident, accident, and details concerning any deviations 

from normal operations will be available to FAA for use in collecting data regarding the use of 

UAS as part of this application. This data may be submitted to FAA via traditional means, e.g. 

COA Monthly Reports, or other means as required.

Conclusion

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

cinematography, videography, mapping, crop surveying, inspections and other flight operations”. 

The reason for such a general and broad based request is that the petitioner wishes to utilize a 

business strategy of horizontal integration and maximize economies of scope in order to 

capitalize on opportunities as they may arise in the future without the long turnaround time 

associated with additional exemptions. 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’s 

own market research shows pent up demand for these services currently exists in the real estate 

market and other markets are just beginning to emerge. The petitioner being a photographer and 

videographer with 10 years’ experience operating unmanned aircraft as a hobby seeks to utilize 

the Phantom 3 Professional as a tool to expand the services currently being provided to the real 

estate market through affordable aerial capture of photos and film. 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. The petitioner has 

10 years of experience in the radio control model aircraft hobby, a valid driver’s license in the 

state of Connecticut, as well as a registered Photography/Videography company in the same 

state. 

Respectfully submitted,

Carlos Marques