Robert A. Simcox

22560 US Highway 64

Somerville, TN 38068

901-517-8348

07 December 2015

U.S. Department of Transportation, Docket Management System

1200 New Jersey Ave SE 

Washington, DC 20590

Filed with www.regulations.gov

Subject: Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations

Annex A: Exemption request and equivalent level of safety showings under applicable rules 

subject to exemption.

Annex B: 3Dr Solo and X8+ User Manuals

Enclosure 1: Operator Checklist

Dear Sir/Madam:

This petition is being submitted on my own behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), 

and 14 C.F.R. Part 11.

Aerial Analysis is applying to conduct business as a planned aerial video and photography

company operating a Small Unmanned Aircraft System (sUAS) equipped to conduct aerial 

surveying for various industries, hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace 

regulated by the Federal Aviation Administration (FAA), so long as such operations are 

conducted with and under the conditions outlined herein or as may be established by the FAA 

as required by Section 333.

Regulations from which the exemption is requested:

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23

• 14 C.F.R. 61.113(a) & (b)

• 14 C.F.R. 61.133(a)

• 14 C.F.R. 91.7(a)

• 14 C.F.R. 91.9

• 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.121

• 14 C.F.R. 91.151(a)

• 14 C.F.R. 91.203
• 14 CFR Subpart E (91.401 - 91.417)

The requested exemption would permit Robert A. Simcox, under the guise of his company, to

pursue his commercial interests in providing services to consumers interested aerial data 

capture using a small advanced sUAV in the following areas of aerial data collection (but not 

limited to):

• Real estate surveying, evaluation, and marketing

• Agricultural and geological surveying and research

• Wildlife, forestry, and rangeland research and management

Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard 

the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement 

(precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), 

or any other gathering of data by instruments aboard the UA.

I, Robert A. Simcox, state that all sUAS flights that will occur over private or controlled access

property will do so with the property owner's prior consent and knowledge and that only people 

who have consented or otherwise have agreed to be in the area where recording will take place 

will be filmed.

Any person who is the acting pilot in command (PIC) will have successfully completed and 

passed an FAA approved ground school. As well as holding the necessary certification, any 

person acting as the PIC will have spent significant time with the sUAV thoroughly inspecting 

and flying the unit in a controlled environment. The pilot in command (PIC) of the unit will also be 

required to keep a visual line of sight of the unit at all time by operating from the closest highest 

point on the landscape. Also, no flights will take place until the pre-flight checklist has been 

completed by the PIC.

1. CHARACTERISTICS OF THE AIRCRAFT

The 3Dr Solo, 3DR X8+, Tuneec Q500 4K, and Blade 350 QX2 are small and light (take-off 

weight of under 55 pounds) performs precision aerial mapping missions thanks to the onboard 

GPS and the related flight management software, including a monitor on the controller that 

receives footage from the camera in real time. This allows the operator to safely and efficiently 

plan a flight path, and monitor it in real-time. The four main characteristics of the 3Dr Solo, 3DR 

X8+, Tuneec Q500 4K, and Blade 350 QX2 are:

a. Very light weight. The 3Dr Solo, 3DR X8+, Tuneec Q500 4K, and Blade 350 QX2 are so light 

that the operator can launch it from any flat surface, let it land on almost any surface without 

requiring a parachute or landing net (belly land). Its low kinetic energy also significantly reduces 

the risk of hazardous situations.

b. Electric-powered. The 3Dr Solo, 3DR X8+, Tuneec Q500 4K, and Blade 350 QX2 are electricpowered brushless motor technology makes it silent and reliable. Due to the lack of combustible 

fuels onboard means fewer complications in the event of an emergency.

c. Semi-automatic flight. The artificial intelligence incorporated within the 3Dr Solo, 3DR X8+, 

Tuneec Q500 4K, and Blade 350 QX2 autopilot system continuously analyzes data from the 

onboard GPS and takes care of all the aspects of the flight under the supervision of the operator. 
d. Option for Manual control. Additionally, the 3Dr Solo, Tuneec Q500 4K, and Blade 350 QX2

provides an override capability that allows the operator to take manual actions during the flight

(Go to Home, Hold and Resume the mission) and also suspend automated operations and take

manual control of the aircraft should it become necessary to respond emergent circumstances, 

thanks to the remote controller provided with the system.

2. APPLICATIONS AND ADDED PUBLIC VALUE OF THE PHANTOM 3 PROFESSIONAL

The National Association of Realtors recently issued a statement requiring that any aerial 

(sUAS/UAS) photography and videography involved in real estate surveying, evaluation, and 

marketing will be conducted by those granted this exemption. The added marketing value of

using a safe, highly controllable device such as this to perform such detailed documentation is 

enormous. More companies, organizations, and government entities are recognizing the need to 

contract licensed professionals and reduce liability, where safety is the foremost consideration in 

all aspects of flight operations.

Research findings are being expedited by, and therefore supporting the added benefit of using a 

sUAS in wildlife, forestry, and rangeland research and management. The use of these machines 

allows professionals in the previously mentioned field to receive and understand situations 

better, faster, and cheaper than traditional methods.

Wildlife: Biologists in the wildlife field are finding that the use of sUAS units allow them to gain 

better understanding of population dynamics, habitat assessments, individual species fitness, 

individual nest status and much more. Traditional methods such as many hours on foot in the 

field or through aerial surveys with chartered airplanes, have been found to be costly, time 

consuming, and at times dangerous to the event of a plane crash. Since there are no persons on 

board the sUAS at any given time, there is little risk to loss of life while still being able to cover 

the necessary area in an efficient manner.

Forestry: The use of sUAS to assist with forestry management practices allows the user to better 

understand the fitness and density of the forest tract in question. Forest managers are able to 

use sUAS units to get a better and fast idea of the density of the forest tract to aide in better 

thinning practices. In turn, the fitness level of the forest will be higher which has many more 

additional benefits to the wildlife and recreational users in the area.

Rangeland: Rangeland professionals have found that use of sUAS units have the added benefit 

giving them a better idea of the vegetation species in the area and how to approach safe and 

efficient management approaches. The sUAS units also assist with increased grazing practices; 

which can be detrimental to the tract of land and cattle in question.

OPERATING CONDITIONS

Grant of the exemption to Aerial Analysis for the 3Dr Solo, 3DR X8+, Tuneec Q500 4K, and 

Blade 350 QX2, who will be subject to the following operating conditions, based on the operating 

conditions set forth by the User Manuals (see Annex B), and the factors the FAA is to consider 

under section 333. The main restrictions are summarized below:
• Operations to be conducted over private, controlled-access, or public property where

approved;

• Permission from the land owner/authority required before commencing any flight;

• Operations over congested areas shall be avoided;

• Operations must not interfere with manned aircraft operations, must yield the right of way to

manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times;

Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours;

• Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually

monitored at all times;

• VLOS guaranteed with a GPS geo-fence around operator of 0.5 miles and a flight ceiling preprogrammed at 400 feet AGL;

• All operations conducted within 5 miles from an airport shall only be initiated after verbal

coordination with the airport authority, or air traffic control when a control tower is present at the

airport;

• All operations shall comply with required permissions and permits established by territorial,

state, county or city jurisdictions; including local law enforcement, fire, or other appropriate

governmental agencies;

• The 3Dr Solo, Tuneec Q500 4K, and Blade 350 QX2 operations will be compliant with existing

safety procedures inherent to the activities of the related company.

• Due to the geographic locations of work type, most surveying will be completed in areas away

from airports and/or highly populated areas.

CONCLUSION

We respectfully request exemption under Section 333 to enable Aerial Analysis to operate

efficient, limited, low-risk commercial sUAV operations for the activities stated, respecting at all 

times the space and privacy of citizens and property whilst keeping our skies safe.

Sincerely,

Robert A. Simcox

22560 US Highway 64

Somerville, TN 38068

901-517-8348
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

333 Drones dba Air Imaging requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the DJI Phantom 3 

Professional:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a). Given the size of the DJI Phantom 3 

Professional, it is small (59cm diagonally including propellers) lightweight (under 55 pounds) 

and the limited operating area associated with its utilization, it is unnecessary to go through the 

certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed 

current safety levels. Such an exemption meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. An analysis of these different 

criteria demonstrates that the DJI Phantom 3 Professional operated without an airworthiness 

certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, 

than a conventional aircraft with an airworthiness certificate.

14 CFR § 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on 

the top of the aircraft, as shown above , where the PIC, VO and others in the vicinity of the 

aircraft while it is preparing for launch will be able to see the designation . Additionally, we feel 

that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a high 

contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 

inches high or greater. Since the aircraft will operate within 1 NM of the ground station, the 

banner should be visible to anyone that observes the aircraft and chooses to investigate its 

point of origin.

14 CFR § 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. Our proposed operations require that the PIC 

must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot 
carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even 

though the intent of this application is to conduct a business.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations.

The regulation provides that no person may serve as a required pilot flight crew member of a 

civil aircraft of the United States, unless that person: (1) Has a pilot certificate or special 

purpose pilot authorization issued under this part in that person's physical possession or readily 

accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. 

However, when the aircraft is operated within a foreign country, a pilot license issued by that 

country may be used. The regulation provides also that no person that holds a private pilot 

certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) 

allows a private pilot to act as pilot in command of an aircraft in connection with any business or 

employment if:

(1) The flight is only incidental to that business or employment;

(2) The aircraft does not carry passengers or property for compensation or hire. Given the 

safety features of the DJI Phantom 3 Professional, and the fact that the missions are monitored 

in real-time, I, Adam McCarthy, propose that operators of the DJI Phantom 3 Professional

should not be required to hold a commercial or private pilot certification. Instead, operators 

should be required to have successfully completed and passed an FAA approved ground school 

(minimum) and hold the appropriate class level of airman medical certificate.

14 CFR § 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 CFR § 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for, flight.

14 CFR § 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS System groundbased control station consists of a small hand-held radio transmitter and while it does not offer a 

second set of "controls", the DJI Phantom 3 Professional does offer a “Smart” flying mode that 

consists of a geo fence. This geo fence prevents the sUAV from traveling no further than 1/2 

mile away from the operator. The DJI Phantom 3 Professional has a “return to home” feature 

that automatically flies and lands itself back to the original take off point. It also features a 

“failsafe return” feature, where if communications are lost with the controller, the DJI Phantom 3 

Professional will automatically return to its point-of-origin and safely land. Any new PIC, which 

has completed an FAA approved ground school and holds the proper class level airman medical 
certificate, will fly in “smart” mode in a controlled environment until deemed safe to operate the 

unit on his/her own.

14 CFR § 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS 

would be photography or survey of persons, vessels, vehicles or structures it would be 

necessary to operate closer than 500 feet to the items listed. Operations will only be flown over 

property or persons where permission has been obtained and careful pre-planning has been 

conducted. The aircraft will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. Therefore we 

maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is 

minimal compared to manned aircraft, which should be considered in granting the exemption.

14 CFR § 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and 

will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An 

Above Ground Level altimeter measurement above the takeoff point is transmitted via radio 

from the sUAS on-board computer to the display screen held by the PIC, providing a constantly 

updated AGL readout.

14 CFR § 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum 

duration of flight from a single battery charge is 23 minutes. Since the aircraft will never be flown 

more than 1.2 NM from the point of intended landing, a full battery charge at launch will ensure 

that we meet the reserve energy requirement of this paragraph. Further, a “bingo” calculation 

will be conducted and monitored to ensure the sUAS can safely return to its point-of-origin 

without undue risk exposure. We request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word “energy".

14 CFR § 91.203 (a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." Without a storage compartment, and 

weighing 1280g (including battery and propellers), the sUAS is too small to carry 

documentation, does not have an entrance, and is not capable of carrying passengers or crew. 

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that 

documents deemed appropriate for this aircraft by the FAA will be co-located with the crew at 

the ground control station and available for inspection upon request. In order to identify the 

aircraft, we propose that the information found on airworthiness and registration certificates be 

permanently affixed to the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR § 45.23.

14 CFR Subpart E (§ 91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations.
The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service". The 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition 

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC 

is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity 

of the aircraft, the PIC can ensure an equivalent level of safety.

ANNEX B: DJI PHANTOM 3 PROFESSIONAL USER MANUAL. http://download.djiinnovations.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual_v1.2_en.pdf

ANNEX C: DJI PHANTOM 3 PROFESSIONAL AIRCRAFT SPECIFICATIONS. http://

www.dji.com/product/phantom-3/spec