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July 8, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Avenue

SE Washington, DC 20590

Petition of Peter Nugent DBA Dronez Aerial for Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 and the procedures contained in 14 C.F.R. Part 11.

To Whom It May Concern,

I am writing pursuant to the FAA Modernization and Reform Act of 2012 (the Reform Act) and 

the procedures contained in 14 C.F.R. Part 11, to request that I, Peter Nugent DBA Dronez 

Aerial, an owner and operator of small unmanned aircraft, be exempted from the Federal 

Aviation Regulations (FARs) listed below so that I, Peter Nugent DBA Dronez Aerial may 

operate my small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the 

Federal Aviation Administration (FAA) under the conditions and limitations set forth in this 

Petition

Peter Nugent DBA Dronez Aerial will be operated under controlled visual flight rules (VFR) at 

low altitude in airspace that is permitted in accordance with the approved Certificate of 

Authorization (COA). I respectfully submit this request for an exemption because I operate

sUASs. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform 

Act to “establish requirements for the safe operation of such aircraft systems in the national 

airspace system.”

Regulations from which the exemption is requested: 14 CFR § 45.23 (b), 14 CFR Part 21, 14 

CFR § 61.3, 14 CFR § 91.7 (a), 14 CFR § 91.9 (b) (2), 14 CFR § 91.103 (b), 14 CFR § 91.109,

14 CFR § 91.113, 14 CFR § 91.119, 14 CFR § 91.121, 14 CFR § 91.151 (a), 14 CFR § 91.203 

(a) & (b), 14 CFR § 91.205 (b), 14 CFR § 91.215, 14 CFR § 91.405 (a), 14 CFR § 407 (a) (1),

and 14 CFR § 409 (a) (2). The Appendix describes the FARs from which an exemption is 

requested and summarizes the justification for each requested exemption.

Granting the aforementioned FARs exemptions would be in the public interest because the main 

use of this sUAS would be for taking real estate photos and videos. Creatively crafting short 

videos of residential properties will give real estate businesses a competitive edge in the real 
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estate market. Showcasing properties’ unique features, views, and surrounding acreage via the 

sUAS’ unique point-of-view will help market the home to a potential buyer thus aiding in the 

selling of the property thus providing a boost in the economy.

Granting the aforementioned FARs exemptions will not adversely affect safety because during 

every real estate photography or videography capture, the homeowner nor any other persons 

other than the pilot in command (PIC) and visual observer (VO) are present on the residential 

grounds or in any areas where the sUAS is in use or flight. The sUAS is never in operation when 

there are groups of people or large sums of people or animals around.

The sUAS systems that I plan to use are the DJI Phantom Vision Plus V3.0 (Model number: 

PV331 and S/N number: PH645484053) and DJI Phantom Vision Plus V2.0 (Model number: 

PV331 and S/N number: PH645197843) that will be referenced in this document. The DJI 

Phantom Vision Plus V3.0 is my main sUAS, while my DJI Phantom Vision Plus V2.0 is my 

backup sUAS.

The safe operation to the NAS and/or persons and/or property will be kept to a minimum by 

always flying the sUAS within visual eye contact, less than 400 feet above ground level (AGL), 

never exceeding 30 miles per hour, and never directly above persons or public places. The 

orientation of flights will be such that the PIC always has a visual on the sUAS and rear mounted 

LED flight Indicator. PIC will not operate sUAS less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. Additional 

safety features on the DJI Phantom Vision Plus V3.0 and DJI Phantom Vision Plus V2.0 include, 

return to home, low voltage, enhanced failsafe along with operating in the less populated 5.8 

GHZ frequency range.

Pre-flight inspections last anywhere from 20-30 minutes. PIC checks the battery condition/level 

in both the transmitter and sUAS. The binding/link feature will not let the sUAS start if 

communication is not established. PIC checks to see if the propellers are all balanced and has a 

kit to ensure they are up to maximum safety standards. PIC checks for power-lines, antennas,

and other overhead objects before every flight. PIC also closely monitors weather and wind 

conditions as those are factors for flying. At all times PIC operate the sUAS in an unbroken 

visual line of sight (VLOS). PIC does not make flights alone; there is a VO who watches the 

sUAS from the ground from another vantage point and unbroken VLOS. PIC and VO 

communicate verbally with one another during all flights in progress. PIC also does not fly for 

more than 30 consecutive minutes without landing and changing the batteries and conducting 

necessary safety checks. Once the battery is at 25%, PIC begins return to ground procedures and 

never operates the sUAS below 20% battery. Post-flight, PIC inspects the sUAS. PIC takes

excellent care of both of sUASs, and is careful to put them back into their specially-designed 

carrying cases. PC also never flies at night, within 10 miles to the center of an airport, near a 

manned aircraft, near agricultural fields, above or around other persons, or in any other place that 

would deem it harmful to nature, property, people, or animals.

If in the future any parts of either DJI need to undergo maintenance or alterations, PIC will 

perform a functional test flight prior to conducting further flights. Functional test flights will be 
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performed with the VO, will remain at least 500 feet from other people, and will not pose a 

hazard to persons or property.

The radio frequency of the DJI Phantom Vision Plus V3.0 and DJI Phantom Vision Plus 2.0 are 

both in the 5.8 GHZ range. Maximum take-off weight less is than 5 pounds.

The PIC will be only myself and I have a minimum of 80 hours flying time with both DJI 

Phantom Vision Plus V3.0 and DJI Phantom Vision Plus V2.0 models. I test, update, and 

program all the DJI Phantom firmware on a weekly basis and perform weekly check-ups on both

sUASs.

The intended use of both the DJI Phantom Vision Plus V3.0 and DJI Phantom Vision Plus V2.0, 

and my main objective, are to supplement my existing photography business for local real estate 

agents in The Berkshires with aerial photography and videography the safest way possible. 

Other photographers are currently offering aerial photography and have a competitive edge.

Respectfully,

Peter Nugent

DBA Dronez Aerial

9 Leslie Avenue

Lanesborough, MA 01237

413.445.5723
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Appendix

FAR section Subject Justification

14 CFR § 45.23 (b) Requirement to display 

registration number on vehicle

Insufficient space on vehicle

14 CFR Part 21 Aircraft certification 

requirements and procedures

Designed for manned aircraft; 

not suitable for off-the-shelf

14 CFR § 61.3 Requirement for pilot 

certificate

Part 61 requirements designed 

for manned aircraft, not 

sUAS; petition describes 

training for sUAS operator

14 CFR § 61.195 Flight instructor limitations 

and qualifications

Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS

14 CFR § 91.9 (b) (2) Requirement for manual to be 

available in the cockpit

No one aboard to read manual

14 CFR § 91.103 (b) Requirement for crew 

members to be onboard

Unmanned vehicle

14 CFR § 91.109 Requirement for dual controls 

during flight instruction

No one aboard to operate 

controls

14 CFR § 91.113 Right-of-way rules: Except 

water operations

All flights will be operated 

within VLOS of the pilot in 

command (PIC) and visual 

observer (VO)

14 CFR § 91.119 Minimum altitudes for safe 

flight

Safety requires operation 

below these altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read 

altimeter

14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel

14 CFR § 91.203 (a) & (b) Requirement for registration No one aboard to read 
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and airworthiness certificates 

to be onboard

certificates

14 CFR § 91.205 (b) Cockpit instruments 

requirement

No one aboard to read 

instruments

14 CFR § 91.215 Transponder requirement Vehicle has insufficient useful 

load; will be operated below 

ATC radar coverage

14 CFR § 91.405 (a) Inspection requirements Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS

14 CFR § 91.407 (a) (1) Inspection approval 

requirements

Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS

14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS