300 North "D" Street, San Bernardino, California 92418 P.O. Box 710, 92402 Phone: (909) 384-5141

FACSIMILE NUMBERS: Administration: (909) 384-5215 Engineering: (909) 384-5532 Customer Service: (909) 384-7211

Corporate Yards: (909) 384-5260 Water Reclamation Plant: (909) 384-5258

CITY OF SAN BERNARDINO

MUNICIPAL WATER DEPARTMENT

BOARD OF WATER COMMISSIONERS

TONI CALLICOTT

President

Commissioners

JUDITH VALLES 

LOUIS A. FERNANDEZ

WAYNE HENDRIX

DAVID E. MLYNARSKI

 

STACEY R. ALDSTADT

General Manager

ROBIN L. OHAMA

Deputy General Manager

MIGUEL GUERRERO, P.E.

Director of Water Utility

JOHN A. CLAUS

Director of Water Reclamation

JENNIFER SHEPARDSON

Director of Environmental & 

Regulatory Compliance

TERRI WILLOUGHBY

Director of Finance

“Trusted, Quality Service since 1905”

Kevin Stewart

Construction Project Manager WRP 

City of San Bernardino Municipal Water Department

399 Chandler Pl.,

San Bernardino, CA 92408-2014

February 29, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Petition for Exemption Pursuant to Part 333 of the FAA Reform Act

To whom it may concern:

Petitioner, City of San Bernardino Municipal Water Department, pursuant to Part 333 of the Federal Aviation Administration 

(FAA) Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11 , hereby petitions to commercially operate the DJI 

Phantom 3 Professional unmanned aircraft system (UAS) in the National Airspace System (NAS), and for exemption from the 

following requirements:

• 14 C.F.R. Part 21 Subpart H

• 14 C.F.R. §45.23(b),

• 14 C.F.R. §61.113(a) & (b),

• 14 C.F.R. §91.7(a),

• 14 C.F.R. §91.9(b)(2)

• 14 C.F.R. §91.119

• 14 C.F.R. §91.121,

• 14 C.F.R. §91.151,

• 14 C.F.R. §91.203(a) & (b)

• 14 C.F.R. §91.405(a),

• 14 C.F.R. §91.407(a)(1),

• 14 C.F.R. §91.409(a)(1) & (a)(2),

• 14 C.F.R. §91.417(a) & (b)
Kevin Stewart

February 29, 2016

Page 2

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The Secretary of Transportation, under Section 333 of the FMRA, is tasked with determining if UAS may operate safely in the 

NAS. The Secretary of Transportation must assess which aircraft systems do not create a hazard to users of the NAS, the public, 

or pose a threat to national security based on the following criteria:

• The UAS’s size, weight, speed, and operational capability.

• Operation of the UAS within close proximity to airports and populated areas.

• Operation of the UAS within visual line of sight of the operator.

The Secretary of Transportation must also determine whether a certificate of waiver, certificate of authorization, or airworthiness 

certification is required to operate the UAS. Based on these minimum requirements, if the Secretary determines that the UAS may 

operate safely in the NAS, the Secretary shall establish requirements for the safe operation of the UAS within the NAS.
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February 29, 2016

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For your convenience, the petition is organized as follows:

I. Petitioner’s Name and Address, and point of contact 4

II. Requested Exemptions and Equivalent Level of Safety 4

A. 14 C.F.R. Part 21 Subpart H-Airworthiness Certificates and 14 C.F.R. §91.203(a) & (b) 4

B. 14 C.F.R. §45.23(b): Displaying of Marks 4

C. 14 C.F.R. §61.113(a) & (b): Private Pilot Privileges and Limitations- Pilot in Command 5

D. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness 5

E. 14 C.F.R. §91.9(b)(2): Civil Aircraft Flight Manual in Aircraft 5

F. 14 C.F.R. §91.119: Minimum Safe Altitudes- General 6

G. 14 C.F.R. §91.121: Altimeter Settings 6

H. 14 C.F.R. §91.151: Fuel Requirements for Flight in VFR Conditions 6

I. 14 C.F.R. §91.405(a), §91.407(a)(1), §91.409(a)(1) & (a)(2), and §91.417(a) & (b): Maintenance and Inspection 

Requirements 7

III. Requested Exemptions are in the Public Interest 7 

A. The Public Will Benefit from Decreased Congestion of the NAS 7

B. The Public Will Benefit from the Safety and Efficiency of the DJI Phantom 3 Professional 7

C. Performing Aerial Operations with the DJI Phantom 3 Professional will Benefit the Economy 8

D. There are no Privacy Issues 8

IV. Proposed Operations 8

A. Operational Limitations and Conditions 9

V. UAS Specifications 9

Appendix A: Acronyms and Abbreviations 10
Kevin Stewart

February 29, 2016

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I. Petitioner’s Name and Address, and point of contact

Kevin Stewart

Construction Project Manager WRP 

City of San Bernardino Municipal Water Department

399 Chandler Pl.,

San Bernardino, CA 92408-2014

Office: (909) 454-5651 or (909) 384-5108

Email: KEVIN.STEWART@sbmwd.org

II. Requested Exemptions and Equivalent Level of Safety

A. 14 C.F.R. Part 21 Subpart H-Airworthiness Certificates and 14 C.F.R. §91.203(a) & (b)

The City of San Bernardino Municipal Water Department seeks exemption from 14 C.F.R. Part 21 Subpart H, which 

prescribes procedural requirements for the issuance of airworthiness certificates that are required under 14 C.F.R. §91.203(a) & 

(b). Given the size of the UAS to be operated by the Petitioner and the limited area for which the UAS will be utilized, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Part 333 of the 

Reform Act. The FAA is authorized, through both the Federal Aviation Act and Part 333 of the Reform Act, to exempt aircraft 

from the requirement of an airworthiness certificate based upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the 

Petitioner’s UAS operated without an airworthiness certificate, in the restricted environment and under conditions proposed, will 

be at least as safe as, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed .

Equivalent Level of Safety

The UAS to be operated by the City of San Bernardino Municipal Water Department, the DJI Phantom 3 Professional,

weighs 2.83 lbs., carries neither a pilot nor passenger, carries no explosive or flammable materials or liquid fuels, and operates 

exclusively within a restricted environment. Unlike other civil aircraft, the proposed operations will be controlled and monitored 

by the Pilot in Command (PIC), as well as being monitored by a visual flight observer (VFO). The UAS mentioned within the 

terms of this document poses no credible threat to national security due to the size (less than 50 lbs.), speed of operation, and 

inability to carry a substantial external load. For the above mentioned reasons, operating the proposed UAS will offer at least an 

equivalent level of safety, if not, a greater level of safety, to traditional aircraft operating with an airworthiness certificate.

B. 14 C.F.R. §45.23(b): Displaying of Marks

The City of San Bernardino Municipal Water Department seeks exemption from 14 C.F.R. §45.23(b). As stated under this 

regulation, when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted 

or light-sport category aircraft, or experimental or provisionally certified aircraft, the Petitioner must also display on the aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

“limited,” “restricted,” “light sport,” “experimental,” or “provisional,” as applicable. Being a UAS, all operations are unmanned, 

and there is an absence of a cabin, cockpit, or pilot station which can be marked. The UAS is also very small in size, providing a 

very limited amount of space for which markings can be placed. This makes it very difficult to place lettering sized to 2 inches 

anywhere on the proposed aircraft. For this reason, the Petitioner requests exemption from the markings and identification 

requirements laid forth under 14 C.F.R. §45.23.

Equivalent Level of Safety

The City of San Bernardino Municipal Water Department will maintain an equivalent level of safety to the markings and 

identification requirements for which exemption has been requested by marking the fuselage of the UAS as required by 14 C.F.R. 

§45.29(f). The UAS will be marked with the largest Roman capital letter “N”, that is feasible, on the fuselage. The marking will 
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February 29, 2016

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ensure that the UAS can be identified by the PIC, VFO, and any other personnel working with it. The FAA has previously issued 

the following exemptions to the aircraft marking requirements of 14 C.F.R. §45.23(b): Exemption No. 10167 and 10700.

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

The City of San Bernardino Municipal Water Department seeks exemption from the requirements of 14 C.F.R. §61.113(a) & 

(b), regarding private pilot privileges and limitations assigned to the PIC. The requirements for Part 61.113(a) state that persons

holding a private pilot certificate may not act as a PIC of any aircraft carrying passengers or property for compensation or hire; 

nor may that person, for compensation or hire, act as PIC of an aircraft. The requirements for Part 61.113(b) state that a private 

pilot, for compensation or hire, can act as PIC of an aircraft in connection with any business or employment if the flight is only 

incidental to that business or employment and the aircraft does not carry passengers or property for compensation or hire. The 

City of San Bernardino Municipal Water Department requests relief from these requirements to the extent that a PIC holding a 

private, recreational, or sport pilot certificate, along with a current FAA airman certificate or valid U.S. driver’s license, be 

allowed to act as a PIC for the DJI Phantom 3 Professional. Since the limited size and payload capabilities of the UAS to be 

operated prevent it from carrying any passengers or property, we feel that we meet the intent of Part 61.113(b). The PIC will be 

operating the UAS with the objective of completing tasks accompanying the City of San Bernardino Municipal Water Department 

operations. 

Equivalent Level of Safety

The City of San Bernardino Municipal Water Department will maintain an equivalent level of safety to Part 61.113(a) and 

(b), PIC limitations for private pilots operating aircraft for compensation or hire, for which exemption has been requested. An 

equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional unless the 

PIC has met or exceeded the requirements to operate the UAS set by the manufacturer, and demonstrated the ability to safely 

operate the UAS in a manner consistent with this exemption. The Petitioner submits that the limitations set forth herein will 

ensure the safety of the NAS, and the safety of persons and property on the ground. All flights conducted by the PIC will be 

incidental to the City of San Bernardino Municipal Water Department’s operations and will not carry passengers or property for 

compensation or hire.

D. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness

The City of San Bernardino Municipal Water Department seeks exemption from the requirement of Part 91.7(a), which 

requires that a civil aircraft only be operated if in airworthy condition. Should this exemption be granted, there will be no

airworthiness certificate issued for the UAS because of relief requested from 14 C.F.R. Part 21 Subpart H. 

Equivalent Level of Safety

The City of San Bernardino Municipal Water Department will ensure that the DJI Phantom 3 Professional is in airworthy 

condition based upon its compliance with the DJI Phantom 3 Professional instruction manual and pre-flight safety checklist prior 

to every flight, providing an equivalent level of safety. The FAA has previously issued the following exemptions to the civil

aircraft airworthiness requirements of 14 C.F.R. §91.7(a): Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 32827, 10700.

E. 14 C.F.R. §91.9(b)(2): Civil Aircraft Flight Manual in Aircraft

The City of San Bernardino Municipal Water Department seeks exemption from Part 91.9(b)(2), which states no person may 

operate a U.S. registered civil aircraft for which an Airplane or Rotorcraft Flight Manual is not required by Part 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. Given the size and load capacity of the DJI Phantom 3 Professional, 

the UAS is unable to carry the above specified manual or materials onboard. 
Kevin Stewart

February 29, 2016

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Equivalent Level of Safety

The City of San Bernardino Municipal Water Department will ensure that the DJI Phantom 3 Professional flight manual be 

located with the PIC and VFO at the point of operation on the ground. The PIC and VFO will have immediate access to the flight 

manual anytime the aircraft is being operated or handled. Maintaining the UAS flight manual on the ground, and having it 

accessible to the PIC and VFO anytime during operations or handling of the UAS, will meet an equivalent level of safety to the 

requirement set forth in Part 91.9(b)(2).

F. 14 C.F.R. §91.119: Minimum Safe Altitudes- General

The City of San Bernardino Municipal Water Department seeks exemption from Part 91.119, which states that an aircraft 

may not be operated: below an altitude of 500 feet above the surface, or within 500 feet to any person, vessel, vehicle, or 

structure. Given the nature of the operations (specified under Proposed Operations section), operations will be carried out below 

500 feet, and within 500 feet of any person, vessel, vehicle, or structure. In order for the Petitioner to properly utilize the UAS for

the specified operations, it will be necessary to operate within these minimum safe altitude parameters.

Equivalent Level of Safety 

Unlike conventional aircraft and rotorcraft operating within the minimum safe altitude parameters detailed in Part 91.119, the 

proposed UAS operations present a far lower level of risk when operated within the minimum altitude parameters. The equivalent 

level of safety is achieved given the size, weight, and speed of the DJI Phantom 3 Professional. The UAS will only be operated 

over property or persons where consent has been obtained prior to UAS operations. Flight paths will also have been predetermined prior to operations, to ensure no property or persons are flown over that do not warrant such action. The City of San 

Bernardino Municipal Water Department maintains that due to the small size, speed, and weight of the UAS, along with the 

minimal hazards presented to persons and property within the area of operation, an equivalent level of safety is achieved. 

G. 14 C.F.R. §91.121: Altimeter Settings

The City of San Bernardino Municipal Water Department seeks exemption from Part 91.121, which requires a person 

operating an aircraft to maintain a cruising altitude or flight level by reference to an altimeter that is set to a station along route 

and within 100 nautical miles of the aircraft. An exemption is requested because the UAS will not have a typical barometric 

altimeter onboard, but rather a GPS altitude readout. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved by following the procedures set forth in the DJI Phantom 3 Professional

operations manual for monitoring the altitude of the UAS via the GPS altimeter readout. The altitude at ground level will be 

confirmed by the PIC prior to operation to ensure the readout is properly functioning, and the altitude will be monitored 

constantly by the PIC, on the UAS remote controller display, to ensure that a safe altitude is maintained. 

H. 14 C.F.R. §91.151: Fuel Requirements for Flight in VFR Conditions

The City of San Bernardino Municipal Water Department seeks exemption from Part 91.51, which establishes fuel 

requirements for airplanes and rotorcraft that require 30 minute and 20 minute fuel reserves, respectively, beyond the extent of the 

first point of intended landing. Relief is sought from this requirement because the maximum flight time for the DJI Phantom 3 

Professional is only 23 minutes. Without an exemption from Part 91.51, UAS operations could not be conducted because of the 

minimum fuel requirements. 

Equivalent Level of Safety

The City of San Bernardino Municipal Water Department will only operate the DJI Phantom 3 Professional during daylight 

hours in visual meteorological conditions and under visual flight rules. All flights will be planned and terminated with no less 
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February 29, 2016

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than 25% reserve battery power still available. The DJI Phantom 3 Professional is equipped with an intelligent battery that 

calculates the current distance from the PIC and the amount of power needed to return to the landing area. This will allow the PIC 

to accurately monitor the amount of battery power needed for a safe landing at the first point of intended landing with 25% 

reserve battery power remaining. In doing so, the Petitioner will maintain an equivalent level of safety to the fuel requirements 

defined in Part 91.51.

I. 14 C.F.R. §91.405(a), §91.407(a)(1), §91.409(a)(1) & (a)(2), and §91.417(a) & (b): Maintenance and Inspection 

Requirements

The City of San Bernardino Municipal Water Department seeks exemption from Parts 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b), which specify the maintenance and inspection standards that are established under Title 14 Part 

43. These requirements only apply to aircraft with an airworthiness certificate, which if this exemption is approved, will not be 

applicable to the Petitioner’s operation of the DJI Phantom 3 Professional. Given the UAS will not have an airworthiness 

certificate, an exemption will be needed from the above stated regulations in order to operate the UAS.

Equivalent Level of Safety

The City of San Bernardino Municipal Water Department will maintain an equivalent level of safety through performance of

maintenance and inspections of the UAS in accordance with the requirements listed in the DJI Phantom 3 Professional manual 

under the Product Care Section. Experienced personnel responsible for maintaining and inspecting the UAS will document all 

maintenance performed in a maintenance log. The PIC will check that the UAS is in proper working order prior to each planned 

flight to ensure the UAS is airworthy. The City of San Bernardino Municipal Water Department maintains that for these reasons 

an equivalent level of safety will be achieved.

The PIC operating the DJI Phantom 3 Professional will meet the flight review requirements detailed in 14 C.F.R. §61.56.

The PIC will hold either a valid private, recreational, or sport pilot certificate, along with a current FAA airman certificate or 

valid U.S. driver’s license.

III. Requested Exemptions are in the Public Interest

Granting the City of San Bernardino Municipal Water Department’s petition for exemption will further the public interest 

by allowing the Petitioner to safely, efficiently, and economically perform aerial video and photographic inspections of Water 

Department facilities and related projects. The Department operates facilities that require frequent, detailed inspection or design 

for infrastructure construction, maintenance, modification, upgrade, or demolition. A limited list of exemplary structures include: 

domed water and wastewater clarifiers, large structures with limited or no roof access, water and wastewater tanks and vessels, 

remote facilities with limited crane access, and large ponds / basins / reservoirs. In an effort to decrease operating costs related to 

setup, performance, and takedown of conventional inspection methods, including adherence to all OSHA-required safety 

protocols, the Department seeks to use the DJI Phantom 3 Professional to perform these inspections. This increased operational 

efficiency is a direct benefit to the utility ratepayers in terms of extent and frequency of infrastructure inspection. Further, 

performance of the other operations specified in this document will reduce the overall cost of subcontracting these tasks to 

outside suppliers. This reduction in cost by direct performance of function also directly benefits the utility ratepayers. 

A. The Public Will Benefit from Decreased Congestion of the NAS

The DJI Phantom 3 Professional UAS offers a safe, efficient, and economical alternative to the manned aircraft traditionally 

used to obtain aerial imagery. Using the UAS in place of a manned aircraft will decrease the number of manned aircraft in the

NAS. This will increase the safety of life and property in the air and on the ground. Given that a UAS does not need an airport to 

takeoff or land means that the number of aircraft handled by traffic control during ground, takeoff, departure, arrival, and landing 

phases of flight operations will be reduced because the UAS will replace traditional aircraft normally used for operations 

described in this document. 

B. The Public Will Benefit from the Safety and Efficiency of the DJI Phantom 3 Professional
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The DJI Phantom 3 Professional UAS offers safety and efficiency advantages to the public when compared to traditional 

aircraft used for aerial video, still photography, and inspections. Traditional aircraft carry highly flammable fuel, have a much 

larger gross weight, and operate at high speeds. The DJI Phantom 3 Professional UAS is powered by a small battery, only weighs 

2.83 lbs., and operates at low speeds. Given the lighter weight, slower velocity, and lower volatility of the UAS, there is a lower 

risk inherent to UAS operations. Use of the UAS in lieu of traditional aircraft, with its concomitant potential for collateral damage 

to life and property, decreases or nearly eliminates potential safety hazards to the public. 

The DJI Phantom 3 Professional UAS offers an efficiency advantage over traditional aircraft. Traditional aircraft use internal 

combustion engines powered by petroleum-based aviation fuel, producing both noise and air pollution and increasing the direct 

use of limited fossil-fuel resources. The DJI Phantom 3 Professional UAS is battery powered and produces very little noise and 

air pollution. The UAS fuel source contributes to noise and air pollution and use of fossil-fuel resources only to the extent that the 

negligible increase in electrical demand causes on the regulated local power purveyor. The public will benefit from the reduced 

noise and air pollution that are accompanied by the use of the UAS over traditional aircraft for the purposes described in this 

document.

C. Performing Aerial Operations with the DJI Phantom 3 Professional will Benefit the Economy

The DJI Phantom 3 Professional UAS offers an economic benefit to the public because of the cost savings it offers over 

conventional aircraft. The City of San Bernardino Municipal Water Department is a publicly owned treatment works, meaning 

that any expenses incurred by the Department are directly extended to the ratepayers (the public). Operating the UAS instead of a 

traditional aircraft will allow the Department to provide the highest quality of service at the most cost effective price. The UAS 

will allow the Department to monitor and inspect critical infrastructures that are essential to the services provided by the City of 

San Bernardino Municipal Water Department at a reasonable cost. 

D. There are no Privacy Issues

DJI Phantom 3 Professional UAS operations conducted by the City of San Bernardino Municipal Water Department will not 

compromise any privacy issues. The UAS will only be operated within the boundaries of Department facilities. If the UAS is to 

be operated over properties not owned by the department, written and/or verbal consent of the property owner will be obtained 

prior to any operations. All UAS operations will be conducted in compliance with all local laws, Federal Aviation Regulations, 

and the DJI Phantom 3 Professional operating manual.

IV. Proposed Operations

The City of San Bernardino Municipal Water Department proposes to use the DJI Phantom 3 Professional UAS for the 

following:

• Inspections of Department-owned potable and non-potable water treatment systems and facilities.

• Inspections of industrial discharge sources monitored by the Department for water quality purposes.

• Investigative surveillance to determine sources of illegal discharges to the City of San Bernardino Municipal Water 

Department Water Reclamation Plant.

• Aerial surveying of Department projects.

• Acquisition of aerial videos and photographs of Department-owned infrastructure and activities.

• Aerial photography and videography for the creation of Department public relations materials.

• Provide assistance with site security of Department facilities when necessary.

• Acquisition of aerial videos and photographs of Department-related incidents/accidents for investigative purposes.

• Aerial audits to ensure Department compliance with safety regulations.

Kevin Stewart

February 29, 2016

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Appendix A: Acronyms and Abbreviations

C.F.R.: Code of Federal Regulations

FAA: Federal Aviation Administration

FMRA: FAA Modernization and Reform Act

FSDO: Flight Standards District Offices

GPS: Global Positioning System

NAS: National Airspace System

PIC: Pilot in Command

UAS: Unmanned Aircraft Systems