July 24, 2015, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Eric L. Merrow for Exemption Pursuant to Section 333 of the

FAA Reform Act

Petitioner’s Name and Address:

Eric L. Merrow

1109 Greene Street

Marietta, OH 45750

740-516-3502

ericmerrow@hotmail.com

To whom it may concern:

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

and 14 C.F.R. Part 11, I, Eric L. Merrow, operator of Small Unmanned Aircraft Systems 

(“sUASs”) equipped to conduct aerial photography and videography, hereby applies for an

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation

of its sUASs, 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 333.1

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 

1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow

Eric L. Merrow to conduct commercial operations of sUASs meeting or exceeding all of the 

operational and safety requirements Congress has set forth in Section 333. 

I am a videographer/editor/director looking to incorporate the use of my sUASs into my future 

possible business ventures. I have been flying Radio Controlled quad copters for a year. I chose 

to learn the skill of flying safely and properly before investing in sUASs which incorporate 

professional video/photo capabilities.

I, Eric Merrow plan to use the capabilities of sUASs to offer a multitude of services, including:

- Aerial surveying of local land and possible commercial building sites for the community

- Event Photography/Videography
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- Agriculture and Livestock monitoring

- Real Estate Photography and presentation

- Aerial filmmaking and photography

- Construction site inspections and monitoring

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, 

provides a mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft 

Systems (UAS) operations in the National Airspace System (“NAS”). Section 333(a) states that 

the FAA “shall determine if certain unmanned aircraft systems may operate safely in the 

national airspace system before completion of the (comprehensive) plan and rulemaking 

required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In 

Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited

operation authorization” if several factors are met. Petitioner meets all requirements to permit 

FAA approval of commercial UAS operations.

The name and address of the applicant are:

Name: Eric L. Merrow

Address: 1109 Greene Street

Marietta, OH 45750

Phone: 740-516-3502

Email: ericmerrow@hotmail.com

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

sUASs are oftentimes seen as superior to helicopters due to the lesser cost of equipment, the 

reduction of personnel needed to operate equipment, reduced noise levels and zero emissions

into the environment. In addition to providing cost savings and having little to no impact on the 

environment, sUASs provide enhanced safety. These factors are beneficial for, and in the best 

interest of, the public. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay.
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Petitioner is requesting an exemption to enable Eric L Merrow to operate a DJI Phantom 3 

professional sUAS that is upgraded to latest version firmware, equipped with a 3 axis camera 

gimbal, which uses a UHD video camera that can capture up to 4K (4096x2160p) video and 12M 

pixel photos. This sUAS has a built-in capability to limit 1) the height it flies above the ground

and 2) the radius of the distance it flies from the operator. The DJI Phantom 3 Professional also 

has the failsafe function of the autopilot system, which means, when the communication 

between the Main Controller and the transmitter is disconnected, the outputs of all command 

sticks from controller will go to the center position. If the GPS signal is good enough, the system 

will automatically trigger Return to Home and will land safely. Please refer to Attachments, the 

DJI Phantom 3 Professional Instruction Manual, for the performance limitations and flight 

operations.

Aircraft weight is 1280 grams or 2.82 pounds with battery, which is the total gross weight.

A pre-flight inspection will always be performed by the PIC in accordance with the factory 

instruction manual, as well as redundant checks to include the Internal Measurement Unit 

(IMU) to make sure that the compass, gyro and acceleration values are within specs, positive 

GPS locks are secure, battery health in each individual LiPo cells are balanced, calibration of the 

compass and radio signals are locked in.

The sUAS will be maintained in accordance with the manufacturer’s instruction manual and 

only manufacturer's authorized replacement parts will be used.

FCC Information

The DJI Phantom 3 Professional transmitter used for controlling the sUAS complies with part 15 

of the FCC rules. Operation is subject to the following two conditions: (1) This device may not 

cause harmful interference, and (2) this device must accept any interference received, including 

interference that may cause undesired operation.

The DJI Phantom 3 Professional radio transmitter used for controlling the sUAS is wireless 

technology which has been tested and found to be compliant with the applicable regulations 

governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating the DJI Phantom 3 Professional transmitter, the PIC will maintain a separation 

distance of at least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) 

and the antenna to meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least a current State issued drivers license, plus at least 4 hours flying 

time and 15 takeoffs and landings within 30 days in the type of UAS utilized in operations. 
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The PIC will have at least 100 hours total time and at least 30 hours flying Radio Controlled 

Model Aircraft, of which, 10 hours will be flying sUASs.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include 

all preflight preparation and inspection, in flight operation, post flight requirements, and all 

procedures including but not limited to: 

 Safe in flight operations 

 Risk evaluation 

 Current weather conditions for safe flight

The Observer must have the visual acuity to observe the sUAS and be able to communicate 

clearly with the PIC. The Observers duties are:

 Warning the PIC of any impending obstacles in the flight path of the sUAS.

 Warning the PIC of any deviations in the planned flight path of the sUAS.

 Warning the PIC should any unauthorized personnel appear in the area of the planned 

flight.

The Observer will have the authority to order the PIC to terminate the flight should he feel the 

flight cannot be conducted safely.

General Operating Standards

• Eric Merrow will only operate sUAS in line of sight of a pilot and/or observer and will 

operate at sites that are a 'sufficient distance' from populated areas. Such operations will 

insure that the sUAS will "not create a hazard to users of the national airspace system or 

the public."

• Before an operation of a sUAS within 5NM of an airport with a control tower, the control 

tower will be called to gain permission to operate the sUAS. The PIC will give the position, 

altitude and the times the sUAV will be operated. The sUAS will not be operated at an 

altitude of over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot 

ceiling.

 Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators 

will be notified and the PIC will give the right of way to avoid flying in the proximity of fullscale aircraft. At no time will the sUAS be operated within the final approach course and 

the takeoff course of any runway. The sUAV will not be operated at an altitude of over

200 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 18 minutes.

• Flights will be terminated at 30% battery power reserve should that occur prior to the 18

minute limit. 
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• The sUAS will be programmed so that it will not be operated at an altitude of no more

than 200 feet AGL, and not more than 200 feet above an elevated platform from which 

filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload 

(i.e. camera, lens, and gimbals).

• The sUAS will operate at speeds of no more than 25 knots, can hover, and can

simultaneously move vertically and horizontally.

• Given the small size of the sUAV and the restricted sterile environment within which they 

will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel. The sUAS operates at lower altitudes with no people on board 

and will thereby reduce current risk levels, enhance safety and diminish the likelihood of death 

or serious bodily injury. With a small payload and maximum flight time of only 20 minutes, this 

offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

based imagery for displaying the characteristics of large, complex properties with several

buildings and large trees. The benefits of reduced cost and improved quality of presentation 

from the sUAS over manned aircraft will be valuable to and benefit many buyers and sellers of 

real property, farmers and ranchers, and local city officials to monitor our local water supply.

Additionally, I request that I be allowed to use my system(s) to benefit first responders nearby 

who might require assistance, including fire fighters, police, sheriff, etc., all while remaining 

subject to all limitations cited below:

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an airspeed

of no more than 25 knots and no further than 1600 ft, or 0.263 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the 

property owner;

(e) All required permits will be obtained from state and local government prior to operation;
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(f) Petitioner will not be operating over densely populated areas;

(g) Petitioner will not be operating over any open-air assembly of people;

(h) Petitioner will not be operating over heavily trafficked roads;

(i) Petitioner will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Eric Merrow requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the DJI Phantom 3 Professional under either 

or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following 

purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. The aircraft will not carry persons or 

property, will not carry fuel, and will only fly under strict operational requirements. Combined 

with the UAS's light weight, being constructed primarily of carbon fiber and plastic, we propose 

that the UAS will be at least as safe, if not safer, than a conventionally certificated aircraft 

performing the same mission. If an experimental airworthiness certificate is not appropriate for 

this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the 

requirement for an airworthiness certificate in general, citing the equivalent level of safety 

outlined in the previous paragraph.

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 sUAS does not have an entrance in which the word "EXPERIMENTAL" can be 
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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 (Pilot In Control), VO (Visual Observer) 

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 0.263 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 with a Class III Medical 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 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, and ready for presentation for any governing official upon request.

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

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

instruction unless that aircraft has fully functioning dual controls. Although the DJI Phantom 3 

Professional is capable of duel/linked controls, Eric Merrow will be operating with a single 

remote controller.

91.119 Minimum safe altitudes:
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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 preplanned flight path has been performed. 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.

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 200

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 18 minutes with a 20% reserve. Since the

aircraft will never fly more than 0.263 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. 

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." At a maximum gross weight of 6.47

pounds, 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 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.
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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.

Safety and Benefits of the UAS

Eric Merrow will be using the UAS in a variety of applications that generally require expensive 

full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer more efficient 

and safer benefits over the use of full-sized manned aircraft for aerial photography, advanced 

agriculture monitoring, film and still photography, real estate marketing, (see attachment 4),

and water supply monitoring. Due to drought conditions in the area over the past few years, 

this would greatly supply safer, faster, and more efficient information to our local officials who 

need this information about the lake levels and our water supply.

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew.

By granting Eric Merrow’s requested exemptions, the FAA will help drive development of safe

and successful commercial UAS operations and will advance the public knowledge base for such 

operations. Eric Merrow is committed to promoting the UAS research efforts of policymakers 

including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations 

and serving as a resource for future UAS research operations. Thus, the FAA has good cause to 

grant this Petition.

Conclusion

As pointed out in this application, the DJI Phantom 3 Professional which our company would 

use, under authorization by the US DOT-FAA, is a small, light-weight device operated within the 

line of sight of the Pilot-in-Command (PIC), less than 200 feet above the ground and outside 5 

miles from any airport, heliport, seaplane base, spaceport, or other location with aviation 

activities, unless the air traffic control authorities (ATC) have been notified and have authorized 

each flight within a radius of this distance.

The DJI Phantom 3 Professional has been proven capable for controlled flight. It is a UAS

offered for general sale on the market around the world and have often been used as Model 

Aircraft in the USA. We are certain that the studies conducted until now by the FAA, about 

Section 332, Public Law 112-95, 2014, have already provided you with the assurances on the 

airworthiness of sUAS such as ours.
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For the foregoing reasons, the exemptions requested herein should be granted and Eric 

Merrow should be permitted to conduct small UAS operations in accordance with its manuals 

and all other operating parameters deemed necessary and appropriate by the FAA.

The submission of this application and its contents is the best demonstration that indeed it is

possible to pursue the authorization process so that some SUAs may be used for legitimate

commercial activities and under reasonably safe conditions.

Signed

Eric L. Merrow

ericmerrow@hotmail.com