Petition for exemption section 333

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Robert J. Ardy

521 N Mercado

Dewey AZ 86327

951-567-4290

Robardy@gmail.com

FAA 3593042CFI

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 CFR 61.113 (a) & (b) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 

C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 

417 (a) & (b) 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, “Robert Ardy”., operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to 

conduct aerial photography and videography for infrastructure inspection to include, power line, 

pipeline right of way, towered antennas, as well as developed and undeveloped land and private and 

commercial real estate, 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 

I would like to operate a DJI Phantom 3 Professional and a DJI Inspire 1, for aerial survey of lands 

both developed and undeveloped as well as for real estate photography/videography as well as 

infrastructure inspections. 

I am a commercially rated helicopter pilot and flight instructor currently working in the utility industry 

flying a Bell 206B3 for pipeline inspections. I have over 1300 hours total time with roughly 300 hours 

of pipeline inspection. I have also piloted helicopters for commercial filming events and understand 

that unmanned systems are a great asset to aerial photography. I would like to be on the forefront of the 

this evolution as this market takes place in aviation. I see tremendous value in seeking this exemption 

and involving the FAA with my decision to embrace this technology. 

As a certificated helicopter pilot, I will use the same level of care and caution in operating an sUAS, as 

I do in a manned helicopter. I will ensure all manufacture recommended maintenance is preformed to 

include replacing worn parts and pieces that fall out of allowable tolerances. I will also ensure a proper 

pre flight inspection is conducted to include overall airworthiness of the sUAS, adequate atmospheric 

conditons exist, and the area of operation has been familiarized. It is my intention to treat sUAS 

operations no different than manned helicopter operations, from a safety stand point. 
Best Regards,

Robert J. Ardy

3593042CFI

Regulations from which the exemption is requested: 14 CFR 61.113 (a) & (b) 14 CFR 91.9 (b) (2) 14 

C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 

(a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) 

sUASs operated by “Robert Ardy” weigh less than 10 pounds, including the payload (i.e. camera, lens, 

and gimbal). They operate at speeds of no more than 35 knots, can hover, and can simultaneously move 

vertically and horizontally. SUAS will only operate in line of sight and will operate at or below 

400AGL. Such operations will insure that the sUAS will “not create a hazard to users of the national 

airspace system or the public.” 

Limitations and Conditions

 The sUASs will weigh less than 10 pounds.

 Flights will be operated within line of sight of a pilot and/or observer. 

 Maximum flight time for each operational flight will be no more than 20 minutes. 

Flights will be terminated at no less than 30% battery power reserve should that occur 

prior to the 20 minute limit. 

 Flights will be operated at an altitude below 400 feet AGL.

 Minimum crew for each operation will consist of the sUAS Pilot and the Visual 

Observer. 

 The sUAS will only operate within a confined secure area with permission.

 A briefing will be conducted for planned sUAS operations prior to each day’s flight. All 

personnel performing duties within the boundaries of the safety perimeter are required to 

attend. 

 The operator will obtain consent of all persons involved in the filming and ensure that 

only consenting persons will be allowed within 500 feet of the flight operation. 

 The Pilot and observer must be trained in sUAS operations and have received current 

information on the particular sUAS to be operated. 

 The Observer and pilot will be able to communicate by two way radio or within 

speaking distance at all times. 

 Written and/or oral permission from the relevant property holders will be obtained prior 

to flight operations 

 If the sUAS loses communications or loses its GPS signal, the sUAS will have the 

capability to return to the point of launch using the RTL safety future of the flight 

controller.
Aircraft description

 DJI Phantom 3 Professional has a total weight of 1280g or 2lbs 13 oz 

 The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch 

 Maximum speed of 35 MPH

 The DJI Phantom 3 Professional has the ability to hover and move along a vertical and 

horizontal plane simultaneously

 The DJI Phantom 3 Professional has four motors, Motor Model DJI 3510, powered by a 

4480mAh 4s LiPo Lithium Polymer battery

 There are four propellers, Propeller Model DJI 1345, in use 

 The live video feed will have an operating frequency of 2.4GHz ISM with maximum 

range of 1.2 miles 

Transmitter description

 Communication Distance(open area): CE: 2000m; FCC: 2000m 

 Receiver Sensitivity(1%PER):-101dBm +/- 2dBm 

 Transmitter Power: CE: 16dBm; FCC: 20dBm 

 Working Voltage: 1.2A @ 7.4V

 Battery: 6000 mAh LiPo 2s 

 Operation frequency for the DJI Phantom 3 Professional is 2.400GHz – 2.483 GHz.

 Operation frequeny for the DJI Inspire 1 is 5.725 GHz – 5.825 GHz & 2.400GHz –

2.483 GHz.

Given the small size of the UAS and the controlled environment provided the proposed operations will 

adhere to the Reform Act’s safety requirements. The approval of this application presents no national 

security issues. Regarding the level of safety surrounding the proposed operations and the public 

benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, 

the grant of the requested exemption is in the public interest. Accordingly the applicant requests that 

the FAA grant the requested exemption with minimum delay

Flight Operations

Pre flight operations

 Each flight operation will begin with a detailed safety briefing involving active 

participans in the flight of the sUAS (PIC and VO) and non active participants to 

include any person affected within a reasonable distance of the operation.

 Briefing will include the following

◦ Airworthiness of the sUAS

◦ Physical condition of both PIC and OV (IMSAFE)

◦ Thorough briefing of mission to be flown to include

▪ Altitudes to be flown
▪ known obstacles

▪ Intended points of take off and landing

▪ Alternate or emergency landing locations

▪ Estimated time on location for filming or still photography

▪ Estimated battery usage and if battery change out will be required

 Pre flight inspection of the sUAS will be conducted using standard industry 

practices. The following items will be checked for proper operation prior to 

launch;

◦ Battery for sUAS full

◦ Battery for transmitter full

◦ Blades are clean and free from damage. Attachment nuts tight 

◦ sUAS body clean and free from damage

◦ Camera and gimbal operational, free in movement, clean (lens included)

◦ Camera and gimbal mounting hardware attached and tight

◦ Transmitter/sUAS communication link good

◦ Transmitter all buttons, knobs and control sticks free to move, no binding

◦ GPS location attained and return to home feature selected and working

◦ GPS altitude limit set to 400' AGL or less 

During flight operations

 The PIC and VO will be withing speaking distance at all times.

 If unable to remain within speaking distance PIC and VO will be in radio contact 

at all times.

 Communication will remain active between PIC and VO at all times. 

 Take off and landing will be conducted only to previously designated areas 

except for in case of emergency landing. If emergency does occur, every attempt 

will be made by the PIC to bring the aircraft down clear of persons or property.

 PIC will relay intended movements of sUAS to VO and VO will give a verbal 

“OK” if the request looks good. If the intended movement of the sUAS does not 

look safe, the VO will verbalize this to the PIC. 

 PIC and VO will refrain from having outside conversations while sUAS is 

ariborne in order to keep focus on mission. 

 The PIC will refrain from operating over populated areas or areas where retrieval 

of sUAS is not able.

 The PIC will operate at or below 400' AGL at all times. 

 PIC will land the sUAS after 20 minutes of flight time or 30% battery life, which 

ever occurs first. 

Post flight operations

 sUAS will be powered down

 sUAS will be inspected for any damaged, missing or dirty parts.

 Persons within the area of operations will be informed when the operation is 

complete and no further flying will be conducted. 
Seeking exemptions from the following FAR's

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

Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. 

Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a 

private pilot’s license rather than a commercial pilot’s license to operate a sUAS. Unlike a conventional 

manned aircraft, a sUAS is remotely controlled by a ground-based operator. The operational area is 

controlled and restricted, and all flights are planned and coordinated in advance. The level of safety 

exceeds that provided by a single individual holding a commercial pilot’s certificate operating a 

conventional aircraft. The risks associated with the use of a sUAS are so diminished from the level of 

risk associated with commercial operations contemplated by Part 61 allowing sUAS use by a sport pilot 

as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b). 

14 C.F.R. § 91.103: 

Preflight Action Section 91.103 requires each pilot to preflight an aircraft before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. 

However, an equivalent level of safety will be provided. The PIC will take all actions, including 

reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance 

data before commencement of flight. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in 

pertinent part, that: “except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: ....

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure.” 

Because “Robert Ardy” requests authority to operate at altitudes no higher than 400 AGL, an 

exemption is needed to allow such operations. sUAS will, however, be operated in a restricted area 

within a security perimeter, where buildings and people will not be exposed to operations without their 

pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as well as 

the location where it is operated. No flight will be taken without the permission of property owners or 

local officials. Because of the advance notice to the property owners and participants in the filming 

activity, all affected individuals will be informed of the planned flight operations. Compared to flight 

operations for conventional aircraft, any risk associated with the proposed sUAS operations is far less 

than conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations and 

light weight of the DJI Phantom 3 Professional and DJI Inspire 1. will ensure separation between a 
sUAS and conventional aircraft. 

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

Section 91.121 requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As a sUAS may not have a barometric altimeter, but instead a GPS altitude 

data, an exemption is needed. An equivalent level of safety will be achieved by the operator, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point 

of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at 

least 30 minutes . . . .” The typical battery powering the sUASs provides less than 20 minutes of 

powered flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flight would not 

be possible. Given the limitations on the sUAS’s proposed flight area and its proposed operations 

within a predetermined location, a longer time frame for flight in daylight VFR conditions is 

reasonable. Furthermore, operating the sUASs in a tightly controlled area where only people, property 

owners, or official representatives who have signed waivers will be allowed, less than 30 minutes of 

reserve fuel does not engender the type of risk that §91.151(a) was intended to address. 

“Robert Ardy” believes that safety can be achieved by limiting flights to 15 minutes or 30% of battery 

power, whichever occurs first. This restriction would be more than adequate to return the sUAS to the 

point of launch from anywhere in its limited operating area. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner shall “have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and 

Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply “Robert 

Ardy's” operations and exemption is requested. 

Summary for Publication Pursuant to 14 C.F.R. Part 11, 

The following summary is provided for publication in the Federal Register, should it be determined that 

publication is needed: Robert Ardy seeks an exemption from the following rules: 14 C.F.R. §§ 

61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 
91.417(a) and (b) to operate commercially a small unmanned vehicle (55 pounds or less) in commercial 

image acquisition operations.

As established by the sUAS exemptions already granted by the FAA, allowing commercial operations 

of sUASs in agriculture, real estate, inspection, S & R, and film industries will enhance safety by 

reducing risk. Conventional survey, agricultural, mapping, inspection, and film operations, using 

turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh around 

4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fly to and from the 

target location. In contrast, a sUAS weighing fewer than 55 pounds and powered by batteries 

eliminates virtually all of that risk given the small size and lack of combustible fuel. The sUAS is 

carried, and not flown, to target site. The DJI F550 sUAS carries no passengers or crew and, therefore, 

will not expose them to the risks associated with manned flights. 

Privacy 

All flights will occur over private or controlled access areas with the property owner’s prior consent 

and knowledge. Recognizable images will only be recorded of people who have given their consent or 

otherwise have agreed to be in the area where active image acquisition will take place. Satisfaction of 

the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating 

capabilities, proximity to airports and populated areas and operation within visual line of sight and 

national security) provide more than adequate justification to grant “Robert Ardy” requested 

exemption, allowing him sUAS commercial operations. 

I appreciate your time in reviewing my request for exemption. I can be reached by phone at 951-567-

4290 or email at robardy@gmail.com.

Respectfully, 

Robert J. Ardy

3593042CFI