REQUEST FOR SECTION 333 PETITION FOR EXEMPTION

MARCH 2, 2016

U.S. Department of Transportation 

Docket Operations

1200 New Jersey Ave., SE 

Washington, DC 20590

RE: Petition of ADAM R. ANDERSON for Summary Grant of Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR § 11.81

TO WHOM IT MAY CONCERN:

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

Act) and 14 C.F.R. Part 11, Adam R. Anderson hereby applies for a Summary Grant of 

Exemption from the Federal Aviation Regulations (FARs) identified below, to operate small 

unmanned aerial vehicle(s) (i.e., small unmanned aircraft systems or UAS) for conducting 

aerial data collection (aerial photography, videography, surveying, inspection, and other 

types of aerial data collection) in support of his desire to operate such UAS for a 

commercial purpose. 

Specifically, Mr. Anderson seeks permission to operate the following UAS vehicle: 

Phantom 3 Professional.

Mr. Anderson respectfully submits that this Petition for Exemption qualifies for 

expedited approval, as the Federal Aviation Administration (FAA) has previously issued 

grants of exemption in circumstances similar in all material respects to those presented 

herein.

All details and information required by 14 C.F.R. § 11.81 is contained in the attached 

file titled Attachment1_14CFR11.81 information.

Respectfully Submitted for Adam R. Anderson

By: Christopher Carrozzella, Esquire

Law Office of Christopher Carrozzella, LLC

15 S. Elm Street

P.O. Box 37

Wallingford, CT 06492

P: 203-284-1445

E: chris@chrislawct.com
A. Operator’s name and Address:

Adam R. Anderson

1485 Mountain Road

West Suffield, CT 06093

Cell: 860-303-2387

Email: aanderson81@gmail.com

Mr. Anderson is the holder of Sport Pilot Certificate #: 3789745 and issued on 1/11/2015.

He holds a Valid US Driver’s license issued by the State of Connecticut bearing number: 

117184081; expiration date: 11/2/2019

His Last Flight Review per 14 C.F.R. § 61.56: Not applicable since licensed within the past 

2 years.

He currently has logged 80 Total Flight hours at the time of this petition.

B. The specific section or sections of 14 CFR from which relief is required

Adam Anderson seeks an exemption from several interrelated provisions of 14 

C.F.R. Parts 21, 61 and 91 for purposes of conducting the requested operations using a

small UAS. 

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, 

and the operating procedures and safeguards that Petitioner has established which will 

ensure a level of safety better than or equal to the rules from which exemption is sought, 

including:

14 CFR 21, Subpart H; (airworthiness certificates) 

14 C.F.R. § 91.7(a) (Civil aircraft airworthiness)

In prior petitions for exemptions, the FAA has determined that for the purposes of 

this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight 

and thus no airworthiness certificate is required. The operating documents for the UAS 

contain procedures which allow the PIC to determine whether the aircraft is in a condition 

safe for flight, and an exemption from § 91.7(a) is therefore warranted.

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14 C.F.R. § 61.23(a) & (c) (Medical certificates: Requirement and duration)

14 C.F.R. § 61.101(e)(4) and (5) (Recreational pilot privileges and limitations)

14 CFR 61.113 (a); (Private pilot privileges and limitations)

14 C.F.R. § 61.315 (a) (sport pilot privileges and limitations)
In this case, while the UAS will be operated as part of a commercial operation, it 

carries neither passengers nor cargo. Recently, the FAA determined that holders of 

recreational and sport pilot certificates would also have adequate aeronautical knowledge to 

pilot a UAS. Accordingly, because these individuals would also be subject to security 

screening by the Department of Homeland Security (DHS), the FAA determined that holders 

of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS 

operations. (See Grant of Exemption No. 11213 to Aeryon Labs, Inc. at FAA-2014-0642). The 

decision further went on to state that as long as the operator holds a driver’s license the medical 

certificate requirements would not be necessary.

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14 C.F.R. 91.119(c) (minimum safe altitudes-Over other than congested areas)

Relief from § 91.119(c) is necessary because the aircraft will be operated at altitudes 

below 500 feet AGL .

An exemption is required because the proposed UAS operations will normally need 

to occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the 

PIC and/or Observers may need to be less than 500 feet away from the UAS. Compared to 

flight operations with rotorcraft weighing far more than the maximum weights proposed 

herein, and given the lack of flammable fuel with the UAS, any risk associated with these 

operations is far less than those that presently exist with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, and speed of 

the UAS, as well the controlled location where the operations will occur. In order to avoid 

any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL. As set 

forth in the operating documents, the UAS will be operated in a controlled environment, and 

all flights will occur at a lateral distance of at least 500 feet from nonparticipating persons, 

unless that person is in a position where he or she is shielded from the UAS and any 

possible debris resulting from UAS failure. Procedures will be in place to ensure flight 

operations can be safely terminated if a nonparticipating person within 500 feet of the UAS 

leaves a shielded position. Further, UAS operations will occur at least 500 feet away from 

vehicles or structures unless the property owner/controller has granted permission and the 

PIC has made a safety assessment of the risk of operating closer to those objects, and 

operations near the PIC or Observer will not present an undue hazard per § 91.119(a). 

Adherence to these restrictions in the operating documents will ensure the proposed 

operations can be conducted without compromising safety to persons or property on the 

ground.

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14 C.F.R. 91.121 (altimeter settings)

The UAS is not equipped with an altimeter. When the UAS is not equipped with a 

barometric altimeter, an alternate means for measuring and reporting UAS altitude is 

necessary, such as GPS. The UAS in fact is equipped with a barometric pressure sensor 
and GPS equipment, which automatically ensures that a ground level pressure setting will 

be established prior to each flight, and provides the PIC with altitude information of the UAS

on the heads-up display of the controller. Prior to each flight in accordance with the user 

manual, the petitioner is able to program the maximum flight altitude and radius limits as 

well as the Home Point which would include setting the altitude indicator to zero feet AGL.

In addition, should GPS signal be lost the UAS has the capability to return to a 

predetermined location within the private or controlled-access property. Proposed 

operations would be at a limited altitude of 400 feet AGL or lower. All operations will be 

within line of sight of the operator and under daytime VMC conditions.

The FAA has stated that an equivalent level of safety to the requirements of 14 

C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 

feet AGL or below, (2) within visual line of sight (VLOS), (3) where GPS based altitude 

information is relayed in real time to the operator at a ground-based on-screen display and, 

(4) where prior to each flight, a zero altitude initiation point is established for the PIC to 

confirm accuracy of the onboard GPS (See Grant of Exemption Grant of Exemption No. 

11062 to Astraeus Aerial (Docket No. FAA-2014-0352). All four requirements will be adhered to 

by the petitioner.

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14 C.F.R. 91.151(a)(1) (fuel requirements day VFR)

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. In fact 

the user manual specs limit the maximum flight time to 23 minutes with a fully charged 

battery.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for 

flight in daytime VFR conditions in circumstances similar to those presented in this Petition 

for Exemption. In Exemption No. 11213 to Aeryon Labs, Inc. (FAA-2014-0642), the FAA 

determined that a requirement prohibiting the PIC from beginning a UAS flight unless 

(considering wind and forecast weather conditions) there was enough available power for 

UAS to operate for the intended operational time and to operate after that for at least five 

minutes or with the reserve power recommended by the manufacturer if greater, would 

ensure an equivalent level of safety to the fuel requirements of § 91.151(a). Petitioner's 

operating documents impose substantially similar requirements and an exemption from 

§ 91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate.

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14 C.F.R. 91.405(a) (maintenance required)

14 C.F.R. 91.407(a)(1) (Operation after maintenance, preventive maintenance, 

rebuilding, or alteration)

14 C.F.R. 91.409(a)(1) and (2) (Inspections)

14 C.F.R. 91.417(a) and (b) (Maintenance records)

An exemption from the several maintenance/inspection regulations is needed 

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, 

which the UAS to be operated under this grant of exemption will not have. 

An equivalent level of safety will be achieved because the petitioner will perform

maintenance and inspections in accordance with the operating documents, which include 

User manual, Quick Start Guide, Advanced Safety Guidelines, and Advanced Intelligent 

Flight Battery Safety Guidelines, and all online materials provided by the manufacturer. 

Further, as required by the operating documents, the PIC will conduct a thorough detailed 

pre-flight inspection of the UAS and all associated equipment to account for all 

discrepancies and/or inoperable components, including an electronics test, motor test, 

propeller installation, and compass calibration. A post-flight inspection will be performed to 

identify any malfunctioning components of the UAS. Maintenance will be performed and 

verified to address any conditions potentially affecting safe operation of the UAS and no 

flights will occur unless, and until, all flight critical components of the UAS have been found 

to be airworthy and in a condition safe for operation. A functional test flight will be 

conducted following the replacement of any flight-critical components. As required by the 

operating documents, the PIC who conducts the functional test flight will make an entry in 

the UAS aircraft records of the flight. 

The operating documents also include requirements to follow the UAS 

manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements 

for the aircraft and aircraft components. Moreover, the operating documents also include 

procedures to document and maintain a record of the UAS maintenance, preventative 

maintenance, alterations, status of replacement/overhaul component parts, and the total 

time in service of Petitioner's UAS. As a whole, the maintenance and inspection procedures 

required by Petitioner's operating documents ensure that an equivalent or higher level of 

safety will be achieved.

C. The proposed operations, including the extent of relief sought and reasons for seeking 

such relief

Mr. Anderson’s Petition for Exemption is requesting authorization to operate his UAS 

for compensation or hire, or in furtherance of a business to perform a variety of operations, 

such as aerial photography, videography, surveying, inspection, and other types of aerial 

data collection, to include but not be limited to aerial videography and photography, aerial 

surveys, mapping, and inspections of real estate, and other landscapes for real estate-
related businesses, other commercial entities, as well as for owners of private or controlledaccess property with their permission.

The make and model of the aircraft for proposed operations 

Phantom 3 Professional

Serial #: P77DCE22010440

UAS Certificate number: FA3E779L7F (issued 12/21/2015 & expires 12/21/2018)

An application for registration of the subject UAS per Federal Aviation regulations (14 

C.F.R. part 47) will promptly be filed following the granting of this petition for exemption or 

prior thereto.

Identification (N-Number) markings will be placed on the subject UAS in accordance with 14 

C.F.R. part 45, Subpart C, which will be as large as practicable.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. 

This UAS platform has already been approved by the FAA in previously granted 

exemptions, or otherwise exhibit the same characteristics in terms of its weight, speed and 

operational capabilities which meet the requirements of Section 333 of the Reform Act.

D. How granting the exemption would be in the public interest

The public interest will be served by granting Adam Anderson’s Petition for Exemption. 

Congress has established a national policy that favors early integration of UAS into the NAS 

in controlled, safe working environments such as those proposed in this Petition. Granting 

this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) 

of the Reform Act—the FAA Administrator's assessment of whether certain UAS may 

operate safely in the NAS before completion of the statutorily required rulemaking. 

Enhanced safety is achieved since the UAS carries no passengers or crew. Reduced 

environmental impact is achieved by virtue of the UAS operating on battery power instead 

of flammable fuel together with reduced emissions and noise.

Until the advent of UAS vehicles such as the Phantom 3, commercial aerial data collection 

could only be obtained by man-powered flight in aircraft or helicopters. Now Adam 

Anderson and others can provide such services to the public at large on a much more 

economic and competitive basis. 

E. How the operator will maintain an equivalent level of safety or no adverse impact to 

safety

In addition to what has already been stated above, an equivalent level of safety with no 

adverse impact to the safety of the general public is attained by virtue of the size, weight, 

speed and operational capabilities of the Phantom 3 Professional. The fact that the UAS 

must be in visual site of the operator, limited flight time due to battery constraints, limited 

payload, and its fail safe RTH (return to home) features, all attest to the fact the operator, 
Adam Anderson, will ensure a level of safety better than or equal to the rules from which 

exemption is sought with no adverse impact to the safety of the general public at large.

F. A summary that can be published in the Federal Register

Adam R. Anderson seeks exemption from the following rules in Title 14 of the Code of 

Federal Regulations:

14 CFR 21, Subpart H; 14 C.F.R. § 91.7(a); 14 C.F.R. § 61.23(a) & (c); 14 C.F.R. § 

61.101(e)(4) and (5); 14 CFR 61.113 (a); 14 C.F.R. § 61.315 (a); 14 C.F.R. 91.119(c); 

14 C.F.R. 91.121; 14 C.F.R. 91.151(a)(1); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(1) and (2); 14 C.F.R. 91.417(a) and (b).

These exemptions will permit Adam Anderson to operate his UAS for compensation or hire, 

or in furtherance of a business to perform a variety of operations involving aerial data 

collection. These exemptions will enhance safety by reducing risk to the general public and 

property owners from the substantial hazards associated with using conventional fixed-wing 

aircraft or rotorcraft for aerial data collection.

G. Other: 

No additional information

Respectfully Submitted for Adam R. Anderson

By: Christopher Carrozzella, Esquire

Law Office of Christopher Carrozzella, LLC

15 S. Elm Street

P.O. Box 37

Wallingford, CT 06492

P: 203-284-1445

E: chris@chrislawct.com