Scott	D.	Clark May	6th,	2015

913	W	Van	Buren	St.	Unit	3E

Chicago,	IL	60607

Cell	(828)	691	1472

Email:	scott@scottclark.co

U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

RE:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	of	2012

Attachments:

1) Phantom	3 Professional	User	Manual	1.0

2) Phantom	3 Professional	Quick	Start	Guide

3) Phantom	3	Intelligent	Battery	Safety	Guidelines

4) Phantom	3	Safety	Guideline	Disclaimer

References:

1) FAA	Exemption No.	11138,	Regulatory	Docket	No.	FAA20140481 in	the	

matter	of	the	petition	of	DOUGLAS	TRUDEAU

2) FAA	Exemption	No.	11136,	Regulatory	Docket	No.	FAA–2014–0508	in the	

matter	of	the	petition	of	ADVANCED	AVIATION	SOLUTIONS	LLC

3) FAA	Exemption	No.	11080	Regulatory	Docket	No.	FAA20140355 in	the	

matter	of	the	petition	of	FLYING	CAM	INC

4) FAA	Exemption	No.	11437	Regulatory	Docket	No.	FAA-2015-0221	in	the	

matter	of	the	petition	of	MARCUS	D.	MELHUS

Dear	Sir	or	Madam,

In	accordance	with	the	FAA’s	Guidelines	for	Submitting	a	Petition	for	

Exemption	under section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012,	I	

Scott	D.	Clark,	referred	to hereafter	as	the	petitioner,	request	exemption	from	the	

following	sections	of	Title	14,	Code	of Federal	Regulations	§§

61.113(a);	61.113(b);	91.119(c);	91.121;	91.151(a);	91.405(a);	91.407(a)(1);	

91.409 (a)(1);	91.409(a)(2);	91.417(a)	&	(b);

In	order	to	operate	small	unmanned	aircraft	systems	(UAS)	commercially	in	

airspace regulated	by	the	Federal	Aviation	Administration	(FAA)	for	the	purposes	of	

aerial	photography, cinematography,	videography,	and	other	flight	operations	that	

could	be	performed	safely	and more	cost	effectively	with	the	use	of	small	UAS	at	low	

altitude	within	the	U.S.	national	airspace system	as	compared	to	a	manned	aircraft.	
Operations	will	be	performed	only	at	the	request	of and	with	the	authorization	and	

permission	of	clients	or	their	authorized	agents	in	order	to facilitate	commerce	and	

raise	awareness	of	the	beneficial	uses	of	small	unmanned	air	systems.

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.	The	

conditions	identified	and proposed	by	the	petitioner	are	drawn	from	references	1-3.

The	FARs

The	petitioner	seeks	exemption	from	the	above	mentioned	FARs	for	the	following

reasons;

61.113(a)	&	(b);

The	petitioner	requests	relief	in	order	to	facilitate	the	utilization	of	an	

experienced	UAS operator	with	the	addition	of	a trained	observer.	All	pre-flight	

inspection,	maintenance	and	flight logs	will	be	saved	and	made	available	to	the	FAA	

and	Secretary	of	Transportation	(SoT)	for review;	with	the	purpose	of	safely	

integrating	civil	UAS	operation	in	the	National	Airspace

System.

91.119(c)

As	discussed	in	Exemption	11138	(DOUGLAS	TRUDEAU),	operations	

conducted	closer than	500	feet	to	the	ground	may	require	that	the	UA	be	operated	

closer	than	500	feet	to	essential persons,	or	objects	that	would	not	be	possible	

without	additional	relief.	The	petitioner	requests modification,	waiver	or	exemption	

and	clarification	concerning	the	terms	“congested	areas”	and “densely	populated”.	

The	petitioner	requests	waiver	for	this	condition	to	allow	reasonable	and

responsible	operations	in	areas	of subdivisions	and	neighborhoods	if	required.

The	petitioner	will	primarily	operate	the	UAS	between	ground	level	and	200	feet.	

The UAS	will	be	operated	over	designated	properties	with	the	owner’s	consent	and	

while	maintaining a	safe	distance	from	persons.	The	petitioner	will	compile	flight	

data	from	the	logs.	This	data	may assist	the	FAA	in	development	of	regulations	for	

commercial	operations	in	low-risk,	controlled environments.

91.121

As	discussed	in	Exemption	11138	(DOUGLAS	TRUDEAU)	is	inapplicable	since

the UAS	does	not	have	an	altimeter	and	instead utilizes	electronic	GPS	with	a	

barometric	sensor	for altitude	information.

91.151(a)

As	discussed	in	Exemption	11136	(ADVANCED	AVIATION	SOLUTIONS	LLC)	

prior relief	has	been	granted	for	manned	aircraft	to	operate	at	less	than	the	

prescribed	minimums, including	Exemption	Nos.	2689,	5745,	and	10650.	In	

addition,	similar	UAS	specific	relief	has been	granted	in	Exemption	Nos.	8811,	

10808,	and	10673	for	daytime,	VFR	conditions.	The	UAS provides	battery	power	

remaining	in	percent	to	the	PIC.	The	UA	batteries	provide	approximately 25	minutes

of	powered	flight.	Information	provided	in	the	operating	documents	discusses

procedures	regarding	remaining	battery	power	management.	Those	documents	
contain	a condition	in	which	the	PIC	will	initiate	a	landing	procedure	when	battery	

remaining	reaches	a specified	level.	Given	the	limitations	on	proposed	operations	

and	the	location	of	those	proposed operations,	The	FAA	found	that	a	reduced	

minimum	power	reserve	for	flight	in	daytime	VFR conditions	was	reasonable.

As	discussed	in	Exemption	11437	(MARCUS	D.	MELHUS)	prior	relief	has	been	

granted	for	unmanned	aircraft	is	in	the	public	interest	and	under	the	authority	in	49	

U.S.C.	106(f),	40113,	and	44701,	MR.	MELHUS	was	granted	an	exemption	from	14	

CFR	§§	61.23(a)	and	(c),	61.101(e)(4)	and	(5),	61.113(a),	61.315(a),	91.7(a),	

91.119(c),	91.121,	91.151(a)(1),	91.405(a),	91.407(a)(1),	91.409(a)(1)	and	(2),	and	

91.417(a)	and	(b),	to	the	extent	necessary	to	allow MR.	MELHUS	to	operate	a	UAS	to	

perform	aerial	data	collection	up	to	200	feet	above	ground	level.	

91.405(a);	91.407(a)(1);	91.409	(a)(1)	&	(2);	91.417(a)	&	(b)

As	discussed	in	Exemption	11138	(DOUGLAS	TRUDEAU),	The	petitioner	

proposes	to inspect	and	ensure	that	the	UAS	is	in	a	condition	for	safe	flight	in	

accordance	with	the	operating documents.	The	FAA	found	that	adherence	to	the	

petitioner’s	operating	documents	and	the conditions	and	limitations	specified,	

describing	the	requirements	for	maintenance,	inspection,

and	record keeping,	were	sufficient	to	ensure	that	safety	would	not	be	adversely	

affected.

The	UAS

The	DJI	Phantom	3 is	the	newly	released	predecessor of	the	highly	successful	

DJI	Phantom	2	vision	plus	which	was	a highly	successful	consumer	grade	small	

rotorcraft	in the	quadcopter	configuration. The	Phantom	3	has	an advertised	weight	

of	less	than	46 Ounces (1280g)	designed primarily	to	carry	aloft	a	high	definition	

camera.	It	has	an	advertised	maximum	speed	of	less than	31 knots	(16m/s)	and	a

maximum	climb	rate	of	less	than	1000	feet	per	minute	(5 m/s).	It	is powered	by	four	

electric	motors	with	a	distance	between	motors	of	less	than	14	inches	(350mm).

It	utilizes	an	internal	inertial	measuring	unit	(IMU)	with	integrated	

barometric	sensor	augmented with	global	positioning	system	(GPS/GLONASS)	to	

maintain	its	geospatial	orientation	and	position.	It	is controlled	primarily	through	

an	FCC	certified	radio	control	(RC)	unit.	Real	time	video	and telemetry	information	

is	transmitted	back	to	a	ground	control	station	allowing	the	operator	and/or PIC	to	

monitor	battery	level,	GPS	signal	strength,	altitude	(AGL),	distance	from	PIC,	camera

imagery,	and	control	camera	angle.	It	has	failsafe	modes	of	operation	for	either	loss	

of	RC	or GPS	signal.	Altitude can	be	limited	by	the	on board	flight	controller	and	

maximum	altitude	can be	preprogrammed	by	the	PIC.	Battery	life	limits	flight	times	

to	approximately	23 minutes. The onboard	flight	controller	will	warn	the	pilot	via	

telemetry	and	external	lighting	cues before reaching	a	low	battery state.	An	

automatic	termination	of	flight	and	landing	will	be	initiated when	the	battery	

reaches	a	predetermined	low	state.	It	is	anticipated	that	flights	will	usually	last less	

than	12	minutes.	More	information	is	available	in	attachment	1.
Risk	Mitigation

The	petitioner	has	reviewed	FAA	exemptions	reference’s	1-3	Conditions	and	

Limitations section	and	believes	that	the	procedures	specified	therein	are	

reasonable	and	will	be	utilized	in order	to	manage	and	mitigate	risk	and ensure	

public	safety.	A	preflight	checklist	will	be developed	and	employed	to	ensure	that	

the	UA	airworthiness	will	be	verified	before	launch. Airworthiness	will	be	

maintained	by	performance	of	routine	inspections	before	each	flight, maintaining	

flight	and	maintenance	logs	to	record	time	on	failure	prone	components.	These

documents	will	be	made	available	to	the	FAA	and	SoT	to	assist	in	future	

implementation	of safety	standards	and	regulations.	The	petitioner	will	only	operate	

the	UAS	over	designated properties	with	the	owner’s	consent.	Flight	plans	will	be	

predetermined	to	limit	the	UASs	flight time	and	limit	safety	concerns.	The	petitioner	

will	take	into	account	distance	from	persons	and potential	flight	obstacles	prior	to	

operating	the	UAS.	UAS	operation	will	always	be	within VLOS	of	the	PIC	and	the	

observer.

Public	Interest

Use	of	the	UAS	in	lieu	of	a	manned	aircraft	would	enhance	safety	and	reduce	

the environmental	impact	as	compared	to	similar	operations	conducted	with	

manned	aircraft	of greater	proportions,	carrying	a	crew	and	flammable	fuel.	

Additionally,	use	of	the	UAS	in	order	to facilitate	commerce	could	lead	to	economic	

growth.	Operations	for	this	petition	will	enable service	for	property	owners	or	their	

designees	seeking	an	enhanced	perspective	for characteristics,	amenities,	and	

benefits	of	their	desired	photographic	subjects	that	cannot	be displayed	through	

ground	level	videography/photography.	Aerial	photography	is	a	valuable marketing	

tool	that	can	lead	to	increased	commerce	and	enhance	personal	photography.	Aerial

surveying	and	inspections	can	increase	work	site	efficiency,	improve	volumetric	

estimations	and reduce	risks.	The	petitioner	will	provide	clients	with	photographic	

data	for	these	purposes	on	a ‘for	hire’	basis	acting	as	an	independent	contractor.	A	

visual	observer	will	be	utilized.	Flight	data including	UA	flight	time,	Control	Unit	

operation	time,	incident,	accident,	and	details	concerning any	deviations	from	

normal	operations	will	be	available	to	FAA	for	use	in	collecting	data regarding	the	

use	of	UAS	as	part	of	this	application.	This	data	may	be	submitted	to	FAA	via

traditional	means	or	other	means	as	required.

Conclusion

The	petitioner	is	requesting	this	exemption	for	the	purposes	of	“aerial	

photography, cinematography,	videography,	inspections	and	other	flight	

operations”.	The	reason	for	such	a general	and	broad	based	request	is	that	the	

petitioner	wishes	to	utilize	a	business	strategy	of horizontal	integration	and	

maximize	economies	of	scope	in	order	to	capitalize	on	opportunities as	they	may	

arise	in	the	future	without	the	long	turnaround	time	associated	with	additional

exemptions.	The	petitioner's	business	model	is	based	on	the	idea	of	offering	ad	hoc	

small	UAS services	to	individuals	or	companies	who	wish	to	employ	these	services	

as	a	safe,	effective,	and legal	option	to	enhance	their	business	or	hobby.	The	
petitioner	has	refrained	from	engaging	in commercial	use	of	the	UAS.	The	primary	

purpose	of	seeking	this	exemption	is	to	obtain	the capability	to	offer	those	services	

while	remaining	in	compliance.	The	petitioner	has	more	than	40	hours	experience	in	

the	fixed	single	aircraft	operation.

Respectfully	submitted

Scott	D	Clark