Justin M. Ryan III 11 August 2015

4 Admiral Dr. Unit 428

Emeryville, CA 94608

(510) 239 7277

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 Advanced User Manual 1.0

2) Phantom 3 Advanced 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

Justin M. Ryan III, 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 holds an FAA Private Pilot Certificate 

and over 140 hours of experience in single engine aircraft.

Respectfully Submitted,

Justin Ryan