Andrea Pepper

AP Aviation, LLC

127 Spruce Hill Ct

Los Gatos, CA 95032

January 29, 2016

To US Department of Transportation 

Federal Aviation Administration

800 Independence Ave. S.W. 

Washington, D.C. 20591

Dear Administrator:

I am writing to petition for an exemption from Title 14 CFR Part 21, 45, 47, 61, and 91.7, 

91.9(b)&(c), 91.103, 91.111, 91.113, 91.119(b) &(c), 91.126, 91.127, 91.129, 91.130, and 

91.151(a). I am requesting to operate an unmanned aircraft system (UAS), the PHANTOM 3 

PROFESSIONAL, to conduct aerial photography, videography, cinematography, inspection, 

surveying, UAS training videos, and company photography/ videography for promotional videos. 

By this exemption, AP Aviation will be allowed to educate the public about UAS safety and 

provide safe aerial videography/photography for the benefit of people and local businesses.

Below I have organized the petition by: 1) Unmanned Aircraft Systems (UAS) General 

Information, (2) the UAS pilot in command (PIC), (3) the UAS operating parameters, (4) the 

public interest, and (5) Safety/ Flight Manual.

Please contact me with any comments or questions.

Sincerely,

Andrea Pepper

AP Aviation, LLC
1) Unmanned Aircraft Systems (UAS) General Information

Company information: AP Aviation, LLC

 127 Spruce Hill Ct

 Los Gatos, CA 95043

 Phone: 408-688-1378

 Email: theanniepepper@gmail.com

Objective:

AP Aviation, LLC requests to operate its UAS, PHANTOM 3 PROFESSIONAL, for the purposes 

of aerial photography, videography, cinematography, inspection, land surveying, UAS training 

videos, and company photography/ videography for promotional videos. The UAS will fly in 

accordance with the set rules and regulations of the National Airspace System found in Title 14 

Code of Regulations; however, AP Aviation, LLC is requesting the following exemptions in order 

to comply with current regulations.

Exemptions:

AP Aviation is requesting to be exempt from the following regulations of Title 14, Code of 

Federal Regulations:

Title 14 CFR Part 21, 36, 45, 47, 61.23(2)(ii), 91.7, 91.9(b)&(c), 91.103, 91.111, 91.113, 

91.119(b) &(c), 91.126, 91.127, 91.129, 91.130, 91.151(a), and 91.203(a)(b)

14 CFR Part 21, subpart H; and Sections 45.23(b), Part 47, 91.7(a), 91.9(b)(2), 91.103(b)(2), 

91.203(a)(b) Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36 - Due to 

the size, speed, weight, and limited operation of the UAS the airworthiness Certificate is not 

necessary. The small size of the UAS the identification and registration markings will not be 

necessary and impossible to see, and due to its size it is impossible to carry a flight manual, 

registration documents on board the aircraft. Instead the operator will store the flight manual 

and applicable certification and registration documents at the ground control point where the 

UAS pilot has immediate access to them. In addition, because there is no airworthiness 

certificate, any associated noise certification and testing requirements of Part 36 is not 

necessary. The UAS does not need any runway in order to operate, thus a pre-flight action of 

91.103(b)(2) is not necessary. Instead the pilot will perform a pre-flight check list, including 

analysis of weather conditions, checking flight battery requirements, and an assessment of 

takeoff and landing distances developed by AP Aviation that will ensure the equivalent of safety. 

AP Aviation requests an exemption from the requirement to have fully functional dual controls in 

aircraft used for flight instruction, prescribed by § 91.109. The UAS do not have fully functional 

dual controls, and is controlled instead through the use of a control box that uses radio 

communications for aircraft control. The equivalent level of safety is provided because the 

aircraft is unmanned, can be controlled remotely, is relatively small, and operates at slower 

speeds than the aircraft envisioned by the regulation. The UAS will carry no explosive materials 

or flammable liquid fuels. The UAS will not weigh more than 3 pounds fully loaded under 

normal conditions with no pilots or passengers on board. The UAS and will only carry a 
camera. There is no cockpit or flight crew stations or dual controls. Thus 91.105 and 91.109

regulation are not necessary.

The maintenance requirements in § 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b) 

applies only to aircraft with an airworthiness certificate and are therefore inapplicable to this 

UAS operation. In place of these requirements, AP Aviation will perform maintenance by 

following procedures outlined in the Operators Manual for the DJI PHANTOM 3 

PROFESSIONAL, which include a pre-flight inspection and any necessary maintenance to 

ensure safety for everyone while in flight. In addition, AP Aviation has develop their own 

maintenance checklist to have the highest level of safety in the National Airspace System. See 

section 5 for the developed safety checklists and maintenance documents.

2) UAS Pilot In Command (PIC)

The owner/operator of AP Aviation holds a commercial helicopter license (issued January 7, 

2011; certificate number 3444239) and will ensure that the UAS will be operated and in 

compliance with local, state, and federal UAS laws. In accordance with Part 61 the operator 

request to hold at least a Class 3 medical when conducting operations. Due to the operator 

staying on the ground, a class 2 medical is not necessary per §61.23 (2)(ii) and a third class 

medical will satisfy the safety of the operation and will act as PIC of the UAS with at least a 

class 3 medical. In addition, if any medical issue prevents the operator to fly the UAS safety, 

the operator will self ground per FAA medical guidelines. The operator will stay current in 

accordance with §61.56 Bi - Annual flight review.

3) UAS Parameters

All flight operations will be conducted during the day ONLY within visual line of sight (VLOS) of 

the pilot and at an altitude of 200 feet above ground level (AGL), never exceeding 400 feet AGL, 

and in weather appropriate for the operator’s mission but never less than VFR conditions (1,000 

feet ceilings and 3 SM visibility). The operator will use current aeronautical charts and FAA’s 

B4UFLY app to ensure the flight will be in compliance and will contact necessary control towers 

and/or process a NOTAM if necessary. The operator will have a hand held aviation radio, tuned 

to the most practical aviation frequency for the area, to monitor manned aircraft. If any manned 

aircraft comes into the vicinity of the UAS operation, the operator will terminate the flight. The 

UAS will be operated similar to the rules outline in 91.119(d) regarding helicopters. The UAS 

has similar flight characteristics of a helicopter and will conduct operations without hazard to 

persons or property on the surface. The operator of the UAS will give notice to the people 

surrounding and involved with the UAS activity via verbal or written notice about the UAS

activity.

An exemption from the requirements of § 91.121, as the UAS has a GPS altitude read-outs 

instead of barometric altimeters. The read-out will be verified by the operator prior to flight by 

comparing it to the launch site altitude in accordance with the DJI operator manual pre-flight 

checklist and will be an equivalent level of safety.
The UAS is battery powered and is limited to approximately 23 minutes of powered flight 

according the DJI PHANTOM 3 PROFESSIONAL SPECIFICATIONS. § 91.151(a) is not 

necessary because there is no fuel on board the aircraft. Instead, when the UAS reaches 5 

minutes of battery power or 10 percent of battery life, whichever occurs first, (as determined by 

the onboard monitoring system and the pilot) the operator will terminate the flight for recharge or 

replacement of battery pack to ensure the UAS comes to rest on the ground with at least 10 

percent of battery life.

4) Public Interest

The UAS will operate under the approval of this application and the approval from the FAA. 

Approval of this application presents no national security issue. In addition, the approval of this 

application will benefit the public interest by enhancing the safety of the National Airspace 

System (NAS) because their will be an experienced commercial pilot at the controls of the UAS

who can provide valuable data for the FAA study of integrating manned and unmanned aircraft 

into the NAS. The approval of this application will help expand education for the general public, 

because the operator is also an experienced Certified Flight Instructor who continues to educate 

the public and young public about safe aviation practices for both manned and unmanned 

operations. Operations conducted under this approval for AP Aviation, LLC will have only 

accept the highest level of safety and integrity for all operators when flying in the NAS and will 

benefit the public interest by having an experienced aviator pilot/operator the UAS.

AP Aviation will conduct aerial photography, videography, cinematography, inspection, 

surveying, UAS training videos, and company photography/ videography for promotional videos. 

By this exemption, AP Aviation will be allowed to educate the public about UAS safety and 

provide safe aerial videography/photography for the benefit of general public and local 

businesses.

For only the highest level of safety and education in aviation practices, AP Aviation, LLC would 

like approval of commercial operations with the UAS, PHANTOM 3 PROFESSIONAL 

immediately by the FAA.

5) Safety/ Flight Manual

Before each flight a Pre-Flight Check List will be completed and noted in the UAS operating 

maintenance records.

All maintenance performed on the UAS will be documented in the UAS operation maintenance 

records, including date, who performed the maintenance, and signing the aircraft back into 

service after a successful maintenance test flight. A maintenance test flight will be performed 

concluding performing maintenance to ensure quality control of the maintenance and to ensure 

the highest safety for all. 
PRE - FLIGHT CHECK LIST

* Location check: distance from tower/non towered airport (less than 5 NM from towered airport 

notification required), airspace to be operating, NOTAM required?, restricted airspace active 

check, temporary flight restrictions.

* Weather decision (greater than 1,000 feet ceilings, 3 SM Visibility at mission location), wind, 

ceiling, and visibility appropriate for flight.

* Pilot - all required documents and medically fit for flight (License, medical, required forms, 

Government issued ID, IMSAFE checklist).

* Maintenance log is checked to ensure all discrepancies are corrected and routine 

maintenance is performed.

* Condition of UAS battery life/ Spare batteries available 

* Cache maps in the DJI Pilot App is needed.

* Charge all required flight batteries. Run the battery self check feature.

* Charge the Phantom 3 controller and power on/off to verify it works.

* Charge your mobile device. Close all running apps then test the Pilot App to make sure it 

opens.

* Make sure the MicroSD card(s) available empty/formatted. Slot one inside the Phantom 

ready.

* Power on the controller then Phantom 3 and quickly check that IMU readings are within range. 

It should normally be OK. Power everything back off.

* Make sure Gimbal guard is fitted before transport.

* Pack the Phantom 3 in your chosen transport method making sure its secure.

BEFORE EVERY FLIGHT

* Take off area and landing areas are free of obstacles or pivot points

* Performance of UAS for the daily conditions are adequate for successful flight

* Areas for alternate landing zones are noted around the proposed site to be flown 

* Carefully unpack the Phantom 3 and the controller, tablet, batteries and propellers onto a 

clean surface

* Visually inspect the Phantom 3 aircraft for body damage taking greater attention to the landing 

gear and camera/gimbal.

* Mount your tablet/phone onto the Phantom 3 controller and attach the USB cable fro the 

device to it.

* Put the battery into the Phantom 3 making sure it is seated correctly ( should be almost no 

gap between the Phantom’s shell and the battery ).

* Attach a set of propellers to each motor and visually check the propellers you will use during a 

flying session for damage like chips, cracks, bending and hub wear. Make sure to mount the 

Black headed hubs to the black tipped motors and the Gray headed hubs to the silver tipped 

motors. make sure to snugly tighten the propellers by hand.

* Check camera mounts are secure

* Place the Phantom 3 on clean level ground. 

* Remove the Gimbal Guard.

* Power on the controller and then the Phantom 3. 

* Open the Pilot App on your tablet/phone and verify you can see a live feed from the aircraft. 

Allow it to set a “Home Point”. Monitor the aircraft’s status lights to confirm this as well as the 

Pilot App. Have the antennas setup like Rabbit Ears ( Looking at the controller form the side _|

– Looking at the controller form the front \_/ ).

* Turn the volume UP on the tablet with the Pilot App Open.

* Set the brightness to full on your tablet.
* Calibrate the compass. Keep the Phantom about 10 feet from the controller and any metal 

objects when doing compass calibration. If the calibration fails, move the Phantom from its 

current location and try again.

* Check that the PAF switch is in the desired position. P mode is best to start with.

* Move about 10 feet from the Phantom making sure the back of it is facing you. Arm the motors 

using the CSC ( Combination Stick Command ). The Pilot App will confirm the aircraft is ready to 

fly. Make sure a valid “Home Point” has been recorded.

* When powered up and idling confirm no unusual noise or vibration from motors.

* Lights are working properly

* Elevation verification with UAS

FIRST HOVER PICK UP - less than 2 feet of the ground

* Slowly increase the throttle and lift the Phantom 2 feet off the ground. Do a slow left/right/

forward/back movement and YAW to confirm its stable and working as expected. Confirm the 

UAS controls are properly responding with controller.

* Performance of UAS is adequate for successful flight

* All communication and video information are communicating properly

* All lights that are illuminated for flight are working properly

* Battery life is noted

IN FLIGHT

* Performance, communication, and controllability of UAS is noted during a straight and level 

phase of flight

* Awareness of obstacles and manned aircraft is ALWAYS maintained 

* Alternate landing zones are continually noted during flight for an un expected issue

* Battery life is continually being monitored 

BEFORE LANDING

* Battery life noted

* Landing zone clear of all obstacles 

* Wind is noted.

AFTER EVERY FLIGHT

* When powered up and idling confirm no unusual noise or vibration from motors. 

* Power off the controller

* Power off the Phantom 3

* Check condition of props

* Check motor shafts and move freely when spun by hand

* Check condition of battery spade connectors and data pins (level, free movement, clean)

* Check camera mounts are secure

* Clean and wipe down the exterior 

* Remove the propellers, use the provided prop tool to loosen them if needed. Give them a 

quick look over for damage before storing them.

* Remove the battery. Check for damage/swelling.

* Place it to one side to cool - if needed.

* Remove the phone/tablet from the holder and store it and the controller.

* Re- install the Gimbal Guard.

* Put the Phantom 3 and controller back in its case/backpack.

* Put the battery back in the case/backpack.
* Record flight and any discrepancies in the maintenance log.

EVERY WEEK or EVERY 10 FLIGHTS, WHICHEVER COMES FIRST

* Visual inspection of shell and other plastic components for cracking/damage (landing skids, 

camera mounting plates, etc.);

* Check tightness of motor retaining screws and shell retaining screws (both 2.0mm hex);

* Clean data spring pins and battery contact pads with alcohol and swab or proprietary electrical 

contact cleaner and cycle spring pins several times to check for spring weakness and full 

unimpeded travel;

* Check DJI website for any updates of abnormalities/known common problems for the 

PHANTOM 3 PROFESSIONAL and ensured they are fixed.

* All maintenance check list items should be noted in the maintenance log.

EVERY MONTH or EVERY 50 FLIGHTS, WHICHEVER COMES FIRST

* Perform Weekly inspection

* Remove upper shell and check state of all wiring - plugs fully seated, condition of all solder 

joints, condition of visible circuit boards and wiring runs, internals generally clean and no debris/

loose items.

* Remove motors and check security and condition of bearings, propellers, screws, and general 

visual inspection.

* Check DJI website for any updates of abnormalities/known common problems for the 

PHANTOM 3 PROFESSIONAL and ensured they are fixed.

* All maintenance check list items should be noted in the maintenance log.
AP Aviation, LLC Maintenance Logs

LOG ENTRY:		 	

Date:		 	 	 	

Pre - flight Performed by: 		 	 	 	 


Total Flight Time:		 	 


Total Landings:		 	 


Discrepancies:		 	 	 	 	 	 	 	 	 	

													

Corrective Action:		 	 	 	 	 	 	 	 	 	

LOG ENTRY:		 	

Date:		 	 	 	

Pre - flight Performed by: 		 	 	 	 


Total Flight Time:		 	 


Total Landings:		 	 


Discrepancies:		 	 	 	 	 	 	 	 	 	

													

Corrective Action:		 	 	 	 	 	 	 	 	 	

												

LOG ENTRY:		 	

Date:		 	 	 	

Pre - flight Performed by: 		 	 	 	 


Total Flight Time:		 	 


Total Landings:		 	 


Discrepancies:		 	 	 	 	 	 	 	 	 	

													

Corrective Action:		 	 	 	 	 	 	 	 	 	

													


Weekly inspection due:

Monthly inspection due:

Weekly inspection due:

Monthly inspection due:

Weekly inspection due:

Monthly inspection due:
LOG ENTRY:		 	

Date:		 	 	 	

Pre - flight Performed by: 		 	 	 	 


Total Flight Time:		 	 


Total Landings:		 	 


Discrepancies:		 	 	 	 	 	 	 	 	 	

													

Corrective Action:		 	 	 	 	 	 	 	 	 	

													


Weekly inspection due:

Monthly inspection due: