December 29, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and 

Part 11 of the Federal Aviation Regulations. 

Name and Address of Petitioner: 

Lucian Newman, IV 

1973 Woodridge Road 

Tuscaloosa, AL 35406 

205-454-4820 (Cell) 

luciannewmaniv@yahoo.com 

Dear Sir or Madam: 

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

C.F.R. Part 11, Lucian Newman, IV, the Petitioner, request exemption from the following Federal 

Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National 

Airspace System. 

Regulations from which the exemption is requested: 

14CFR21 H 

14 CFR 45.23 (b) 

14CFR61.113(A)7(b) 

14CFR91.7(a) 

14 CFR 91.9 (b)(2) 

14CFR 91.103 (b) 

14CFR91.109 

14CFR 91 .119 

14CFR 91.121 

14CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14CFR 91.405 (a) 

14CFR 91.407 (a) (1) 

14 CFR 91.409 (a) & (b) 

14CFR 91.417 (a) & (b) 

14CFR Title 14Chapter 1Sub D Part60thru 67 -61 .1to61.429 
The Petitioner wishes to be granted the exemption for use of the UAS of commercial operations 

listed below. 

Applications and Operations: 

Aerial Data Collection 

Aerial Photography of Real Estate 

Aerial Videography of Real Estate 

Forest Health Monitoring 

Harvesting Monitoring 

Forest Inventory 

Topography 

Special Events Photography 

Special Events Videography 

The Petitioner believes the use of the UAS's is more economical and safer to use for the aforementioned 

purposes. Use of the UAS rather than a manned aircraft is more economical to the consumer, and 

beneficial to the general public due to its small size, low noise and minimal potential for accident. 

Characteristics of the Aircraft: 

Lucian Newman, IV seeks these exemptions for the purpose of operating a DJI Phantom 3 Professional for 

compensation within the NAS. 

The OJ I Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control 

Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum 

gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2", a maximum speed of 

approximately 16.4 FPS and a maximum flying height of 400'. The DJI Phantom 3 is equipped with four main 

rotors; driven by Lithium Polymer battery powered electric motors. 
Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation 

Regulations: 

The Petitioner requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of UAS's. 

14 CFR 21 H: Airworthiness Certificates 

Certification Procedures for Products and Parts 

Reason for Exception: 

It has been determined that similar UAS's do not require an airworthiness certificate as granted 

in Exemption No. 11623, 11650, 11664 and 11734. 

14CFR 45.23 (b): Marking of the Aircraft 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least3 inches high. Additionally, the aircraft mustdisplaytheword "EXPERIMENTAL" in 

letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. 

Reason for Exception: 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have not entrance to the cabin, cockpit or pilot station on which the work "EXPERIMENTAL" can be 

placed. Given the size of the UAS, two-inch lettering will be impossible. The word "EXPERIMENTAL" 

will be placed on the fuselage in compliance with 4529 (f). 

The FAA has issued the following exemptions to this regulation to Exemptions Nos.10700, 8738, 10167 

and 10167A. 

14CFR 61.113 (A) 7 (b): Private Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person: (1) has a pilot certificate or special purpose 

authorization issued under this part in that person's physical possession or readily accessible. (2) The 

flight is only incidental to that business or employment. (3) The aircraft does not carry passengers or 

property for compensation or hire. 

Reason for Exception: 

The Petitioner will follow all manufacturers' training program and safety manual. I also believe these 

requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA proposals 

have omitted this as a future requirement for small UAS's. 

14CFR 91.7 (a): CiviiAircraftAirworthiness: 

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an 

airworthy condition. 

Reason for Exception: 

It has been determined that similar UAS's do not require an airworthiness certificate, however the 

petitioner will ensure airworthiness through the combined use of the manufacturer's Operations 

Manual and preflight checks . 
14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that fl ight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation; the documentation would 

not be available to the crew. 

Reason for Exception: 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control 

point where the pilot flying the UAS will have immediate access to it. The FSS has issued the 

following exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few. 

14CFR 91.103 (b): Preflight Instruction 

This regulation requires each pilot in commend to take certain actions before flight to insure the 

safety of flight. AS FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The petitioner will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. 

14CFR 91109: Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." 

Reason for Exception: 

UAS's and remotely piloted aircraft, by their design so not have fully functional dual controls . Flight 

control is accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption 

Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor 

passenger will be carried in the aircraft and by the size and speed of the aircraft. 

14CFR 91 .119: Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum 

of 400 feet AGL, we cannot comply with this requirement. 

Reason for Exception: 

The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing 

residential areas that may be considered congested areas. That will not always be the case when 

providing a 'Property Survey' flight because they could be conducted over empty lots or acreages with 

no structures. In the case of flying over or near existing private property while providing aerial 

imagery, property inspections, and property assessments, landowners will be notified in person by the 

Petitioner, or by a card left behind by the Petitioner if requested. The Petitioner will review with the 

landowners the associated risks to people and property. Due to the small size of the UAS the 

associated risk to persons, vessels, vehicles and structures is not comparable to manned aircraft and 

should betaken into consideration . 
14CFR 91.121: Altimeter Settings 

This section requires that each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18,000 feet MSL. 

Reason for Exception: 

Most UAS do not have a barometric altimeter. If does have a GPS that will calculate altitude. The 

Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 

11623, 11664, and 11734. 

14CFR 90.151 (a) Fuel Requirements for Flight inVFR Conditions 

Fuel requirements for flight in VFR conditions: (a) No person may begin 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. 

Reason for Exception: 

The UAS provides a low battery warning to indicate when you should return the UAS to the launch 

point. In addition, a "low" and "critical" battery level warnings and implemented a "return to Home" 

(or "Go land") action in these situations. The Petitioner will not initiate a flight unless (considering 

wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and all flights will be conducted during daylight hours and at times not to be a 

nuisance to others. 

14CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

No person may operate a civil aircraft unless it has an appropriate and 

current airworthiness certificate. 

No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under 19.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

Reason for Exception: 

To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be housed at 

a ground control point where the pilot is flying the UAS for immediate access to the extent they are 

applicable to the UAS's. In doing some research the FAA has issued numerous exemptions to thi.s 

regulation. 

14CFR 91.405 (a): Maintenance Inspections 

Each owner or operator of an aircraft- (a) 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 part43 of this 

chapter. 

Reason for Exception: 

The Petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow the 

Manufacturer's recommended preflight checklist and make any repair necessary before flights 

occur. The Petitioner will also maintain a log of any maintenance or repairs performed. 
14 CFR 91.407 {a) {1 ): Maintenance 

Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may 

operate any aircraft that has undergone maintenance, preventative maintenance, rebuilding, or 

alteration unless (1) it has been approved for return to service by a person authorized under 43.7 of 

this chapter. 

Reason for Exception: 

The Petitioner who has the responsibility for the operation and safety of the UAS will follow 

the manufacturer's suggested maintenance and repair schedules. 

14 FR 91.409 (a)(l) & (2): Inspections 

Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance 

with part 43 of this chapter and has been approved for return to service by a person authorized by 

43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be 

substituted for any inspection required by this paragraph unless it is performed by a person 

authorized to perform annual inspections and is entered as an "annual" inspection in the required 

maintenance records. 

Reason for Exception: 

The Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe 

flight at all times. 

14CFR91.417(a)&(b): Maintenance Records 

Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator 

shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph 

(b) of this section: ( 1) (2) (3) 

Reason for Exception: 

The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to 

use approved manufactured parts for all repairs and modifications. 

14CFR Title 14Chapter 1Subchapter D Parts 60 thru 67-61.1to 61.429: Pilot Certification 

This section pertains to flight rules, pilot certificate requirements, manuals, etc. 

Reason for Exception: 

The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights 

and current FSS proposals have omitted this as a future requirement for small UAS's. 
In Conclusion: 

I, Lucian Newman, IV, the Petitioner request for exemption from the above mentioned Federal 

Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National 

Airspace System in order to perform the Applications and Operations pertaining to my aerial data 

collection in a safe and controlled environment. 

If you have any questions or need additional information. Please contact me at 

luciannewmaniv@yahoo.com or (205) 454-4820. 

Lucian Newman, IV 

1973 Woodridge Road 

Tuscaloosa, Al 35406 

(205) 454-4820 (Cell 

Lucian newmaniv@yahoo. com