June 5, 2015 

Clarence E. Foster 

129 Southern Blvd. 

Rocky Mount, NC 27804 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SV/ 

Washington, DC 20590 

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

Attachments:1) User Manual (EN), Inspire 1, Phantom 2, Phantom 3 

Safety Guidelines lnspire1, Phantom 3 

Quick Start Guide (EN) Inspire 1 Phantom 2, Phantom 3 

Maintenance Manual Inspire 1 

Phantom Pilot Training Guide 

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the matter of the 

petition of DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-D508 in 

the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption No. 11080 

Regulatory Docket No. FAA-2014-0355 in the matter of the petition of FLYING CAM INC 

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 Clarence E. Foster, 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, mapping, crop surveying, inspections 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 pilots, who hold a 

PRIVATE PILOT (or greater) certificate. Any pilots operating under this exemption would be required to 

comply with any conditions as set forth and in a similar fashion to the previously granted exemptions. 

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. 

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 17 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. 

91.40S{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 

UAS 1: The DJIInspire One is a highly successful consumer grade small rotorcraft in the quad copter 

configuration with an advertised weight of less than 7 pounds {293Sg) designed primarily to carry aloft a 

high definition camera. It has an advertised maximum speed of less than 30 knots {14m/s) and a 

maximum climb rate of less than 1200 feet per minute (5 m/s). It is powered by four electric motors 

with a distance between motors of less than 24 inches {607mm) It utilizes an internal inertial measuring 

unit {IMU) with integrated barometric sensor augmented with global positioning system {GPS) 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 onboard flight controller and maximum 

altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 17 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. 

UAS 2: The OJI Phantom 2 Vision+ is a consumer grade small rotocraft in the quad copter 

configuration with an advertised weight of less than 3 pounds (1242g) designed to carry aloft a high 

definition camera. 

It has an advertised maximum speed of less than 30 knots (15m/s). It utilizes an internal inertial 

measuring unit (IMU) with integrated barometric sensor augmented with global positioning system 

(GPS) 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 onboard flight controller and 

maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 17 

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. 

UAS 3: The OJI Phantom 3 is a consumer grade small rotocraft in the quad copter configuration 

with an advertised weight of less than 3 pounds (1280g). The craft is designed to carry aloft an Ultra 

high definition camera. It has an advertised maximum speed of less than 30 knots {15m/s). It utilizes an 

internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global 

positioning system (GPS) 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 onboard 

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

to approximately 17 minutes. The on board 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. 

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. 

The petitioner request that in a manner similar to reference 3, he be allowed to operate within 5 miles 

of an airport provided that: 

"The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA 

may not operate within 5 nautical miles of the geographic center of a nontowered airport as denoted on 

a current FAA-published aeronautical chart unless a letter of agreement with that airport's management 

is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's 

COA. The letter of agreement with the airport management must be made available to the 

Administrator upon request." 

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting 

a mechanism to facilitate such activities without requesting a new and separate exemption(s) should the 

need arise. Operations within class B airspace are not requested due to the lack of mode C transponder. 

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. Crop surveying applications could lead to decreased use of pesticides and fertilizer and 

conservation of water as well as increased crop yields and decreased costs. 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. 

Conclusion 

The petitioner is requesting this exemption for the purposes of "aerial photography, cinematography, 

videography, mapping, surveying, 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' s own market research shows pent up demand for these services currently exists 

in the real estate market and other markets are just beginning to emerge. Although videography and 

photography are included in the request, the primary objective will be aerial survey of farm crops. 
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 a Private Pilot Certificate. 

Clarence E. Foster 

129 Southern Blvd 

Rocky Mount, NC 27804 

252-446-3384 Home 

252-985-8149 Cell 

252-977-3055 Office 

sonfoster@earthlink.net