1 US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

2 Reform Act and Part 11 of the Federal Aviation Regulations

3

4 October 30, 2015  

5

6 Thomas G. Preston

7 245 Wintree Lane

8 New Lenox, IL 60451

9

10 U.S. Department of Transportation

11 Docket Management System

12 1200 New Jersey Ave., SE

13 Washington DC 20590

14

15

16 Dear Sir or Madam: 

17

18 The purpose of this letter is to petition the Federal Aviation Administration for an exemption 

19 from certain Federal Aviation Regulations in order for the petitioner, Thomas G. Preston, to 

20 operate two Unmanned Aerial Systems (UAS) within the Chicago metropolitan area of the 

21 National Airspace System; to operate one UAS for his full time employer and to operate a 

22 second UAS in developing his aerial photography business. Mr. Preston is well acquainted with 

23 the risks that come with the privilege of operating an aircraft in the United States, but also with 

24 the opportunities available via new unmanned flight technology. He holds a Private Pilot 

25 Certificate and has logged over 250 hours of flight time in single-engine, land rated aircraft. He 

26 also has more than forty hours of flight time of that particular unmanned aircraft that is the 

27 subject of this Petition. As a life-long amateur photographer, the petitioner would like to 

28 combine the benefits of an unmanned aviation platform with his passion for photography to 

29 pursue the opportunities for safe, cost-effective aerial imaging services for his employer and for 

30 the public at large. 

31

32 Accordingly, and pursuant to 14 CFR §§ 11.61-.103 and Section 333 of the FAA Modernization 

33 and Reform Act of2012, PL 112-95 (Feb. 14, 2012), the petitioner is submitting the following 

34 information with this request: 

35

36 Identity of Petitioner 

37 Petitioner: Thomas G. Preston 

38 245 Wintree Lane 

39 New Lenox, IL 60451 

40 (815) 546-9434 

41 tompreston75@gmail.com 

42

43 Description of Operations. 

44

45 A. The UAS that is the Subject of this Petition. 

46
47 Mr. Preston is the owner of a DJI Phantom 3 Professional unmanned aircraft with a serial 

48 number of P77DCH25011197 and its associated portable ground station controller. His employer 

49 is the owner of another DJI Phantom 3 Professional unmanned aircraft with a serial number of 

50 P76DCG01016187 and its associated portable ground station controller (together the "Subject 

51 UAS"). The Subject UAS is a quad-copter with High Definition camera mounted beneath it, 

52 piloted via a portable ground station. It has an operational weight of approximately 1,280 grams. 

53 The Subject UAS was purchased completely assembled and ready to fly. Mr. Preston has been 

54 flying the same model UAS for several months now. The Phantom 3 Professional is a widely 

55 known unmanned aircraft and is the same type of aircraft that has recently been the subject of the 

56 grant of many exemptions by the FAA (Examples: Exemption Numbers 11944, 11823, 11963, 

57 11906, 12003 and 12042). The portable ground station used by Mr. Preston to pilot the 

58 unmanned aircraft is a two-channel, wireless communication device using an FCC-compliant 

59 5.8GHz frequency band for the video link, and a 2.4 GHz transmitted. The Subject UAS is 

60 equipped with lost-link capability, which enables the Phantom 3 Professional to enter a fail-safe 

61 Return-to-Home Mode in the event that the link between the aircraft and the ground station is 

62 lost. The Subject UAS can operate for a total of approximately 23 minutes on one battery charge. 

63 It has a maximum range from the ground station of 6,336 feet. However, it also has 

64 programmable height and radius limits to establish a safe operations area. Without programming 

65 the Subject UAS, it has a default height limit of 400 feet AGL. 

66

67 B. The UAS Pilot in Command. 

68

69 Mr. Preston began flying as a student pilot in 1986. He conducted his flight training 

70 predominantly at Howell Airport in Crestwood, Illinois. He was issued his private pilot 

71 certificate on April 18, 1987. As of the date of this letter, he has 252 hours of accumulated flight 

72 time, with over 50 hours in a high-performance single engine aircraft with retractable landing 

73 gear (Piper Arrow). Mr. Preston has never been subject to an FAA enforcement action. Nor has 

74 he ever been involved with an aircraft accident or incident that required notification to the 

75 NTSB. With regard to the Subject UAS, Mr. Preston has made numerous flights as a hobbyist, 

76 and has accumulated more than 40 hours of flight time with the Subject UAS. 

77

78 C. UAS Operating Parameters and Intended Mission Profile. 

79

80 Mr. Preston is an Information Technology professional and a Marketing team member for his 

81 full-time employer, ILoca Services, Inc. located in Aurora, Illinois. In his capacity as a member 

82 of the marketing team at ILoca, Mr. Preston has honed his photography skills and seeks to 

83 expand his services to his employer and to perform like services for others. 

84 

85 Exemption is requested for commercial operations for aerial photography and video serving his 

86 employer, the real estate, land surveying, agriculture, construction, transportation, architecture 

87 and other industries as well as local, county, state and federal government agencies, individuals 

88 and serving at public events. Mr. Preston also requests the ability to offer flight training to others 

89 interested in pursuing this skill. 

90

91 The vast majority of the petitioner's operations will be conducted in the Chicago metropolitan 

92 area. Those flights would generally occur at a distance of more than five miles from any airport. 
93 Because operations may be conducted at various locations in the area during the period that the 

94 exemption would be in effect, other than at his employers location in Aurora, IL, there are no 

95 specific locations at which Mr. Preston intends to operate. However, in the event that his services 

96 are requested in areas closer than 5 miles to an airport, being a mature and responsible licensed 

97 pilot, Mr. Preston will always adhere to current FAA Regulations and use good judgment. 

98

99 Mr. Preston would adopt with the following UAS Operating Parameters: 

100

101 1. Missions will generally be conducted below 400' AGL, and within a radius distance 

102 recommended by the equipment manufacturer. 

103

104 2. Each mission will begin with a pre-flight checklist that exceeds the manufacturer’s 

105 recommended system checkpoints to ensure that it is in a condition for safe operation. 

106

107 3. Mr. Preston will yield right of way to all manned aviation activities at all times. 

108

109 4. Mr. Preston will act as the pilot in command and will have direct line of sight visual 

110 observation of the aircraft at all times and will operate only within visual line of sight at 

111 altitudes at or below 400’ AGL. 

112

113 5. Prior to the start of a flight, Mr. Preston will activate and use the UAS's GPS flight safety 

114 and lost-link protocol to ensure a controlled return of the aircraft in the event of a lost 

115 link or compromised communication. 

116

117 Specific Sections of 14 CFR from Which Petitioner Seeks an Exemption. 

118

119 Mr. Preston seeks an exemption from the following FARs: 

14 CFR Part 21, Subpart H Certification procedures for products and 

parts, Airworthiness Certificates 

14 CFR Part 36 Noise standards: Type and airworthiness 

14 CFR § 45.23 Display of marks; general 

14 CFR Part 61 Certification: Pilots, flight instructors, and 

ground instructors 

14 CFR § 91.7 Civil aircraft airworthiness 

14 CFR § 91.9 Civil aircraft flight manual, marking, and 

placard requirements 

14 CFR § 91.103 Preflight action 

14 CFR § 91.105 Flight crewmembers at stations 

14 CFR § 91.109 Flight instruction 

14 CFR § 91.119 Minimum safe altitudes 

14 CFR § 91.121 Altimeter settings 

14 CFR § 91.151 Fuel requirements for flights in VFR 

conditions 

14 CFR § 91.1 73 ATC clearance and flight plan in IFR 

conditions 

14 CFR § 91.203 Civil aircraft: Certifications required 
14 CFR § 91.207 Emergency locator transmitters 

14 CFR Part 91, Subpart E Maintenance 

120

121 The Extent of Relief Sought, and Reasons for Seeking the Exemption. 

122

123 14 CFR Part 21, Subpart H. Part 21 establishes the procedures for issuance of certificates of 

124 airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701(b), 

125 the FAA may exempt aircraft from airworthiness certification. The petitioner requests an 

126 exemption from the requirements of this Part because the size, weight, speed, operational 

127 capability and proximity to airports in which the Subject UAS pose significantly less of a risk 

128 that the risks posed by conventional aircraft. Manned aircraft pose risks to the life and safety of 

129 the crew; that is not a consideration with the Subject UAS. Risks to third parties are also 

130 minimized given the lightweight and slow speed at which the Subject U AS would operate. Nor 

131 are there risks of fuel spillage or fire in the event of an accident. Thus Mr. Preston requests that 

132 the FAA waive the requirement that the Subject UAS, particularly the aircraft portion, require an 

133 airworthiness certificate. 

134

135 14 CFR Part 36. FAR Part 36, Subparts A, F and 0, establish certain noise standards for 

136 certification of various aircraft types. Because the Subject UAS would not have an airworthiness 

137 certificate, and given its small size and negligible noise impact, the petitioner requests an 

138 exemption from FAR Part 36. 

139

140 14 CFR § 45.23. FAR Part 45.23 establishes marking requirements for aircraft; paragraph (b) 

141 mandates that the registration number be displayed in letters not less than two inches in height. 

142 The Subject UAS is small enough that it cannot accommodate the type-size requirement. 

143 Accordingly, Mr. Preston requests an exemption from this part. 

144

145 14 CFR Part 61. FAR Part 61 sets forth the certification requirements for pilots. Subpart E 

146 establishes the privileges and limitations for holders of a private pilot certificate. The petitioner 

147 requests an exemption that would allow him to operate the Subject UAS for compensation or 

148 hire as part of his aerial photography business for the reasons articulated in In re Trudeau, FAA 

149 Exemption No. 11138, and In re Astraeus, FAA Exemption No. 11062. Mr. Preston will operate 

150 the Subject UAS over property where the owner or owner's representative has requested that the 

151 operation occur. Furthermore, as a holder of a private pilot certificate, Mr. Preston is an Airman 

152 who meets the knowledge base and skill level for operating an UAS. He thus requests and 

153 exemption from the requirement that he hold a commercial pilot certificate and anything other 

154 than a Third Class Medical certificate. 

155

156 14 CFR § 91.7. Under FAR 91.7, no person may operate an aircraft unless it is in an airworthy 

157 condition. To the extent that "airworthy" is defined as requiring an airworthiness certificate, the 

158 petitioner would request an exemption from this FAR for the same reasons identified in his 

159 request for an exemption of 14 CFR Part 21, Subpart H. He will not, however, operate the 

160 Subject UAS if it is not in a condition for safe flight, as required under FAR 91.7(b). 

161

162 14 CFR § 91.9. Petitioner requests exemption from the requirement of FAR 91.9, which requires 

163 that all aircraft have certain markings, placards and on-board flight manuals for the same reasons 
164 as stated in his request for exemption under 14 CFR Part 21, Subpart H, and for a deviation from 

165 the marking requirements of 14 CFR Part 36, Subparts A, F, and 0. 

166

167 14 CFR § 91.103. FAR 91.103 mandates certain pre-flight action. Petitioner will take all 

168 necessary pre-flight action, but requests an exemption from this requirement insofar as it is 

169 interpreted as requiring pre-flight actions appropriate to manned aircraft only (e.g., that flights be 

170 from an airport, etc.). 

171

172 14 CFR § 91.105. FAR 91.105 mandates that crewmembers be at designated stations, have 

173 safety belts fastened, etc. Petitioner would be at a designated ground station for each mission, but 

174 requests an exemption to accommodate the fact that the Subject UAS is unmanned. 

175

176 14 CFR § 91.109. This FAR requires that all flight instruction be conducted in aircraft that have 

177 dual controls, or throw-over controls, with an instructor. From time to time the petitioner will 

178 conduct his own refresher training, but requests an exemption insofar as this FAR would be 

179 interpreted to require that the ground control station have a second controller or dual-control 

180 capability. 

181

182 14 CFR § 91.119. FAR 91.119 sets forth the minimum safe altitudes over various areas. 

183 Petitioner requests an exemption from this this FAR in order to accomplish the intended function 

184 of the mission for which he seeks an exemption. 

185

186 14 CFR § 91.121. FAR 91.121 mandates various altimeter settings in order to maintain level 

187 flight. Petitioner requests and exemption from this FAR as the Subject UA V will not have an 

188 altimeter that matches the requirements of this FAR. Operations with the Subject UAV will, 

189 however, maintain altitude below the 300' AGL ceiling by the petitioner monitoring the altitude 

190 of the UAS and through the Subject UAS's ability to establish a flight zone that cannot exceed 

191 the ceiling. 

192

193 14 CFR § 91.151. Petitioner requests an exemption from the VFR-flight fuel carrying 

194 requirements because the Subject UAS will operate on battery power. Operations with the 

195 Subject UAS will, however, maintain a five-minute reserve battery time. 

196

197 19 CFR § 91.173. Petitioner requests an exemption from the IFR-clearance requirement for 

198 flights into controlled airspace. It is possible Mr. Preston may operate the Subject UAS in 

199 conditions that are IFR within controlled airspace (e.g., a flight on a day with less than three 

200 miles visibility in a neighborhood that falls within the Class D airspace of KBFI). He would 

201 request that, after contacting A TC for the controlled airspace, he would be allowed to operate in 

202 what might be IFR conditions, but where he still has complete and unfettered line of sight 

203 visibility with the Subject UAS. 

204 14 CFR § 91.203. FAR 91.203 requires that a civil aircraft have an airworthiness certificate and 

205 a registration certificate. Mr. Preston requests that he be exempt from complying with this FAR 

206 insofar as it mandates issuance of an airworthiness certificate, for the reasons stated in his 

207 request for an exemption under 14 CFR Part 21, Subpart H. 

208
209 14 CFR § 91.207. FAR 91.207 prohibits operation of a US-registered aircraft unless it is 

210 equipped with an emergency locator transmitter. Given the limited distance of flights of the 

211 Subject UAS, Mr. Preston requests and exemption from this FAR. 

212

213 14 CFR Part 91, Subpart E. FAR 91, Subpart E requires that owners or operators of aircraft 

214 have the aircraft inspected at certain intervals, and by certain mechanics. Petitioner requests an 

215 exemption from this Subpart because the Subject UAS has a trouble-shooting and maintenance 

216 program that is best executed by the owner/operator, and is simply different from the 

217 maintenance of manned aircraft. Petitioner will, however, maintain a maintenance log and any 

218 maintenance records of repair of the Subject UAS. 

219

220 Public Interest and Benefit Considerations. 

221

222 Until recently, aerial imaging generally required use of a manned platform. Close-proximity 

223 aerial photography is difficult to do, and usually requires the use of a helicopter or slow-moving 

224 aircraft at an appropriate distance over a populated area. The operation must be conducted in 

225 VFR conditions, and adds aircraft in congested airspace. 

226

227 By using the Subject UAS, Mr. Preston aims to provide the public with high quality, high 

228 definition aerial photography services at a fraction of the cost involved with manned flight. 

229 Furthermore, the risks inherent with manned flight are significantly reduced where the aircraft 

230 conducting the operation is less than five pounds, generally remains below 300' AGL, and can 

231 operate within a very confined space on, over or adjacent to the location being photographed. 

232 Finally, as a certificated airman, he has the knowledge and experience to conduct a safe, efficient 

233 flight operation in furtherance of his occupation. Thus the public will be better served by having 

234 more affordable aerial imaging options available through operations that are being conducted by 

235 an FAA certificated airman. 

236

237 Why the Exemptions Would Not Adversely Affect Safety. 

238 The proposed operations will not adversely affect safety for five primary reasons. 

239

240 First; the operations will be conducted in airspace where there is typically no activity among 

241 other users of the NAS. Flights are limited to property over which the owner has requested that 

242 the Subject UAS operate, so the owners will be aware of the flight operation. As a pilot himself, 

243 Mr. Preston fully recognizes the dangers that a small UAV could pose to all types of manned 

244 aircraft. The operations he is proposing to undertake pending approval of this Exemption 

245 Request are operations where manned aircraft will not fly. There would be a rigid separation 

246 between where a manned aircraft can fly (particularly due to FAR 91.119 which establishes 

247 minimum safe altitudes, to include an absolute prohibition of operating an aircraft within 500' of 

248 any structure) and where Mr. Preston would operate the UAV. 

249

250 Second; the Subject UAS is not a large aircraft. Weighing in at a maximum of just over 3 

251 pounds fully loaded, the likelihood that it would damage property or injure a person is low, even 

252 in the event of a mishap. Furthermore, aerial imaging is still something done via manned aircraft, 

253 and the risk there is at least equal to the risk posed by the proposed operation. 

254
255 Third; the Subject UAS has inherent lost-link capabilities to bring it back to its operating base 

256 for each mission. It is a redundant system for a more foreseeable problem that could arise. 

257

258 Fourth; in addition to the manufacturer’s preflight checklist (shown immediately below), Mr. 

259 Preston has devised, and strictly adheres to, a more comprehensive preflight checklist that 

260 greatly enhances safe flight operations. Mr. Preston’s enhanced preflight checklist is shown as 

261 Exhibit A near the end of this document.

262

263 Fifth; the Subject UAS will be operated only by the petitioner. Mr. Preston is a certificated pilot 

264 with sufficient flight time and experience with the subject UAS to conduct safe operations. 

265

266 Language for Inclusion in the Federal Register. 

267

268 Mr. Preston proposes that the following language be included in the Federal Register: 

269

270 Petition for Exemption. 

271

272 Federal Aviation Regulations from which Petitioner seeks exemption: 14 CFR 14 CFR Part 21, 

273 Subpart H; Part 36; § 45.23; Part 61; §§ 91. 7; 91.9; 91.103; 91.105; 91.109; 91.119; 91.121; 

274 91.151; 91.173; 91.203; 91.207; and 14 CFR Part 91, Subpart E. 

275

276 Description of Relief Sought: The petitioner is seeking an exemption from the above-referenced 

277 Federal Aviation Regulations to conduct aerial photography using a light, unmanned aerial 

278 vehicle for companies or individuals seeking aerial images of buildings, land, property, events 

279 and activities in the Chicago metropolitan area. 

280

281 Conclusion. 

282

283 Mr. Preston thanks the FAA for considering this request. Please do not hesitate to contact us 

284 should there be a need for additional information. We look forward to working with the FAA in 

285 its determination, and to being part of the discussion as the FAA considers how to expand, train, 

286 test, register, track and control commercial UAV use in the United States. 

287

288 Respectfully Submitted, 

289 Thomas G. Preston 

290 Petitioner 
291 Exhibit A: Enhanced Preflight Checklist

292 Preflight Checklist

293 UAS dAlpha: DJI Phantom 3 Professional

294  Controller Preflight

295 o Activate cellular Wi‐Fi Hotspot

296 o Set controller flight mode to “P”

297 o Controller power on

298 o Confirm controller Status LED

299 o Confirm controller battery status LEDs

300 o Power on paired tablet

301 o Install sun shield (if needed)

302 o Close all unrelated apps

303 o Launch DJI Pilot app

304  Aircraft Preflight

305 o Tighten all 4 props

306 o Install prop guards

307 o Install SD card

308 o Remove front & rear camera supports

309 o Power on aircraft

310 o Confirm aircraft battery status

311 o Perform compass calibration

312 o Asses location and set “Return to Home” altitude that clears all obstacles

313 o Confirm aircraft status LEDs

314 o Position aircraft on level surface with sufficient camera clearance

315 o Orient aircraft away from pilot

316  Systems Check

317 o Confirm active Internet connection

318 o Confirm current location map

319 o Confirm home point

320 o Tablet volume to maximum

321 o Confirm 10 or more GPS locks

322 o Confirm DJI Pilot App flight status

323 o Position controller antennas

324 o Start aircraft motors

325 o Confirm audible home point set

326 o Initiate take‐off and establish low hover

327 o Confirm all flight controls

328  Post Flight

329 o Power off aircraft first, then the controller

330 o Deactivate cellular Wi‐Fi Hotspot

331 o Close all apps and Power off tablet

332 o Remove SD card

333 o Charge all batteries
334 Exhibit B: Phantom 3 Professional UAS Component Parts

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Exhibit C: Phantom 3 Professional UAS Specifications 
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