James J. Carroll, Jr. August 10, 2015 

13401 Harbor Oaks Lane 

Charlotte, NC 28278 

Cell (704) 564-9217 

Email: airfoiled@gmail.com

U.S. Department of Transportation 

Docket Management Group 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Attachments: These attachments are too large for submission via the submission portal. 

 They are available at this website for viewing or download. 

http://www.dji.com/product/phantom-3/download

1) Phantom 3 Professional User Manual 

2) Phantom 3 Professional Quick Start Guide 

3) Phantom 3 Safety Guidelines and 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 

Dear Sir or Madam, 

In accordance with the FAA’s Guidelines for Submitting a petition Exemption under Section 

333 of the FAA Modernization and Reform Act of 2012, I, James J. Carroll, Jr., referred to 

hereinafter 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) & 91.417(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 altitudes 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 of 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 13. 

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 provisions 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 require that a 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 uses electronic GPS with a barometric 

sensor for altitude information. 

91.151(a); As discussed in Exemption 11138 (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 & 10650. In addition, 

similar UAS specific relief has been granted in Exemption 8811, 10808, & 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 power remaining reaches a specified level. Given the limitation 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. 

91.405(a); 91.407(a)(1); 91.409(a)(1); 91.409(a)(2); 91.417(a) & 91.417(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 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 recordkeeping, were sufficient to ensure that safety would not be adversely 

affected. 
The UAS 

 The DJI Phantom 3 Professional plus is a recently released successor to the DJI 

Phantom 2 series, a consumer grade small rotocraft in the quadcopter configuration with an 

advertised weight of less that 46 ounces (1280g) designed primarily to carry aloft a high 

definition camera. It has an advertised maximum speed of less than 32 knots (16m/s) and a 

maximum climb rate of less than 1000 feet per minute (5m/s). It is powered by four electric 

motors with a distance between motors of less than 12 inches (289.5mm). It utilizes an 

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

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), the distance from 

PIC, camera imagery, and to control camera angle. It has failsafe modes of operation for 

either loss of RC or GPS signal. The onboard flight controller can limit altitude, 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 10 minutes. More information is available 

at http://www.dji.com/product/phantom3

Risk Mitigation 

 The petitioner has reviewed FAA exemptions references 13 Conditions and 

Limitations sections 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 logs to record time on failure prone 

components. 

 The petitioner requests 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 non-towered 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 NOTAM 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 a mode C transponder. 
Public Interest 

 Use of UAS in lieu of 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 and 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, fertilizer and water 

consumption 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 on a “for 

hire” basis acting as an independent contractor. A visual observation will be utilized. 

Liability insurance will be obtained commensurate with the granting of this request for 

exemption. Flight data including flight time, Control Unit operation time, incident, accident, 

and details concerning any deviations from normal operations will be available to the FAA 

for use in collecting data regarding the use of UAS as part of this application. This data may 

be submitted to the FAA via traditional means, e.g. COA Monthly Reports, or other means 

as required. 

Conclusion 

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

cinematography, videography, mapping, crop 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 that pent up demand for these 

services currently exists in the real estate market and other markets are just beginning to 

emerge. 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 is a licensed pilot, holding a private pilot 

certificate for flying single-engine land aircraft since 1990. Additionally the petitioner has 

flown complex electric powered radio controlled aircraft since 2000. 

 Respectfully submitted, 

 James J. Carroll, Jr.