August 6, 2015

Tommy N. Turner

ThreeD.Space

3278 Deerfield Ct.

Williamsburg, VA 23185

(757) 784-0979

tommy@threed.space

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

Subject: Exemption Request to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 

(3)(c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 91.103, 91.121, 91.203, 91.151

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 C.F.R. Part 11, I, Tommy N. Turner, a licensed Private Pilot and professional 

photographer, hereby applies for an exemption from the Code of Federal Regulations 

(C.F.R), Federal Aviation Regulations (FARs) identified, to allow commercial operation 

of lightweight Unmanned Aircraft Systems (UAS) for aerial imaging and video. This 

exemption is made based on information outlined in this petition, to allow commercial 

operation of a DJI Phantom 3 Professional multi-rotor equipped with a three-axis 

gimbaled camera, DJI Phantom 2 Vision Plus multi-rotor equipped with a three-axis 

gimbaled camera, and a RF- 70 fixed wing sUAS equipped with a fixed position multispectral camera, so long as operations are conducted within and under the conditions 

outlined herein or as may be established by the Federal Aviation Administration (FAA) 

as required by 333.

1. Types of Operations

The requested exemption would permit the operation of small, unmanned 

multirotor aircraft under controlled conditions to provide the following services to the 

community;

a. Real Estate photography

b. Aerial Survey

c. Aerial Photo/video

d. Promotional advertising material

e. Inspections of real estate properties

f. Public entity support operations

g. Precision agriculture aerial surveying
h. Communications infrastructure inspection/monitoring

i. Wildlife and forestry monitoring

j. Pipeline inspection and patrolling 

k. Construction site inspection and monitoring

l. News media coverage

This exemption would permit operation of an ultra-light weight, unmanned (piloted by

remote control) in predetermined areas away from the general public, airports, heliports,

and vehicular traffic. Operations would be conducted within federal guidelines, by a FAA

Licensed Private Pilot with the assistance of an Observer. Operations would be conducted

after carefully reviewing, inspecting, and examining the area of aerial operation to ensure

the safety of persons and property.

2. REQUESTED RELIEF

I am requesting a grant of exemption of the following sections of Title 14 of the Code of

Federal Regulations:

 14 CFR 21;

 14 CFR 91, et seq;

 14 CFR 45.23 (b);

 14 CFR 61.113 (a) & (b);

 14 CFR 407 (a)(1);

 14 CFR 409 (a)(2);

 14 CFR 417 (a) & (b).

I am also requesting an Exemption from Section 333 of the FAA Reform Act and Part 11

of the Federal Aviation Regulations for the following:

 14 CFR 45.23 (b);

 14 CFR Part 21;

 14 CFR 61.113 (a) & (b);

 91.7 (a);

 91.9 (b) (2);

 91.103 (b);

 91.119;

 91.121;

 91.151 (a);

 91.203 (a) & (b);

 91.405 (a);

 91.407 (a) (1);

 91409 (a) (2);

 91.417 (a) & (b).
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 91.7 (a)

14 CFR § 91.203 Given the size, weight, speed, and limited operating area

associated with the UAS aircraft to be utilized, I am asking exemption from 14 CFR Part

21,Subpart H(Airworthiness Certificates) and §91.203 (a) and (b) (Certifications 

required), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under14 CFR Part 11 and Section 333 of 

the Reform Act.

The Federal Aviation Act U.S.C. 44701 (f) and 333 of the Reform Act both 

authorize the FAA to Exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular UAS. In all cases, an analysis 

of these criteria demonstrated that the UAS operated without an airworthiness certificate, 

in the restricted environment and under conditions proposed, will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. I request an 

exemption from 14 CFR 91.7 (a) Civil Aircraft Airworthiness.

14 C.F.R. 45.23(b): Marking of the Aircraft

Furthermore I request an exemption from §45.23 Marking of the aircraft because 

my UAS will not have a cabin, cockpit or pilot station on which to mark certain words or

phrases. Additionally two -inch lettering is difficult to place on such a small aircraft with

dimensions smaller than the minimal lettering requirement.

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

needed. The word “Experimental” could be placed on the UAS to comply with 45.29 (f) 

in a size suitable for the available space. The UAS is equipped with LED lights to aid in 

visibility.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Under §61.113 (a) and(b) private pilots are limited to non-commercial operations,

however I can achieve an equivalent level of safety as achieved by current regulations

because my UAS does not carry any pilots or passengers. I have a Private Pilots License

and will ensure all operations are conducted by a person with at a minimum a Private 

Pilots Certificate.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

An exemption to the part will be needed since there is nowhere to place a copy of 

a flight manual on board the UAS.

14 C.F.R. 91.103 (b)(1), (b)(2): Preflight Action
This requires each PIC to take certain actions before flight to insure safety of 

flight. There is no approved flight manual, however the PIC will take actions prior to 

flight by reviewing the weather, flight battery requirements, and ensuring there is a safe 

location to

land and depart so as not to cause undue hazard to people or property on the ground. The

manufactures manual will be used prior to flight to ensure safety.

14 CFR 91.119: Minimum Safe Altitudes

Due to the limitation that operations be conducted at or below 400 feet AGL, an

exemption will be necessary to meet 91.119. The typical UAS flight will be operated as

follows:

1) Operate the UAS for 10-15 minutes per flight, land my UAS according to the

manufacturer’s recommended minimum level of battery power.

2) Operate my UAS only within visual line of sight (VLOS).

3) Always obtain all necessary permissions prior to operation.

4) Procedures in place to abort flights in the event of safety breaches or potential

danger.

14 CFR 91.121: Altimeter Setting

The UAS is not equipped with an altimeter setting device. GPS will be used on

board the UAS to determine altitude by reference to the ground (AGL).

14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

An exemption from 91.151 will be necessary as the normal flight time will only 

be 10- 15 minutes. The UAS is fueled by battery power and a long duration flight is not 

possible. Also since all flights will be conducted Line of Sight (LOS), this requirement is 

not applicable.

14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections

These regulations require the owner/operator to have the aircraft inspected as

prescribed in subpart E of this part. An equivalent level of safety will be maintained

because of the small size and limitations of this UAS. Maintenance will be accomplished

by the operator pursuant to the owners manual. The operator will ensure that the UAS is 

in proper working order prior to each flight, perform necessary maintenance, and keep a

log of maintenance. The operator is the person most familiar with the UASs operation 

and is best suited to maintain in an airworthy condition to provide equivalent level of 

safety.

3. Commercial and Public Benefits

Granting this exemption will by provide a safe (by way of a unmanned system) and
efficient means to meet technical problems solvable by elevated data collection 

instruments. Our typical customer base is small to medium size business and individuals 

who would be unable to acquire this service by manned aircraft due to it being cost 

prohibited. By moving these functions to UAS based aircraft not only can more people 

benefit from this service but it will reduce aircraft noise, pollution, reduce airport 

congestion.

In addition, it will reduce the amount of people and property exposed to the 

hazards of a manned aircraft flying at low altitude with the potential for catastrophic 

results. There are no combustibles on-board the UAS, thus eliminating the risk of 

explosion and fire due to a crash. The operation of this UAS will minimize ecological 

damage and promote economic growth by providing information to companies in the area 

that would otherwise be unavailable. Additionally, this system would eliminate a 

distraction to air traffic controllers who must monitor an aircraft that usually wants' to 

take pictures in the "wrong place at the wrong time" thus reducing workload on ATC.

The use of UAS, would allow these services to be provided and thus benefit both the

community and aviation by:

1. Providing a lower cost to the individual needing these services.

2. Zero emissions from the UAS.

3. Reduced noise over an aircraft.

4. Reduced hazard to people or property on the ground.

The use of a UAV will provide a level of safety at least equal to existing rules and 

will only be operated in a safe environment that is strictly controlled. Operations will 

only be conducted after a careful review of the area and weather conditions. Safety is the 

number one priority.

4. SUMMARY

Granting this exemption is a "win- win" situation for individuals in need of this 

service. The community benefits from reduced pollution and noise. The economy

benefits by the creation jobs for small businesses. The consumer benefits from reducing 

the cost of this service. The FAA benefits by regulating the use of UASs so that safety 

and accountability can be maintained and monitored.
Approval of exemptions allowing commercial operations of UASs in the media 

will enhance safety by reducing risk associated with conventional aircraft operations. The

operation of UASs weighting less than 55lbs by a certified pilot will enhance safety to the

community increase awareness of properly flown UASs, eliminate the risk of collision 

with aircraft operating in the airspace and around airports and provide jobs.

Tommy Turner

ThreeD.Space

3278 Deerfield Ct.

Williamsburg, VA 23185

(757) 784-0979

tommy@threed.space