March 1, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request for exemption from multiple regulatory provisions to allow the use of small

unmanned aerial systems on land controlled by clients of Elvin N. Garman d/b/a Garman

Custom Services to assist in the aerial inspection of farmland and aerial photography of

real estate to be listed for sale.

Dear Sir or Madam:

We represent Elvin N. Garman d/b/a Garman Custom Services and are submitting this

Petition for Section 333 Exemption on his behalf under Section 333 of the FAA

Modernization and Reform Act of 2012 (“FMRA”)

Elvin N. Garman d/b/a Garman Custom Services (“Garman”) respectfully requests an

exemption from several provisions of Title 14 of the Code of Federal Regulations to

permit the use of small unmanned aerial systems (“UAS”) to conduct aerial inspections

of farmland and take aerial photography of real estate. While an exemption would not

eliminate the current need for in-person visual inspection, it would allow Garman to more

safely and efficiently conduct aerial inspections of farms, roofs, and towers and to

conduct aerial real estate photography. Accordingly, the grant of an exemption is

consistent with Congress’s intent, reflected in Section 333 of the FAA Modernization and

Reform Act of 2012, that safe systems be permitted in the national airspace prior to the

issuance of final regulations governing general use of these systems. A summary of this

request suitable for publication in the Federal Register is provided in Appendix A.

Appendix B provides the manufacturer’s maintenance guide for the UAS to be utilized

under this Exemption.

Appendix C provides the technical specifications for the UAS to be utilized under this

Exemption

Appendix D provides the manufacturer’s user manual for the UAS to be utilized under

this Exemption.

Background Information

Garman would like to provide agricultural inspection services to farming clients, other

aerial inspection services to landowners, and overhead photographs of real estate for use

in real estate sales listings. Demand for such services is increasing in the market, and

Garman desires to fill this space in the market.
Regulatory Basis for Exemption Request

In addition to the waiver authority provided in Section 333 of the FAA Modernization

and Reform Act of 2012, the FAA may grant an exemption under 49 U.S.C. § 44701(f) if

it determines that granting such an exemption is in the public interest. Additionally, FAA

regulations require that a petitioner explain why granting an exemption would not

adversely affect safety or how the exemption would provide at least an equivalent level of

safety as compliance with the underlying regulation. In this case, approval of the this

exemption would advance public interest by drastically increasing the safety of

agricultural and real estate sales fly-overs by utilizing much smaller aircraft and allowing

for such fights to occur at a fraction of the cost of such activity if performed by a

helicopter or fixed-wing aircraft.

As described more fully below, the requested exemption would permit the operation of

UAS under controlled conditions ensuring that their use would have an adverse effect on

public safety. In fact, by utilizing much smaller, unmanned aircraft, the dangers to those

in the air and on the ground is drastically reduced.

Granting an Exemption will not Adversely Affect Safety

Garman notes that there is no applicable standard for an equivalency determination.

Some have argued that the appropriate standard is that which applies to model aircraft.

Given the major differences in purposes of use between model aircraft and the UAS

contemplated here, those rules are not adequate. By the same token, there is even less

equivalency between the UAS uses contemplated here and those associated with

traditional, manned aircraft. Based on the fact that there are no true equivalent standards,

it is a better course to focus on why the contemplated operations would not adversely

affect safety as directed by 14 C.F.R. § 11.81.

Granting an exemption will not adversely affect safety. Garman contemplates conducting

UAS operations only on sites owned or controlled by its clients. Garman only

contemplates operations during daylight hours and at altitudes well below that which

would pose a risk to other aircraft. The nature of operations anticipated by Garman

requires that the UAS be flown at relatively low altitudes and relatively low speeds. It is

anticipated that Garman’s operations will never require that the UAS be flown more than

400 feet above the ground. Additionally, to protect those on or near the ground, the UAS

will be flown no less than 100 feet above the ground except during takeoff and landing.

In the event that Garman operates a UAS within three miles from any public airport, it

will be Garman’s policy to inform the airport operator and airport air traffic control tower

of the contemplated operation. Additionally, Garman will comply with any directions

issued by air traffic control at the airport.

Approval of these requested exemptions will additionally enhance safety by reducing

risk. Conventional operations would require that large aircraft, weighing several

thousand pounds, fly at extremely low altitudes to inspect and take the kind of
photography envisioned by Garman. These craft would be carrying large amounts of

combustible fuel. Conversely, the UAS contemplated in this petition weighs less than five

pounds and is powered by lithium polymer batteries. Additionally the UAS is carried to

the site where it is to be used. The UAS will carry no passengers or crew, and therefore,

will not expose them to the risks associated with manned flights.

The operation of small UAS, weighing less than five pounds, conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant

of the exemptions requested herein, including Section 333 Aircraft Exemption Status

exempting the applicant from conventional aircraft requirements and allowing

commercial operations. These lightweight aircraft operate at slow speeds, close to the

ground, and in a controlled environment and, as a result, are far safer than conventional

operations conducted with helicopters or other large manned aircraft operating in close

proximity to the ground and people.

All operations will be within visual line-of-sight (i.e., no more than approximately 0.5

miles from the manipulator of the controls, or pilot in command (PIC)). Each PIC will

conduct at least three take-offs and landings with the UAS on which he or she is trained

every 90 days. PIC’s will establish their qualifications thru a combination of aeronautical

knowledge, UAS airmanship skills, and verification through testing of flight ability before

infrastructures operations have commenced. Garman also intends to utilize one grand based

visual observers during all flights. These obesrvers will be within constant visual line of

sight and in constant contact with the PIC. The visual observers will assist the PIC in

avoiding objects near the UAS.

There are no standards for either Private or Commercial UAS pilot certificates. The safe

operation and control of the UAS as described in this application does not depend on the

type of FAA license held by the PIC. Given the restricted and controlled airspace within

which operations will take place, the key factors needed by the PIC are knowledge of the

airspace within which the operation will take place and how that airspace fits into the

National Airspace System (NAS). An equivalent level of safety as required under 14

C.F.R. 61.113(a) and (b) will be achieved because no PIC will be allowed to operate the

UAS unless that PIC has met certain flight-hour and currency requirements

demonstrating that the PIC is able to safely operate the UAS in a manner consistent with

the operations specifications in this exemption, including evasive and emergency

maneuvers. All of the UAS flights under this exemption will be incidental to Garman’s

business, and none will carry passengers or property for compensation or hire.

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant

issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what

is being used today to accomplish the same mission, and (3) what precautions will be

taken to ensure the safety of those in the area of operation. Under this exemption, the PIC

shall have at least an FAA Private Pilots Certificate and a Class III medical; the aircraft

shall be less than five pounds rather than several thousand pounds; and the aircraft will

only be operated at sites owned or controlled by Garman’s clients after notice to any

persons likely to encounter the aircraft. Should there be any mechanical or pilot issue,

the UAS poses significantly less of a threat than the helicopters and fixed wing aircraft
now being employed because they are a fraction of the size, carry no flammable fuel, do

not carry crew or passengers, and pose no risk to others.

PICs of the UAS under this exemption shall have completed a minimum of 200 flight

cycles and 25 hours of total time as a UAS pilot and a minimum of five hours as pilot of a

UAS with the same make and model of the UAS to be utilized. PICs shall have also

undergone a qualification process as specified in the Flight Operations & Procedures

Manual consisting of a knowledge and skill test of the aircraft to be used.

Additionally, just like commercial pilots, private pilots are subject to security screening

by the Department of Homeland Security. Public safety would be served under this

exemption as PICs would not be able to get around that requirement.

Garman intends to use commercially available UAS Components for UAS. These UAS

systems will be tested for quality & safety in our test facility before being deployed to the

field. We have a routine maintenance program to verify that the UAS will remain in safe

and operational condition. Please see Appendix B, for detail regarding such program.

Notes Regarding Certain Provisions Garman Is Not Requesting Relief From

14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 in reference to 49 USC

44704, and in consideration of the size, weight, speed, and limited operating area associated

with the aircraft and its operation, we request that this aircraft exemption meets the

conditions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and

any associated noise certification and testing requirements of part 36, is not necessary.

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

Given the size of the UAV, two-inch lettering will be impossible. UA will be identified by

serial number, registered in accordance with 14 CFR part 47, and have identification

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as

practicable.

14 CFR § 91.7(a) Civil Aircraft Airworthiness

Garman’s request is based on the fact that no airworthiness certificate will be issued for

the UAS. Garman’s UAS will not require an airworthiness certificate in accordance with

14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be

issued, exemption from § 91.7(a) is not necessary.

14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard

The original intent of these regulations was to display an aircraft’s airworthiness,

certification, and registration documents so they would be easily available to inspectors

and passengers. Based on the FAA Memorandum subject “Interpretation regarding

whether certain required documents may be kept at an unmanned aircraft’s control

station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and

91.203(a) and (b) is not necessary.
§ 14 CFR 91.119(b): Minimum safe altitudes

Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable,

because the Garman operations will only be conducted within the secured area described

herein.

Safety Operations and Procedures Overview

Technology Considerations:

1. Auto descent (landing) if communication signal were to be severed. If the UAS loses

communications, the UAS will have capability to return to a safe pre-determined location and

land.

2. Auto descent (landing) if battery were to drop lower than nominal level.

3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real-time positioning feedback. In other words, we can

monitor the scene from the vehicle's perspective for collision avoidance, and to maintain

spatial orientation.

5. The UAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle health at all

times: speed, altitude, number of GPS satellites (when available), heading and voltage.

7. GPS lock supplies for return-to-home (RTH). In the highly improbably instance that

Command and Control link failures occur, vehicle returns automatically to the point of

launch.

8. Altitude information will be provided to the UAS pilot via a digitally encoded telemetric

data feed, which downlinks from the aircraft to a ground-based on-screen display. This

altitude information will be generated by equipment installed on board the aircraft, using

GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any

combination thereof. Prior to each flight, a zero altitude initiation point will be established

and confirmed for accuracy by the pilot.

Mechanical/Physical:

1. Garman will fly line-of-sight (LOS) only. The vehicle will always remain in direct LOS to

the pilot, thus eliminating the concern of signal severance due to flying behind

2. The UAS will weigh less than 15 pounds and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet above ground level.

5. Flights will be operated at an altitude of no less than 100 feet above ground level except

during takeoff and landing.

6. Fireproof bags for storage and charging of high capacity lithium polymer batteries on-site.

7. UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as

otherwise authorized by the FAA.

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot,

gimbal op, director)

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle

control/communication.

3. All personnel performing flight duties will be fully briefed as to all necessary aspects of
the flight prior to commencement of flight.

4. Observer and pilot will at all times be able to communicate by voice.

5. Written and/or oral permission from the relevant property holders will be obtained.

6. Pilot and observer will have been trained in operation of UAS generally and received upto-date information on the particular UAS to be operated.

Operations:

1. The unmanned aircraft (UA) must weigh less than 15 pounds, including energy

source(s) and equipment. Operations authorized by this petition of exemption are the

following aircraft described in the operating documents; DJI Phantom 3 Professional

Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new

petition or a petition to amend this grant.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground level, as

indicated by the procedures specified in the operator’s manual.

4. The UA must be operated within visual line of sight of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA-issued medical certificate.

5. All operations must utilize a visual observer. The visual observer may be used to

satisfy the visual line of site requirement as long as the PIC always maintains visual line

of site capability. The visual observer and PIC must be able to communicate verbally at

all times.

6. The operating documents and this petition of exemption must be maintained and made

available to the Administrator upon request. If a discrepancy exists between the

conditions and limitations in this exemption and the procedures outlined in the operator’s

manual, the conditions and limitations herein take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operator’s manual.

The operator may update or revise its operating documents. It is the operator’s

responsibility to track such revisions and present updated and revised documents to the

Administrator upon request. The operator must also present updated and revised

documents if it petitions for extension or amendment. If the operator determines that any

update or revision would affect the basis for which the FAA grants this petition for

exemption, then the operator must petition for amendment to their exemption. The FAA’s

UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates

or revisions to the operator’s manual.

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the

aircraft is prohibited from operating until the necessary maintenance has been performed

and the UAS is found to be in a condition for safe flight. The Ground Control Station, if

utilized, must be included in the preflight inspection. All maintenance and alterations

must be properly documented in the aircraft records.
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation

or flight characteristics, e.g. replacement of a flight critical component, must undergo a

functional test flight in accordance with the operator’s manual. The PIC who conducts the

functional test flight must make an entry in the UAS aircraft records of the flight.

9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements.

When unavailable, aircraft maintenance/component/overhaul, replacement, and

inspection/maintenance requirements must be established and identified in the operating

documents. At a minimum, requirements for the following must be included in the

operating documents:

a. Actuators / Servos;

b. Transmission (single rotor);

c. Powerplant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and

j. Any other components as determined by the operator;

10. The Pilot In Command (PIC) must possess at least a private pilot certificate and at

least a current third-class medical certificate. The PIC must also meet the flight review

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his

or her pilot certificate.

11. The operator may not permit any PIC to operate unless the PIC meets the operator’s

qualification criteria and demonstrates the ability to safely operate the UAS in a manner

consistent with how the UAS will be operated under the exemption, including evasive

and emergency maneuvers and maintaining appropriate distances from persons, vessels,

vehicles, and structures. PIC qualification flight hours must be logged in a manner

consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s

PICs are permitted under the terms of the exemption. However, training operations may

only be conducted during dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are considered

non-participants, and the PIC must operate the UA with appropriate distance form

nonparticipants in accordance with 14 C.F.R. 91.119

12. Prior to any flight operations authorized by this petition of exemption, the PIC and

VO must have successfully completed a qualification process, as outlined in the operating

documents. As this is a requirement stipulated by the operator, the test must be developed

and implemented by a qualified person designated at the sole discretion of the operator. A
record of completion of this qualification process must be documented and made

available to the Administrator upon request.

13. The UA may not be operated directly over any person, except authorized and

consenting personnel, below an altitude that is hazardous to persons or property on the

surface in the event of a UAS failure or emergency.

14. Regarding the distance from participating persons, the operating documents safety

mitigations for authorized and consenting personnel. At all times, those persons must be

essential to the operations.

15. Regarding distance from nonparticipating persons, the operator must ensure that no

persons are allowed within 500 feet of the area except those consenting to be involved

and necessary for the infrastructure inspection operations. This provision may be reduced

to no less than 200 feet if it would not adversely affect safety and the Administrator has

approved it. For example, an equivalent level of safety may be determined by an aviation

safety inspector’s evaluation of the infrastructure inspection area to note terrain features,

obstructions, buildings, safety barriers, etc. Such barriers may protect nonparticipating

persons from debris in the event of an accident.

16. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the security perimeter and land or be recovered in

accordance with the operator’s manual.

17. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the operator’s manual.

18. Each UAS operation must be completed with 25% battery power remaining.

19. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under this petition of

exemption. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the

operation.

20. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as

large as practicable.

21. The operator must develop procedures to document and maintain a record of the UAS

maintenance, preventative maintenance, alterations, status of replacement/overhaul

component parts, and the total time in service of the UAS. These procedures must be

added to the operator’s manual.

22. Each UAS operated under this exemption must comply with all manufacturer Safety
Bulletins.

23. The operator must develop UAS technician qualification criteria. These criteria must

be added to the operator’s manual.

24. The preflight inspection section in the operator’s manual must be amended to include

the following requirement: The preflight inspection must account for all discrepancies,

i.e. inoperable components, items, or equipment, not covered in the relevant preflight

inspection sections of the operator’s manual.

25. Before conducting operations, the radio frequency spectrum used for operation and

control of the UA must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

26. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to

the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Administrator or any law enforcement

official upon request.

27. The UA must remain clear and yield the right of way to all other manned operations

and activities at all times (including, but not limited to, ultralight vehicles, parachute

activities, parasailing activities, hang gliders, etc.).

28. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1.

All operations must be conducted under visual meteorological conditions (VMC).

Flights under special visual flight rules (SVFR) are not authorized.

29. The UAS may not be operated by the PIC from any moving device or vehicle.

30. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

31. 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 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.

32. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to

the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported

to the National Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted until the

incident, accident, or transgression is reviewed by AFS-80 and authorization to resume

operations is provided.
Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. § 11.81, Petitioner provides

the following information:

Contact Information:

Garman Custom Services

Elvin N. Garman, Owner

2269 Hickory Bottom Road

Martinsburg, PA 16662

(814) 329-2458

Regulatory Provisions from which Garman seeks an Exemption

Garman believes it may need an exemption from the following provisions to conduct the

contemplated operations. In some instances, relief is needed because relief from another

provision renders compliance with the regulation at hand infeasible.

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(b) and (c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)(1) and (2)

14 C.F.R. §91.417(a) and (b)

Garman believes an exemption is only needed from the above-listed regulatory

provisions. To the extent that the FAA believes that additional relief is required for

Garman to conduct the operations described here, we request an exemption from any

such regulatory provisions as well.

The Extent of Requested Relief and the Reasons Relief is Needed

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the

requirement for an airworthiness certificate based on a consideration of the size, weight,

speed, operational capability of the particular UAS, as well as its proximity to airports

and populated areas. An analysis of these criteria demonstrates that the UAS operated

without an airworthiness certificate in the areas and under the conditions contemplated by

Garman will be at least as safe, or safer, than a conventional aircraft (fixed wing or

rotorcraft) operating with an airworthiness certificate without the conditions proposed in

this request.

The UAS is less than 15 lbs. fully loaded, carries neither a pilot nor passenger, and

operates exclusively within a secured area. Unlike other civil aircraft, operations under

this exemption will be tightly controlled and monitored by the operator and observer.

Operations will be conducted in compliance with the FAA and with local public safety
requirements to provide security for the area of operation as is now done with

conventional equipment, infrastructure, bridge and out building evaluation. These safety

enhancements provide an expanded degree of safety to the inspectors over conventional

operations. Lastly, application of these same criteria demonstrates that there is no

credible threat to national security posed by the UAS, due to its size, speed of operation,

location of operation, lack of explosive materials and inability to carry a substantial

external load.

Given the size and limited operating area associated with the aircraft to be utilized by the

Applicant, this meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and

Section 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 demonstrates that the UAS

operated without an airworthiness certificate, in the restricted environment and under the

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.

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds

a private pilot certificate may act as pilot in command of an aircraft that is carrying

passengers or property for compensation or hire; nor may that person, for compensation

or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of

an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or

hire.

*****

Garman anticipates using specially trained staff to conduct the UAS operations. While

these individuals will not hold commercial pilot licenses. The UAS will not carry

property for compensation or hire since they will be used solely to assist in evaluation of

the infrastructure, equipment, right-of-way, assets, bridges, tunnels and out-buildings in

furtherance of Garman’s client’s primary business, the successful operation of a

infrastructure; however, the employees’ operation of the UAS will not be incidental to

their employment with Garman, and they will be compensated for such work.

Without an exemption, the pilot would be required to hold a commercial pilot certificate

under §61.133. However, the risk associated with the contemplated operations is less than

the risk posed by a traditional aircraft. The UAS will fly at altitudes well below the

permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within

a geographical envelope under the sole control of Garman clients. Accordingly, the risk
would be limited to Garman personnel, who will be appropriately outfitted in safety gear,

and Garman client’s property on the ground. Requiring a commercial pilot certificate

would provide no appreciable safety benefit and would needlessly impose additional cost

on Garman. Because the contemplated operations would not comply with §61.113(b)(1)

and none of the other exceptions to paragraph (a) apply, relief is needed from both

paragraphs (a) and (b).

14 C.F.R. 91.119(b) and (c)

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below

the following altitudes:

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over

any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle

within a horizontal radius of 2,000 feet of the aircraft.

***

(c) Over other than congested areas. An altitude of 500 feet above the surface, except

over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.

*****

Garman submits that the only relief it requires from §91.119 is from the minimum

altitudes listed in subparagraphs (b) and (c). Relief is required from these paragraphs for

aerial operations because evaluations conducted at 500 feet or higher are insufficiently

distinct to be meaningful. Since operations at this altitude also pose a heightened risk of

collision with another aircraft, safety can only be assured through the grant of an

exemption. Additionally, relief should not be needed from paragraph (a) because an

emergency landing of the aircraft due to a power failure will not create an undue hazard

to persons or property on the surface.

14 C.F.R. 91.121

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an

appropriate altimeter setting available before departure.”

*****

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An equivalent level of safety will be achieved by the operator,

pursuant to the Manual and Safety Check list, confirming the altitude of the launch site

shown on the GPS altitude indicator before flight.

Altitude information will be provided to the UAS pilot via a digitally encoded telemetric data

feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude

information will be generated by equipment installed on board the aircraft, using GPS

triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any

combination thereof. Prior to each flight, a zero altitude initiation point will be established
and confirmed for accuracy by the pilot.

14 C.F.R. 91.151

§91.151 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.

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20

minutes.

*****

Operating the UAS in a pre-defined area with less than 30 minutes of reserve fuel does

not raise the type of risk contemplated by §91.151, i.e., that an aircraft could

run out of fuel in the event it has to be flown to an alternate airport or circle the planned

airport in the event of unanticipated conditions. Garman does not intend to use the UAS

for point-to-point flights and will not operate the UAS beyond visual line of sight. Nor

will the UAS require an airport in order to land. Rather, Garman will operate the UAS

using pre-planned flight paths (taking into account weather conditions) designed to allow

the UAS to fly to the point of intended landing. As such, there is no need for a time-based

excess fuel requirement. Rather it should be sufficient to require only as much additional

excess flight capacity as necessary to safely land the UAS. We believe that a 25% battery

reserve is more than sufficient to meet this objective.

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)

§91.405 Maintenance required.

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 part 43 of this chapter;

*****

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or

alteration.

(a) No person may operate any aircraft that has undergone maintenance, rebuilding, or

alteration unless –

(1) It has been approved for return to service by a person authorized under §43.7 of this

chapter;

*****

§91.409 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.

*****

§91.417 (a) & (b)

*****

Garman believes that an exemption from these three maintenance requirements is

appropriate because the FAA has not developed maintenance standards that would allow

an operator to meet the part 91 maintenance requirements. In particular, there are no

individuals authorized by the FAA to approve a UAS for return to service under

§91.407(a) or to conduct the initial airworthiness and annual return to service inspections

required by §91.409(a). Garman will maintain the aircraft as instructed in the owner’s

manual and ASTM F2909, where applicable, and will not operate the aircraft until it has

reasonably determined that any needed repairs have been made. However, because of the

technical impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and

417(a)&(b), we believe an exemption from these provisions is appropriate.

Thank you for your consideration of this matter. Please do not hesitate to contact

me with any questions or concerns.

Respectfully submitted,

McQuaide Blasko, Inc.

/s/Christopher T. Michelone

Christopher T. Michelone, Esquire

(814) 283-2000

ctmichelone@mqblaw.com
Appendix A

Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register should the FAA determine that publication is needed.

Petitioner: Elvin N. Garman d/b/a Garman Custom Services

Sections of 14 C.F.R. Affected:

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(b) and (c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)(1) and (2)

14 C.F.R. §91.417(a) and (b)

Description of Relief Sought

Petitioner seeks relief from the requirements of 14 C.F.R. §§ 61.113(a) and (b); 91.119(b)

and (c); 91.121, 91.151; 91.405(a); 91.407(a); 91.409(a)(1) and (2); and 91.417(a) and

(b) to conduct small unmanned aerial systems operation over Petitioner’s client’s owned

or controlled property during daylight hours for aerial photography purposes. Petitioner

shall fly its UAS at an altitude of no greater than 400 feet above the ground and no less

than 100 feet above the ground except during takeoff and landing. Therefore the risk of

interference with other aircraft and with people and objects at or near ground level is

minimal. If Petitioner seeks to fly its UAS within five nautical miles of an airport,

consent of the airport’s management shall be obtained prior to commencing flight.
Appendix B

Manufacturer’s Maintenance Guide
DJI Phantom 3 Maintenance Guide

• Intelligent Flight Battery Maintenance.

1: Before and after flight its good to check the battery for any damage or swelling. if you notice 

damage its best to not use it anymore, discharge it to 10% and dispose of it. Do nor pierce or 

disassemble the battery a sit could catch fire.

2: make sure the four contact pins on the battery as well as the main power connectors. You can 

use DeoxIT to keep them i good condition to maintain good contact ( note DeoxIT goes a long 

way, only use a tiny bit ). Also check/clean the contact pins/connector in the Phantom 3’s 

battery bay.

3: Use the DI Pilot App to check the cell voltage of the battery and ensure they are similar. 

Variations in the cell voltage of a battery can signify cell damage and the battery should not be 

used. 0.2v above or below could mean a problem.

4: make sure if you have spare batteries that you update the firmware on them also. Just do as 

you would updating the Phantom’s firmware.

• Aircraft Maintenance.

1: Go over the Phantom’s screws and verify they are all still tight. You will need a T6 and T8 

Torx screwdrivers for this task.

2: Check over the Phantom’s body and check to cracks, blown out seams.

3: Spin the motors to make sure they move freely, listen out for any abnormal noise. Also run 

the motors with the propellers off and listed for a sound difference.

4: Check the landing gear and make sure there is no damage to the antennas or compass. Also 

check the little pads on the bottom and replace if broken/damaged.

5: Check the rubber dampers for damage and that they are seated correctly. Verify that the antidrop pins are fitted.

6: Check gimbal movement is OK. Listen for any unusual noise.

7: Check the VPS ( Vision Positioning System ) is clean as dirt could reduce its performance.

8: Check the props for cracks and chips as well as wear to the hub.

• PHANTOM 3 SOFTWARE SAFETY FEATURES

The software safety features on a Phantom 3 Professional include the following:

If the battery charge falls below 23% the aircraft will automatically return to the point of takeoff 

immediately, thereby eliminating any risk of it falling out of the air with unresponsive propellers and 

controls.

If for any reason the aircraft loses communication with the ground based controller it will also 

immediately return to the point of takeoff.

At any time if the pilot in command becomes aware of any flight risks such as wind conditions or 

ground hazards such as unexpected human activity the aircraft can be recalled immediately by touching

a single button on the controller.
Appendix C

Technical Specifications of UAS


Appendix D

Manufacturer’s User Manual for UAS

The manufacturer’s user manual can be found at:

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_

_V1.6.pdf