Joshua T Rhoden

1010 Havard

Huffman, TX 77336

Mobile: 281-844-7754

Email: josh3075@gmail.com

January 17, 2016

US Department of TransportationDocket 

Management System

1200 New Jersey Ave., SE 

Washington, DC20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 - Aerial photography, 

cinematography, videography, mapping, crop surveying, insurance inspections

Attachments

Please see the following URL for downloading or viewing of related attachment includingthe

Phantom 3 usermanual:

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

References

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481in the matter ofthe 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 ofthe 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 Joshua T Rhoden, 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 regulatedby 

the Federal Aviation Administration (FAA) for the purposes of aerialphotography, 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 theU.S. 

national airspace system as compared to a manned aircraft or other methods such as lift trucks, 

cranes or booms. Operations will be performed only at the request of, and with the authorization and 

permission of clients or their authorized agents. So long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required bySection

333. The conditions identified and proposed by the petitioner are drawn fromreference 13.

Requested Exemption

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 SPORT PILOT CERTIFICATE (or greater). 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 ifrequired.

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 SOLUTIONSLLC) 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. TheUAS 

provides battery power remaining in percent to the PIC. The UA batteries provide approximately 25 

minutes of poweredflight.

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 reducedminimum 

power reserve for flight indaytime VFR conditions was reasonable.
91.405(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 FAAfound

that adherence to the petitioner’s operating documents and the conditions and limitationsspecified, 

describing the requirements for maintenance, inspection, and record keeping, were sufficient to 

ensure that safety would not be adversely affected.

The UASes

The DJI Phantom 3 is a small rotorcraft in the quadcopter configuration with an advertisedweight 

1280g and is equipment with a custom high definition camera. It has an advertised maximumspeed 

of 36 mph. It is powered by four electric motors'. 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 also controlled in hover by Vision Positioning System that 

senses the ground. It is controlled primarily through an FCC certified radio control (RC) unit. Real 

time video and telemetry information are transmitted back to a ground control unit allowing the 

operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance fromPIC, 

camera imagery, and control camera angle. It has fail-safe modes of operation for either loss ofRC

or GPS signal. Altitude can be limited by the on-board flight controller and maximum altitude can be 

programmed by the PIC. Battery life limits flight times to approximately 25 minutes. Theon-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. A return-to-home (RTH) feature canbe manually initiated with 

the press of a button. It is anticipated that flights will usually last less than 20 minutes. More 

information is available at the attachment URL, above.

Risk Mitigation

The petitioner has reviewed FAA exemptions reference’s 13 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. Apreflight 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 logsto 

record timeon 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 fromthe

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 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.”

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.

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 greaterproportions, 

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 oftheir 

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 process of insurance underwriting evaluation and 

damage assessment will be streamlined. Areas not accessible by foot or too damaged to safely reach

data will be able to be rapidly documented. The petitioner will provide clients with photographicdata

for these purposes on a ‘for hire’ basis acting as an independent contractor. A visual observer willbe 

utilized. Liability insurance will beobtained commensurate with the granting of this requestfor

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

details concerning any deviations from normal operations will be available to FAA for use in 

collecting data regarding the use of UAS as part of this application. This data may be submittedto 

FAA via traditional means, e.g. COA Monthly Reports, or other means asrequired.

Conclusion

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

videography, mapping, crop surveying, inspections, insurance underwriting and damage evaluation,

and other flight operations”. The request for several uses of the UAS is to allow for future demandto

be met without the need for additional exemptions to be filed. There is already a high demand forreal 

estate photography, crop surveying, and aerial inspection ofproperty.
Use of an UAS would ultimately provide a tool that is far safer, more cost effective and

more timely than other methods. The primary purpose of seeking this exemption is to obtain the 

capability to offer those services while remaining in compliance with FAA regulations.

Sincerely,

Joshua T Rhoden