Tom Chapman 

6626 Cedar Brush 

San Antonio, TX 78257 

(210) 861-7614 

tomrv4@me.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

January 27, 2016 

Subjeet:"Exemption Request to Sectien-333 ofthe FAA Reform Act and Part 11 ~-~'"''M-~ 

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 of2012 and 

14 C.F.R. Part 11, I, Tom Chapman, a licensed Private Pilot, hereby applies for an 

exemption from the Code of Federal Regulations (C.F.R), Federal Aviation Regulations 

(F ARs) identified, to allow commercial operation of lightweight Unmanned Aircraft 

Systems (UAS) for .. aerial imaging avdvideo. This exemption is made based on 

information outlined in this petition, to allow commercial operation of a DJI Phantom 3 

Advanced, and DJI Phat;ttom 3 Professional multi-rotor equipped with a three-axis 

gimbal~d 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 OPERATION: 

The requested exemption would permit the operation of small, unmanned 

.niuHTrofor aircra:ff uri.der controlled coridifioiis'io-provide the following services to the 

community; 

a. Real Estate photography 

b. Aerial Survey 

c. Aeri~l Photo/video 

d. Promotional advertising material 

e. Inspections of real 'es~ate 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 

1. 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: 

0 14 CFR21; 

0 14 CFR 91, et seq; 

0 14 CFR 45.23 (b); 

0 14 CPR 61.113 (a) & (b); 

0 14 CPR 407 (a)(1); 

0 14 CPR 409 (a)(2); 

0 14 CPR 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: 

0 14 CFR 45.23 (b); 

0 14 CPR Part 21; 

0 14 CPR 61.113 (a) & (b); 

0 91.7 (a); 

D 91.9 (b) (2); 

0 91.103 (b); 

091.119; 

cr9T.r2T; 

0 91.151 (a); 

0 91.203 (a) & (b); 

0 91.405 (a); 

0 91.407 (a) (1); 

0 91409 (a) (2); 

0 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 CPR 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 CPR 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 

ofthese criteria demonstrated that the UAS·operated·'withoutan airworthiness eert-ifieate; 

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 CPR 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 U AS 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)atiC1{6) prfvate pilots··ru-e·limited to :non-commercial operations, 

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

because my U AS 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 mtnimunrtevel 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 U AS 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 

Thest:rregulations requirtftnirowfiet/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 U AS 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 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 Are~ 

The use ofUAS, 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 UA V 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. ADDITIONALLY: 

1) I will not operate within 5 miles of an airport unless prior contact to Air Traffic 

Control or the airport manager has been made. 

2) I will land my UAS prior to manufacturer recommended minimum level ofbattery 

power. 

3) My UAS uses GPS and a flighrsafetyTeaturewhereby it returns to a preprogrammed 

position and then slowly lands if communication with the remote control pilot is lost. 

4) I actively analyze flight data and other sources of information to constantly update and 

enhance safety protocols. 

5) I conduct extensive pre-flight inspections and protocol, during which safety carries 

primary importance. 

6) I always obtain all necessary permissions prior to operation. 

7) I have procedures in place to abort flights in the event of safety breaches or potential 

danger. 

8) I will pilot my U AS through remote control by line of sight, with the assistance of an 

observer. 
5.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 ofUAS's so that safety 

and accountability can be maintained and monitored. 

Approval of exemptions allowing commercial operations of U AS's in the media will 

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

operation ofUAS's 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'airspa'ce and around airports and provide Jobs. , 

Thank you, 

Qot\A CRcfTomChapman 

6626 Cedar Brush 

San Antonio, TX 78257 

(210) 861-7614 

tomrv4@me.com