July 27 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

Exemption petition under Section 333

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Reg ulations from: 14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 1 4 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b)

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R Part 11, I, Mr. Zachary Pezzillo, an operator of a s mall Unman ne d Aircraft System (“UAS ”) for aerial photography, videography, surveying, mapping and photogrammetry , and scientific & environmental research

, hereby apply for an exemption from the Federal Aviation Regulations (“FARs”) to allow for commercial operation of my UAS, so long as such oper ations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

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

smal l, unmanned, and relatively inexpensive UAS under controlled conditions in the National Airspace System (NAS) that is (1) limited, (2) predetermined, (3) subject to controlled access, and (4) provide greater safety in connection with aircraft operations.

A s established by the exemptions already granted by the FAA, approval of my exemption would enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of

such ai rcraft systems in the national airspace system.” Section 333(c) of the Reform Act

.

The name and address of the applicant is:

Name: Zachary Damon Pezzillo (‘Petitioner’)

Address: 981 Kauhikoa Road Haiku, Hawaii 96708

Phone: 808

- 281

- 0818

Email: zpezzillo@g mail.comThis exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems m a y ope rate safely

in the NAS before completion of the rulemaking required under Section 332 of the

Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or po se a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability

• Operation of the UAS in close proximity to airports and populated areas

• Operation of the UAS within visual line of sight of the operator

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term defined under §401 01 of the Act , which includes UASs, from the requirement that all c ivil

aircraft must have a current airworthiness certificate.

The UAS operated by myself weighs less than 55 pounds, including the payload (camera, lens, and gimbal). It operates at speeds of no more than 30 knots, can hover, and can simultaneously move v ertically and horizontally. I will only operate the UAS in line of sight and will operate only within the sterile area. Such operations will insure that the UAS will “not create a hazard to users in the national airspace system of the public.”

I seek an e xemption to operate the DJI Phantom 3 model UAS , a quadcopter, for compensation or hire within the NAS. Such activities include, but are not limited to, aerial photography and videography, aerial survey, aerial mapping and photogrammetry,

and scientific & environmental research

. The UAS has a maximum gross weight less than 3 pounds, maximum speed of 35mph, and a run time of approximately 23 minutes. A copy of the operating handbook for this aircraft will be submitted with this exemption
request.

Given the small size of my UAS and the restricted sterile environment within which it will operate, the applicant falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow

commercial operations of UASs to commence immediately. Additionally, due to the size of the UAS and the limited areas in which they will operate, approval of this application presents no national security threat. Given the clear direction in Section 333 of the

Refor m Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for photo and video commercial operations, the grant of the requested exemptions is in the public interest. Accordingly, I respectfully request that the FAA grant the requested exemption without delay.How my request would benefit the public as a whole

Aerial photography and videography for topographical awareness and real estate marketing or any legal business utilizing aerial imagery has been around for an extensive period of time and has been done with m anned fixed wing aircraft and helicopters. For the small budget businessperson, the expense of such aerial imagery is enormously cost prohibitive. This deprives many small businesspersons from exploiting a valuable advertising tool. Manned aircraft also ex poses a superior hazard to the public through conceivable cataclysmic crashes causing loss of property and or life. Unmanned Aircraft Systems pose no such hazards due to their size, speed, and nonexistence of flammable fuel. This significantly reduces any potential threat to the public.

Also, providing aerial imagery of the community and surrounding areas to the public would promote awareness for the land we live on and help to promote conservation for

our natural resources.

Aircraft and Equivalent Leve l of Safety

I propose that the exemption requested apply to civil aircraft that have the characteristics and that operate with the limitations listed. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial photography and videography operations conducted with conventional aircraft.

These limitations and conditions to which I agree to b e bound when conducting commercial operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 pounds

. 2. Flights will be operated within line of sight of a pilot and/or observer

. 3. Maximum total flight time for each operation flight wil l be 20 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 20

minute limit

. 4. Flights will be operated at an altitude of no more that 400 feet AGL or not more than 200 feet above an elevated platform from which fi lming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot and the Visual

Observer

6. UAS Pilot will be Pilot in Command (PIC). If the PIC deems another operator to be qualified with the necessary skills to be PIC, that person can also be designated as PIC provided they have a minimum of 50 hours of flight time with the UAS.

7. Flights will be conducted at a lateral distance of at least 50 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the

oper ation or who have not signed a waiver in advance of the operation.

8. A briefing will be conducted in regard to the planned UAS operations prior to each day’s production activities. It will be mandatory that all personnel involvedwith the operation duties o f the flight within the boundaries of the safety perimeter be present for this briefing.

9. For photography and videography missions, the operator will file a written Plan of Activities to the FSDO three days before the proposed mission . This Plan of

Activit ies will include:

a. Dates and times for all flights

b. Name and phone number of the operator for the UAS aerial filming

conducte d under this grant of exemption

c. Name and phone number of the person responsible for the on

- scene operation of the UAS

d. Make, model, an d serial or N

− Number of UAS to be used

e. Name and certificate number of UAS PICs involved in the aerial filming

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the

lis t of those who gave permission must be made available to the inspector
upon request

g. Signature of exemption holder or representative

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which fi lming will be conducted and the altitudes essential to accomplish the operation

10. Pilot and Observer will be trained in operation of UAS generally and receive up to date information on the particular UAS to be operated.

11. All crew members will at all times be able to communicate by only voice

communications as to ensure all crew members maintain a visual contact with the

UAS at all times

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

13. If the UAS loses communications or lose s its GPS signal, it will have the capability to return to a pre

- determined location within the security perimeter and

land.

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

The specific sec tion or secti ons of 14 Code of Federal Regulations (CFR) from which

I seek an exemption:

14 CFR Part 21 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121 14 CFR 91.151 (a)14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)

1 4 CFR 407 (a) (1) 14 CFR 409 (a) (1) & (2) 14 CFR 417 (a) & (b)

14 CFR Part 21 Subpart H: Airworthiness Certificates, 14 CFR § 91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirem ents for the issuance of airworthiness certificates as required b FAR § 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49

USC § 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 t he 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.

The UAS to be operated hereunder is less than 55 lbs. full loaded, carries neither pilot nor passenger, carries no explosive materials or flammable liquid fuels , and operates exclusively within a secured area. Unlike other civil aircraft, operations under this

exe mption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will ha ve advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the public and property owners than convention al operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H. 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 operat ion, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial

external load.

14 CFR § 45.23 (b ) Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also displayaircraft or experimental or provisionally certificated aircraft, th e operator must also display on the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional” as ap plicable.

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

needed as the UAS will have no entrance to the cabin, cockpit, or pilot station on which the word “Experimental” can be p laced. Given the size of the UAS , two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with § 45.29

.

The equivalent level of safety wi ll be provided by having the UAS marked on its fuselage

as required by § 45.29 (f) where the pilot, observer, a nd others working with the UAS will see the identification of the UAS as “Experimental.” The FAA has issued the follow exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167, and 10167A.

14 CFR § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in

Command

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by re quiring the PIC operating the aircraft to have no less than 50 hours of flight time with the UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of operation is c ontrolled and restricted, and all flights are pla n ned

and coordinated in advance.

14 CFR § 91.7 (a ): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. Given the size of the aircraft and the requirements contained in the Manufacturers Operating Manual fo r maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 CFR § 91.9 (b) 2: Civil Aircraft Flight Manual In The Aircraft

Section 91.9 (b) provides:

No person may operate a U.S.

- registered civil aircraft...(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

The UAS, given its size and configuration has no ability or place to carry such a flight

manual on the aircraft , not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exempti on Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 CFR § 91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA appro ved rotorcraft flight manuals will not be provided for the aircraft, an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before in itiation of flight.

14 CFR § 91.109: Flight Instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning

dual controls.

UAS and remotely piloted aircraft, by their design, do not have full functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions f or flight training without full functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K &

9862A. The equivalent level of safety is provided by the fact that neither a pilot nor

passeng ers will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civ il aircraft. Section 9

- 1.119 (d) allows helicopters to be operated at les s than minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at alti tudes up to 400’ AGL , or not more than 200’above an elevated platform from which filming is planned, an exemption may be needed to allow for such operations. As set forth herein, the UAS will never operate at higher than 400’ AGL with the exception that i n circums tances where the UAS is used to survey or photography a structure whose height exceeds 400’ AGL, the UAS will not be operated more than 200’ above the highest point on the structure. It will however be operated in a restricted area with security p erimeter, where buildings and people will not be exposed to operations wit hout their pre

- obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated . No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with the aircraft or rotorcraft weight fare more than 55 pounds, proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500’ AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that musty comply with Section 91.119.

14 CFR § 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 ha ve 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, by receiving altitude information via a digitally enco ded 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, o r 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 CFR § 91.151 (a) : Fuel Requirements For Flight In VFR Conditions

Section 91.151 (a) proh ibits an individual from beginning “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 ; or (2) At night, to fly

after that for at least 45 minutes.”

The battery powering the UAS provides approximately 23 minutes of powered flight. To

meet the 30

- minute reserve requirement in 14 CFR §91.151, UAS flights would be not be possible. Given the limitations on the UAS’s proposed flight area and the location of itsproposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable

. I b elieve that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less that 30 minutes of reserve fuel, does not engender the type of risks that Section

91.151 (a) was intended to alleviate given the size and speed of the small UAS.

I believe that an equivalent level of safety can be achieved by limiting flights 15 minutes or 25% battery power

, whichever happens first . This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other o pe rations, including Exemption Nos

. 2689F, 5745, 10673, and 10808.

14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

The regulatio n provides in pertinent part :

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the ai rworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew

.

The UAS fully loaded weighs no more than 55 pounds and is operated without an onboard pilot. As such, there is no ability or place to carry certifica tion and registration

document or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them; to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9 565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.14 CFR § 91.405 (a); 407 (a) 1 ; 409 (a) 1 & 2; 417 (a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “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...” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sec tions will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the Flight Manual and Operating Handbook . As

the manufacturer does not provide specific maintenance instructions, maintenance will be “on condition” for all aircraft and each aircraft will have a maintenance log.

An equivalent level of safety will be achieved because these small UASs are very l imited in size and will carry a small payload and operate only in restricted are a s for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400’ AGL. As provided in the Manual, the oper ator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of an maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the air craft in an airworthy condition to provide the equivalent level of safety. If the operator en counters a
maintenance issue, which cannot be addressed, the UAS will be returned to the manufacturer or a qualified repair facility where such repairs or maintena nce can be performed.

A summary we can publish in the Federal Register:

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exempti on from the following rules:

14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CF R 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b) to operate commercially a small unmanned system for aerial photography, videography, surveying, mapping and photogrammetry, and scientific &

environmental research

.

Approval of exemptions allowing commercial operations of UASs in the aerial photo and film industry will enhance safety by reducing risk. Conventional aerial photo and film operations, using jet or piston powered aircraft, operate at extremely low altitudes, just

f eet from the subject being filmed and in extreme proximity to people and s tructures; andpresent the risk s associated with vehicles that weigh in the neighborhood of 4,000 pounds, carry large amounts of jet A or other fuel. Such aircraft must fly to and fr om the film location. In contrast, a UAS weighing less than 55lbs. and powered by batteries

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel

carried on board

. The UAS is carried to the film set and not flown. The UAS will carry no passengers or crew and, therefore, will not expose them to risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 pounds, conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requir ements of Part 21 and allo wing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environmen t and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the g round and people.

UAS Description

DJI Phantom 3

Weight (Including Battery And Propellers) : 1280 g Diagonal Size (Including Propellers) : 590 mm Max Ascent Speed : 5 m/s Max Descent Speed : 3 m/s Hover Accuracy : Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m

Horizontal: +/

- 1.5 m Max Speed : 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level : 6000 m Operating Temperature : 0°C to 40°C

GPS Mode : GPS/GLONASS

Remote Control

Operating Frequency : 2.400 GHz

- 2.483 GHz

Max Distance : 2000m (outdoors and unobstructed) Operating Temperature : 0°C

- 40°C Battery : 6000 mAh LiPo 2S Receiver Sensitivity (1%PER) :

- 101 dBm ±2 dBm Transmitter Power (EIRP) : FCC: 20 dBm

, CE: 16 dBm Working Voltage : 1.2 A @7.4 V

Battery

Capacity : 4480 mAh Voltage : 15.2 VBattery Type : LiPo 4S Energy : 68 Wh Net Weight : 365 g Max Flight Time : Approximately 23 minutes Operating Temperature :

- 10°C to 40°C Max Charging Power : 100 W

Also atta ched for review is the User Manual

S incerely

,

Mr. Zach ary Pezzillo