UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

PE TITI ON FOR EXEMPTI ON: ANTHONY OSTUNI

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITL E 14 OF THE CODE OF FEDERAL REGULATIONS SECTI ONS: 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) & (b) CONCERNI

NG COMMERCIAL OPERA TI ON S OF DJ I PHANTOM 2 VISION PLUS UNMANNED AIRCRAFT SYSTEMS (UAS) PI LOTED BY ANTHONY OSTUNI , PURSUANT TO SECTION 333 OF THE FAA MO DERNIZATIION AND REFORM ACT OF 2012

PUBLIC LAW 112

- 952

Anthony Ostuni 305 Sycamore Street Liverpool, NY 13088 (315) 447

- 3555
Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Anthony

Ostuni , hereb y applies for an exemption from Federal Aviation Regul ations (FARs) identified within in which to allow commercial operations of small UAS (under 55 lbs )

. This exemption in particular will be much comparable to the previous Exemption No. 11318 , in terms of desired outcome (their ability to operate for the purpose of closed

- set motion picture and television filming)

. Anthony Ostuni currently connects and interacts with the Griffiss Institute (Air Force Research Lab) in Rome , New York and has knowledge of UAS commercial testing operations occurring at the location managed by NUAIR

. Personally I plan to use my knowledge and skills in the UAS industry to “help communities, municipalities, businesses, and people looking to learn about and implement UAS technology in a responsible and practical way

. Anthony Ostuni is a specialist in the legal operation of UAS , their regulations and is a unique aerial videographer . He consults, pl ans, and educates people on UAS technology implementation on varied applications .” Anthony Ostuni will like to use his DJIPHANTOM 2 VI SI ON PLUS quad

- copter UAS for commercial purposes which will utilize the photography and video aspects u pon customer requests. Anthony Ostuni is seeking exemption to Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). The proposed exe mption would allow Anthony Ostuni the right to commerciall y operate the DJ I PHANTOM 2 VISI ON PLUS quad

- copter , unmanned aircraft s ys tem (UAS) , weighing under 3 pounds

. In the purpose to conduct aerial photography and video over private property ( commercial & residential ) with permission previously sought out by

property owners or appropriate official ( s ) , and restricted access by non - participants. The general geographic area of3

op erations will be in Liverpool New York , but on occasions vary based upon possible service requests. **14 C.F.R. §45.23 (b)**  **Display of marks; general.** (b) 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 prov isionally certificated aircraft, the operator must also display on that 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,” “e xperimental,” or “provisional,” as applicable. Anthony Ostuni ’s DJ I PHANTOM 2 VISION PLUS UAS will have no room to display theses numbers in cohesion with regulation due in part to the DJ I PHANTOM 2 VI SI ON PLUS UAS inherent size. In order to maintain safe standard of operation Anthony Ostuni will fly

no higher than 200 feet above ground level, and if for any reason I need to operate within 5 miles of an airport I will contact the air traffic control tower in advance

. **14 C.F.R. §61.113 (a)**  **& (b): Priv**  **ate pilot privileges and limitations: Pilot in command.** In accordance with 14 C.F.R. §61.113 (a) and (b) and the limitations placed upon private pilots in regards commercial operations. Anthony Ostuni ’s DJ I PHANTOM 2 VISION PLUS UAS will not be carrying passengers or property

onboard the compensation. It will be used for aerial imagery purposes and flown under 200 feet a

bove ground level. **14 C.F.R. §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 a blanket airworthiness certificate issued upon the acceptance of this exemption, no other FAA regulatory standard will exist for determining airworthiness. Given the size of the Anthony

Ostuni ’s DJIPHANTOM 2 VISION PLUS UAS, maintenance and the use of his safety check lists prior to each flight will provide an ample level of required safety.4

**14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.**
Section **§** 91.9 (b) (2) States: 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, a pproved manual material, markings, and placards, or any combination thereof. Anthony Ostuni ’s DJIPHANTOM 2 VI SI ON PLUS UAS given its size has no place to carry a flight manual

. An equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot Anthony Ostuni will be flying the DJ I PHANTOM 2 VI SI ON PLUS UAS. **14 C.F.R. § 91.103: Preflight Action.** This regulation requires each pilot in command to take certain actions prior to flight to insure the safety of the flight. An exemption is needed due to an FAA approved rotorcraft flight manuals will not be provided for the aircraft. Anthony Ostuni will take all actions as stated in the FOM in Section 4 under normal p rocedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance d ata before initiation of flight (all in accordance with Anthony Ostuni ’s personal flight checklist). **14 C.F.R. §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. This p ertaining to Anthony Ostuni and hi s DJ I PHANTOM 2 VISION PLUS UA S would fail to apply

due in part the DJ I PHANTOM 2 VISI ON PLUS UAS d o es not have fully functional dual controls. An equivalent level of safety is provided due in part neither a pilot nor passengers will be carried in the UAS. Along with the size and spee d of the UAS limits undesirable events occurring.5

**14 C.F.R. §91.119: Minimum Safe Altitudes.**
Section **§** 91.119 establishes safe altitudes for operation of civil aircraft. Section **§** 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters b y the FAA. This exemption would pertain to the DJ I PHANTOM 2 V IS ION PLUS UAS that is functioning like a helicopter , and the exemption requests authority t o operate at altitudes up to the blanket 200 feet above ground level

. Anthony Ostuni will never have the need to operate the DJ I PHANTOM 2 VI SI ON PLUS UAS at equal or higher than 200 feet above ground level under any circumstances as for that is not part of my

commercial use model. The DJIPHANTOM 2 VI SION PLUS UAS is planned on being operated in a restricted area with a secured perimeter, where buildings and people will not be exposed to operations without their prior consent. A level of safety relevant and equal to Compliance will be achieved given the small size, weight, and speed of the DJIPHANTOM 2 VI SION PLUS UAS as well as the location where it is operated. No flight s shall take place without the prior permission from the property owner or appropriate official ( s )

. Due in part to the advance notice to the property owner , and or appropriate official(s) , along with participants involved with the filming activity, all involved individuals will be aware of a planned flight operation

. Further note that the low

- altitude operations of the Anthony Ostuni ’s DJ I PHANTOM 2 VI SI ON PLUS UAS , relative to geographic location will ensure separation between his UAS operations and the operations of conventional aircraft which must compl y with Section **§** 91.119. **14 C.F.R. §91.121 Altimeter Settings.** This regulation requires each person operating an aircraft to maintain cruising altitude b y reference to an altimeter that i s set to the elevation of the departure airport or an appropriate altimeter setti ng available before departure. Anthony Ostuni ’s DJ I PHANTOM 2 VISION PLUS UAS would not have a barometric altimeter , but it does have a GPS altitude feature.6

An exemption will be needed b y Anthony Ostuni due in part that an equivalent level of safety w ill be achieved by the operator in terms of the safety check list and live flight data monitoring from FPV and line of sight

. Anthony Ostuni will be able to view the altitude of the launch site by

means of GPS altitude indicator before flight and at all times of the flight

. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**
Section **§** 91.151 (a) prohibits 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 fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The battery

powering Anthony

Ostuni ’s DJ I PHANTOM 2 VISION PLUS UAS provides approximately 20

- 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10

- 15 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operati o ns within a predetermined area Anthony Ostuni will be operating his DJ I PHANTOM 2 VISION PLUS UAS in a safe controlled manor. Anthony Ostuni will not fly

at night or any

time of evening that would be considered night. Anthony Ostuni seeks exemption from 1 4 CFR §91.151(a) with o perating the DJ I PHANTOM 2 VISION PLUS UAS in a controlled area with only people, proper authority(s), and or official representatives who have previous consent will be within the operating area. W ith operations taking place for 10

- 1 5 minutes out of the possible 20

- 25 is ample and relatively equivalent to Section **§** 91.151(a) fuel reserves. Anthony Ostuni ’s request would be more than adequate to return the DJI PHANTOM 2 VISION PLUS UAS to its planned landing zone from any where in its p redetermined operating area.
**14 .F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration**  (a) Except as provided in§ 91.715 , no person may operate a civil aircraft unless it has within it the following:7

An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply

with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under§ 21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under § 21.197(c) , or an authorization under § 91.611 ) and have on it the registration number assigned to the aircraft along with A revis ed airworthiness certificate having on it an assigned special identification number. As previously stated in §45.23 (b) of this petition and the ability to affix these numbers to aircraft (in this case a DJ I PHANTOM 2 VISION PLUS UAS)

. An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second cop y of the Aircraft registration Application as provided for in§ 47.31(c) , or a registration certification issued under the laws of a foreign country

. **(b)** No person may

operate a civil aircraft unless the airworthiness 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. Anthony Ostuni ’s DJ I PHANTOM 2 VISION PLUS UAS fully loaded wei ghs no more than 3 p ounds, and does not have an onboard pilot. This being the case there is no ability or place to carry a certification and registration documents or to display them on the DJIPHANTOM 2 VI SI ON PLUS UAS. An equivalent level of safety will be achieved by havin g available any and all documentation at the ground control point , and ensuring that the pilot flyingthe DJ I PHANTOM 2 VISION PLUS UAS will have immediate access to them; to the extent they are applicable to the DJ I PHANTOM 2 VISION PLUS UAS. **14 C.F.R. §91.405 (a); 91.407 (a) (1**  **); 91.**  **409 (a)** (2); **91**

. **417(a) & (b): Maintenance Inspections.** 
These proposed regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall b etween required inspections,8

except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter " These sections will not apply in addition to the acceptance due in part to the blanket 200 foot above ground level COA . Maintenance will be accomplished by Anthony Ostuni in accordance to the flight manual and operating handbook. An equivalent level of safety will be achieved due in part that Anthony Ostuni ’s DJ I PHAN TOM 2 VISION PLUS UAS is of a very limited size and i f mechanical issues arise the UAS can land immediately in a predetermined emergency

land area, and will be operating from no higher than 200 feet above ground level

. Anthony Ostuni will ensure that the DJ I PHANTOM 2 VI SI ON PLUS UAS is in working standard prior to flight b y performing required maintenan ce and keep a log of the maintenance performed. Anthony Ostuni is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the DJ I PHANTOM 2 VI SI ON PLUS UAS Manufacturer's User Manual. As provide d in the FOM, the operator will ensure that the DJI PHANTOM 2 VI SI ON PLUS UAS is in working order prior to flight and perform all required maintenance as needed.In closing I would like to say thank you for your time and attention. I keep my self apprised a s to information in this area for it is of great interest to me currently in the work I do. I will do my

part as this area continues to grow in a safe and responsible manner. I am looking forward to hearing back.

Sincerel y, Anthony Ostuni