US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation

June 11 , 2015 Robert W. Biggs DBA Phoenix Drone Pros 601 E. Pinto Ct. Gilbert, AZ 85296 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590 Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121 ; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Robert W. Biggs, DBA “Phoenix Drone Pros,” operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of designated UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

Thank you in advance for your consideration. Robert W. Biggs, DBA Phoenix Drone ProsThe Unmanned Aircraft (UA) described herein is smaller, lighter and more maneuverable

than conventional aircraft running on combustible fuel, operates at lower altitudes with no people on board and will thereby reduce current risk levels, enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 20 minutes, this offers little or no risk to national security

. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas: 1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and newsgathering. 3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority

. 4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. 5. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 6. Training to persons individually or belonging to both private and/or public organizations to increase awareness and improve safety for current and future UAS operations within the NAS. As described fully below, the requested exemption would permit the operation of designated UAS as set forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is: Robert W. Biggs, DBA Phoenix Drone Pros Phone: (480) 330

-1778 Email: PhoenixDronePros@gmail.com Address: 601 e. Pinto Ct., Gilbert, Arizona 85296Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 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 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)Robert W. Biggs, DBA Phoenix Drone Pros, will operate one or more of the following

model UAS: 1. DJI T600 INSPIRE 1 The DJI T600 Inspire One manufactured by DJI innovations, is lightweight 4 electric motor/rotor, battery

operated quadcopter with a 6.5lb gross weight that takes off and lands vertically. The Inspire one has a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. Its avionics suite contains an on

board flight computer with GPS navigation and an Inertial Measurement Unit (IMU) based attitude stability

system. Also included is a barometric altimeter sensor, compass unit ultrasonic altimeter and vision positioning camera. An on

-board processor receives signals for flight and payload control from a ground

-based transmitter/controller/ground station device. An on

-board telemetry

system delivers flight data from the flight computer to the downlink radio transmitter to provide the Pilot in Command (PIC) with information such as altitude AGL, horizontal and vertical speed, compass direction of flight, bearing and distance to the controlling station, current way point, battery

status, current flight mode, GPS health status, datalink status, and GPS position. This data is displayed to the PIC via the Ground Control Station (GCS) application running on one or more computer devices such as a smart phone, tablet or PC. **THE GROUND CONTROL STATION/CONTROLLER:** The DJI UAS products CCAS intends to operate under this exemption use a series of components to comprise the Ground Control Station (GCS). The first and primary component of the ground segment is a handheld pilot controller and an optional handheld payload controller. The pilot controller provides a user interface for flight attitude and altitude commands augmented by the UA’s onboard IMU and GPS aided stabilization system. The controller also has options for manipulating the flight mode, payload gimbal, camera functions, and landing gear if equipped. The Datalink segment is comprised of an uplink transmitter command/control link using a frequency range of 2.4GHz to 2.48GHz frequency range with a power output of approximately 125mW. The uplink sends flight and payload commands to the UA’s autopilot which then processes the commands along with sensor inputs to manipulate the motor speed controllers and provide the desired response. The downlink transmitter on the UA operates on a 5.728GHz to 5.85GHz and an output power of approximately 25mW. The downlink transmitter provides live video from the on

-board camera plus all the UA flight data described above. Downlink data and video is received by the pilot controller and optional payload controller which is then displayed to the PIC and optional PO via an application on a handheld device such as a smart phone, tablet or PC. The GCS application also provides a heads up display

of pertinent flight data and UA status reports along with a moving map display. Both the uplink and downlink transmitters have been tested and comply with part 15 of the FCC rules for a class B digital device. **DOCUMENTATION** The following documents are attached and provided to support this petition.

 DJIT600 Inspire 1

- Manual Version 1.0

 Preflight ChecklistGiven the small size of the UAS in scope and the controlled environment provided, the

proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the applicant graciously requests that the FAA grant the requested exemption. **OPERATIONAL PARAMETERS** AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and camera. 2. The UAS, depending on the model in operation, will have a maximum operating speed ofno more than 50mph. 3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). 4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO). 7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have logged a minimum of 20 hours on the designated UAS. 8. A safety briefing will be performed prior to each day’s flights consisting of all the days’ production activities. 9. All flight activities will be logged. 10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only

. 11. The flights will occur in Class G airspace no closer than a 5-mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.13. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the

requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation. 14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required under the FOM. With the advanced permission of the FSDO, operations at closer range may be approved. 15. The PIC and VO will have been trained in operation of UAS and receive up-todate information for the particular UAS to be operated. 16. The PIC and VO will be able to communicate by voice and/or radio at all times. 17. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies as appropriate to flight operations. 18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre-determined location within a designated location and land autonomously. 19. The UAS will have the capability to abort a flight in case of emergencies with an automated “Return Home and Land” function. 20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies such as low battery.**PREFLIGHT CHECKLIST** 

**PRE -** **FLIGHT CHECKLIST DJI INSPIRE 1**  **UAV Number: N** **- 229DP**  **DEPARTURE** Batteries fully

charged Tablet Cables Safety Vest Micro SD Card

- Clear Laptop GoPro **PRE -** **FLIGHT** Notify owner and residents Check weather, wind < 15mph Put on safety

vest, signage Power ON Hot Spot Power ON tablet, connect to Tx Power ON Transmitter Set antennae Power ON Drone Exit Travel Mode Power OFF Drone Insert micro SD card in camera Install correct camera lens filter Install Camera Install propellers, prop locks Power ON Drone Check flight status on tablet Check battery

status on tablet Clear map Set camera mode

- 4k or 1080, MP4 Perform calibration Place drone in clear take off area TAKE

-OFF: Hover, test controls **POST -** **FLIGHT** LAND Remove propellers, prop locks Remove Camera Remove micro SD card Enter Travel Mode Power OFF Drone Power OFF Transmitter Reset antennae Power OFF tablet Power OFF HotSpot Remove safety vest, signage**SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONERS SEEK AN**

**EXEMPTION** A. 14 C.F.R. §§ 61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot in Command. These regulations limit private pilots to non

-commercial operations. Because the UAS will not carry a pilot or passengers and be operated within limited areas and altitudes, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. B. 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness While the UAS will not have an airworthiness certificate in accordance with 14 C.F.R. part 21, Subpart H, the airworthy condition of the UAS will be the responsibility of the PIC in accordance with 14 C.F.R. § 91.7(b). C. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas This regulation establishes safe altitudes for operation of civil aircraft over areas other than congested areas. PDP requests relief from this section with respect to persons involved in the operation as well as vehicles and structures. The UAS will not be operated above 400 feet altitude. It will be operated in a defined area where people and buildings will not be exposed to operations without their pre

-obtained consent. D. 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 does not have a barometric altimeter, an exemption is requested. The UAS Flight Controller utilizes GPS equipment aided by a static pressure sensor to determine and maintain altitude. The aircraft altitude above the takeoff point is provided in the video downlink telemetry information and provides suff icient information for the PIC to maintain altitudes at or below the 400 foot (122 meter) limitations. April 6, 2015 Page 6 E. 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 cursing 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.” Given that the UAS aircraft only fly for a maximum of 30 minutes and typically carry about 15 minutes of batter power, an exemption is requested. The UAS operations are always conducted within a few minutes of the takeoff and landing point and within a restricted area. BEAP believes that terminating the flight with 25% remaining battery power provides an equivalent amount of safety that is intended by

section 191.151(a). F. 14 C.F.R. § 91.405(a) Maintenance Required; 14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventative maintenance, rebuilding or alteration; 14 C.F.R. §§ 91.409(a)(1) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance RecordsThese 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 the sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the Petitioner. Maintenance will be accomplished by the operator pursuant to the Owner’s Manuals. An equivalent level of safety will be achieved because these small UAS are very

limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initial flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. The FAA issued exemption to these regulations in Exemption No. 11062.

Additional Information. The applicant, Robert W. Biggs, believes this exemption request and associated safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial operations of the applicant’s UAS. The applicant, Robert W. Biggs, requests your respective approval of this Section 333 exemption petition request. Thank you for your interest and attention in this matter. Please notify Robert W. Biggs of your actions, and or approvals. Thank You for your interest in this request. Sincerely, Robert W. Biggs DBA Phoenix Drone Pros PhoenixDronePros@gmail.com 601 E. Pinto Ct. Gilbert, Arizona 85296