Benjamin Pelletier

9860 Sunland Blvd Shadow Hills, CA 91040 October 7th, 2015 U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE ., Washington, DC 20590 VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Benjamin Pelletier seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the DJI Phantom 3, 3D Robotics Inc. (“3DR”) Solo , and 3DR Iris+ unmanned aircraft systems (“UAS”) : The requested exemption would support an application for a commercial Certificate of Authorization to conduct aerial photography and videography, as well as aerial data collection such as photogrammetry. The DJI Phantom 3, 3DR Solo , and 3DR Iris+ systems consist of a lightweight battery

-operated aircraft, each we ighing less than 10 pounds with payload, as well as a handheld controller and ground station on a mobile device such as a tablet. In aerial photography and videography, the aircraft carries an onboard camera capable of being positioned, oriented, and move d in ways that are impossible for traditional camera systems. This enables a wide range of creative expression and artistic choice in the production of multimedia presentations. In aerial data collection , the aircraft’s onboard camera captures many geo - referenced images from different points of view that enable precise measurement of features of interest
. This request will benefit the public as a whole by allowing wider access to these services at substantially lower costs than are required for manned ai rcraft operation. The unmanned aircraft, powered by a small battery, is lighter than, is more maneuverable than, and carries a small fraction of the impact energy of the alternative larger manned aircraft using combustible fuel. It operates at lower altitudes with no crew and will therefore reduce current risk levels by diminishing the likelihood of death or serious bodily injury to both persons both in the air and on the ground. Additionally, I request that I be allowed to use the UAS to benefit first responders requesting assistance, while remaining subject to all limitations cited in this application as I do so.The UAS will be operated in the field with both a Pilot in Command (“ PIC”) and a Visual Observer (“VO”)

in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" , the applicable Certificate of Waiver or Authorization (“COA”), and with the following restrictions when not otherwise authorized in the COA : 1. No flight will be made with the unmanned aircraft gross weight exceeding 55 pounds 2. All operations must occur at no more than 2 00 feet above ground level , within visual line of sight no farther than 0.5 nautical miles from the PIC at all times 3. Whi le the aircraft is airborne, the VO must maintain voice communication with the PIC 4. The aircraft will not be operated within a. 5 nautical miles of an airport having an operational control tower b. 3 nautical miles from an airport with a published instrument flight procedure but not an operational tower c. 2 nautical miles from an airport without a published instrument flight procedure or an operational tower d. 2 nautical miles from a heliport with a published instrument flight procedure e. Restricted airspace and oth er areas, such as major cities, where the FAA prohibits UAS operations 5. Operations will be limited to daylight Visual Flight Rules (“VFR”) conditions The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 “P ersonnel Qualific ations”

. T he PIC will pe rform maintenance on the system in accordance to manufacturer specifications

. I submit that the combination of the UAS s’ small mass, historically

- demonstrated flight performance and ability, fully

- qualified flight crew, and operat ion under the guidelines established in 8900.227, and under all of the restrictions listed above, the FAA ca n have full confidence that the operation will have an equivalent or greater level of safety than manned aircraft performing the same mission. I be lieve this petition is eligible for a summary grant because previous granted exemptions 11062, 11109, 1112, and 11213 are similar in all material respects to this petition, and the reasons stated by the FAA for granting them also apply to my situation. Th e name and contact information of the applicant are: Benjamin Pelletier Ph: 626

- 676

- 7044 Email: bjpcaltech@gmail.com The regulations from which the exemption is requested are as follows 14 CFR Part 21 14 CFR 91.203 14 CFR 45.23, 45.29 14 CFR 91.9 14 CFR 61.113(a) & (b), 61.133(a) 14 CFR 91.109, 91.119 14 CFR 91.121, 91.151 14 CFR Subpart E (91.401

-91.417) FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l)I am prepared to modify or amend any part of this req uest to satisfy the need for an equi valent level of

safety. Please contact me at any time if you re quire additional information or clarification. I look forward to hearing from your office. Sincerely,

Benjamin J Pelletier
Appendices: A. Exemption Request and Equivalent Level of Safety B
. Preflight Checklist 

## Appendix	A **:	Exemption	Requests	and	Equivalent	Level	of	Safety** Benjamin Pelletier requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the DJI Phantom 3 and 3D Robotics Inc. (3DR) Solo and Iris+. **14	CFR	Part	21,	Subpart	H:	Airworthiness	Certificates** This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UAS, I request an experimental certificate be issued for the DJI Phantom 3, 3DR Solo, and 3DR Iris+ under either or both of the following provisions: 21.191 Experimental certificates Experimenta l certificates are issued for the following purposes: **(a) Research and development.** Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. **(b) Showing complianc e with regulations.**  Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design change s, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, I would e xpect that an experimental certificate would allow for my commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operation requirements. Combined with the fact that the DJI Phantom 3 weighs only 2.8 pounds, the 3DR Solo weighs only 3.9 pounds, and the Iris+ weighs only 3.7 pounds, I propose that the se unmanned aircraft will be at least as safe, if n ot safer, than a conventionally

- certificated aircraft performing the samemission. If an experimental airworthiness ce1iificate is not appropriat e for this application, then I

request an exemption of 14 CFR P art 21, Subpart H, and the requirement for an airw ort hiness ce rtificate in general, citing the equivalent level of safety outlined in the previous paragraph. **14	CFR	91.203(a)	&	(b)	Civil	aircraft:	Certifications	required.** Th is regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at t he cabin or cockpit entrance so that it is legible to passengers or crew." The DJI Phantom 3, 3DR Solo, and 3DR Iris+ are too sma ll to carry documentation, do not have an entrance, and are not capable of carrying passengers or a crew. To obtain an equivalent level of safety and meet the intent of 91 .203, I propose that documents deemed appropriate for this aircraft by the FAA will be loca ted with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, I propose that the following information be permanently affixed to the aircraft via placard: Manufacturer: DJI or 3D Robotics Inc. Model: Solo or Iri s+ Serial Number: Registered to: Benjamin Pelletier 9860 Sunland Blvd Shadow Hills, CA 91040 If found please contact: ( 626 ) 676

- 7044 **14	CFR	45.23	Display	of	marks;	general	and	45.29	Size	of	marks.** These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must di splay the word "EXPERIMENTAL" in letters at least 2 inches high near the ent rance to t he cabin, cockpit, or pilot station. The DJI Phantom 3, 3DR Solo, and 3DR Iris+ do not have an entrance in which the word "EXPERIMENTAL" can be placed and do not have the space to display the registration number as large as required. I propose to achieve an equivalent level of safety by in cluding the word "EXPERIMENTAL" on the top of the aircraft, where the PIC, VO and others in the vicin ity of the aircraft while it is preparing for launch will be able to see the designation. I feel tha t the permanent placard discussed in the previous paragraph will provide the aircraft's reg istration information should it be found on the ground. I will also mark the aircraft with any registration number as large as the aircraft will practically allow. I will also display at the ground station a high contrast flag or banner that contains the words “ U nmanned Aircraft Ground Station”

. Since the aircraft will operate within 0.5 nautical miles of the ground station, the ba nner should be visible to anyone tha t observes the aircraft and chooses to investigate its point of origin. **14	CFR	91.9	Civil	aircraft	flight	manual,	marking,	and	placard	requirements.**This regulation provides that no person may operate an aircraft un less a current, approved flight manual

is in the aircraft. I assume that the intent of this requi rement is to ensure that flight manual information is available to the aircrew while operat ing the aircraft. I request an exemption to this requirement since the aircraft is not only too sm all to ca rry documentation, documentation aboard the aircraft woul d not be available to the crew. To obtain an equivalent level of safety and meet the intent of 91.9, I propose that a current approved Airplane Flight User Manual (appendix G) must be avai lable to th e flight crew at the ground station anytime the aircraft is operating
. **14	CFR	61.113	Private	pilot	privileges	and	limitations:	Pilot	in	Command	and	61.133 Commercial	pilot	privileges**  **and	limitations** Section 61.113(a) states that "no person who holds a pr ivate pilot ce rtificate may act as a pilot in command of an aircraft that is ca rrying passengers or property fo r compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft." Section 61.113(b) states that "A private pilot may, for compen sation or hire, act as pilot in co mm and of an aircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employment; and (2) The aircra ft does not carry passengers or prope rty for compensation or hire." Section 61.133(a) states that "(1) General. A person who holds a c o mmercial pilot certificate may act as pilot in command of an aircraft

- (i) Carrying perso ns or property for compensation or hire, provided the person is qua lified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and (ii) For compensati on or hire, provided the person is qualified in accordance with this part and with the applicable part s of this chapter th at apply to the operation." I request exemption from sections 61.113(a) and (b), an d section 61.133(a) because my proposed operations include commercial operations. Considering the size, weight and operating characteristics of the UAS in question, and the limited areas in which the UAS will be operated, I request an exemption from section 61.113(a) and (b) with the following conditions: 1. The PIC of the UAS must hold at least a private pilot airman certificate and either a third

- class airm an medical certificate or a valid driver’s license 2. UAS operation will addition ally require a VO and the VO must have acceptable vision such that they can maintain visual line of sight (VLOS) with the UAS at all times Additionally, all requested aircraft are equipped with an o nboard autopilot for autonomous flight, capable of being monitored by a Ground Control Station (GCS) at all times. The onboard au topilot will also ensure flight operation is kept within the controlled airspace, including prohib iting operation above a defined maximum altitude. **14	CFR	91.109	Flight	instruction;	Simulated	instrument	flight	and	certain	flight	tests** Th is regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The ground control stations for the 3DR Solo and 3DR Iris+ are based on a hand

- held controller that offers a trainer plug for a second set of "controls" that both the student and instructor can and will operate simultaneo usly. With both studentand instructor having "hands

- on" the controls during flight, I feel that this meets the intent of 91.1 09

and provides an equivalent level of safety.
**14	CFR	91.119	Minimum	safe	altitudes:	General** This regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, I cannot comply with this requirement. To provide an equivalent level of safety I will only fly near people involved with the flight operation, and never near enough to vessels, vehicles, and structures owned by people who have not given permission to pose a hazard

. I main tain that due to the small size of UASs in question , the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption. The aircraft will not be operated over congested areas nor over any open air assembly of persons. The aircraft will be operated at an altitude allowing, if a power u nit fails, an emergency landing without undue hazard to persons or prope rty on the surface. **14	CFR	91.121	Altimeter	settings** Th is regulation provides that aircraft shall maintain cruising alt itud es by reference to an altimeter setting available within 100 nautical miles of the aircraft. The a ircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitud es in order to de

- conflict with other aircraft. An appropr iate altimeter measurement present ed to the pilot should be above ground level and should be based on the barometric pressure and GPS position at the point of launch . To provide an equivalent level of safety, the UAS's AGL altimeter will be set to zero on the ground prior to every flight. Since none of the UASs in question will fl y more than 40 minutes, even rapid changes in barometric pressure will have limited effect on the safety of the fl ight. **14	CFR	91.151	Fuel	requirements	for	flight	in	VFR	condition s**  Th is regulation provides that no person may begin a flig ht in an airplane under day

-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. I feel that the intention of this parag raph is to provide a reserve of energy as a safety bu ffer for go - arounds and other delays to landing. The UASs in question are battery operated and the maximum duration of flight from a single battery charge is under 25 minutes. Since the aircraft w ill never fly more than 0.5 nautical miles from the point of intended landing, a full battery charge at launch will ensure that I meet the reserve energy intent of this paragraph. I request an exemption to the word "fuel" and ask for an equivalent interp retation with the word "energy", and also request a reduction from 30 minutes to 10 minutes. **14	CFR	Subpart	E	(91.401 -**  **91.417) -**  **Maintenan ce,	Preventive	Maintenance,	and**  **Alterations**Th is regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with part 39 and 4 3. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is my intention that the PIC perform maintenance and inspection of the aircrafts and "be authorized to approve the a ircrafts for return to service." As provided in the attached Maintenance Procedures (appendi ces D & E), the PIC will ensure that the ai rcraft is in an airw ort hy condition prior to flight and con duct detailed inspections after every 10 hours. Maintenance will perfo rm ed and maintained by the PIC per the o perating manual, which contains instructions and procedures for inspect ing, maintaining, and repairing the UAS. The PIC will document work performed in accordance w ith 91.417. We feel that due to the size, construction, and simplicity of the aircrafts, the PIC ca n ensure an equivalent level of safety. **8900.227	Paragraph	16(c)	(4)	PIC	Medica l.	And	Parag** **raph	16(e)	(1)	Observer	Medical** This policy provides that both the PIC and VO must have a valid FAA second

- class medical ce rt ificate issued under P art 67 in order to perform as a pilot or ob server. The aircrafts weigh less than 10 pounds

. Requ iring the crew to meet the same medical req uirements as a commercial pilot ca rrying passengers in a large aircraft is an unn ecessary burden. I propose that the minimum medical requirements be a valid, state
- issued driver's license. Due to the size and wei ght of the aircraft, the greatest hazard of my proposed operation will be driving to the launch site. A licensed driver is medically qualified to operate a much larger vehicle. The 20/20 vision requirement will ensure that the PIC and VO can see and avoid air traffic. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the aircraft will return autonomously to the landing location designated prior to la unch without crew intervention. 

## Appendix	B:	P **reflight	Checklist Safety	check	of	aircraft	performed	prior	to**  **e very	flight**  Visual Inspection of Aircraft:
 Check airframe for any cracks
 Check motor/engine and attachment point to the airframe
 Examine propellers and mounting hardware for chips and deformation
 Ensure that propellers are fastened tightly to the motors
 Check the landing gear integrity
 Ensure there are no loose or insecure wire connections
 Calibrate compass when suggested by the aircraft manual If any aspect of the visual inspection reveals a condition making the aircraft unairworthy, the PIC will log failure and ground aircraft. Aircraft will not be put back into service until PIC has rectified the problem. If the problem cannot be rectifie d, the aircraft will be returned to manufacture r for replacement or retired

.

### Pre **- arm	Safety	Checks** 

After the ground station and aircraft are powered on but before the aircraft is armed for takeoff, the ground station will perform a number of automatic tests and communicate any problems to the ground st ation and to the pilot directly via indicator lights on the aircraft. If any problems are detected in this phase that make the aircraft unairworthy, the PIC will attempt to resolve. If immediate resolution is impossible, the PIC will log the failure and ground the aircraft. Aircraft will not be put back into service until PIC has rectified the problem. If the problem cannot be rectified, the aircraft will be returned to manufacturer for replacement or retired.