July 10, 2015

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

Alexander Bancroft 617 Wilson Street Lafayette, LA 70503 318

- 617

- 8938 bancroft27@gma il.com



### Petition of Alexander Bancroft for Exemption Pursuant to Section
333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

I am writing pursuant to Section 333 of the Federal Aviation Administration (FAA)
Modernization and Reform Act o f 2012 and 14 C.F.R. Part 11, to request that
Alexander (Alex) Bancroft, owner and operator of a DJI Phantom 3 Professional
which is a Small Unmanned Aircraft Systems (s UAS ) , be exempted form the listed
Federal A viation Regulations (FARs) to allow commerci al operation in airspace regulated the FAA. The operations of this sUAS will be conducted within and under
the conditions outlined herein or as may be established by the FAA as required by
Section 333. The following aspects of Section 333 of the FAA Modern ization Reform
Act of 2012 should be considered.

In order to meet the requirements of the above act, Alex Bancroft is submitting the following information.

1. Name and Address
2. The specific section or sections of 14 CFR from which Alexander
Bancroft seek exemption
3. Planned use of his DJI Phantom 3 Professional
4. How his request would benefit the public as a whole

5. Explanation of how the exemption would provide a level of safety at least equal to the existing rule
6. Federal Register Summary

7. Link DJI Phantom 3 Profession al Manual Download
8. Link to DJI Phantom 3 Professional specifications1. Name and Address
Alexander Ross Bancroft
617 Wilson Street Lafayette, LA 70503 bancroft27@gmail.com

2. The specific section or sections of 14 CFR from which Alexander
Bancroft seek exemption :

I. 14 § C.F.R. Part 21, Subpart H

II. 14 § C.F.R. 45.23 and 14 C.F.R. 45.29

III. 14 § C.F.R. 61.23

IV. 14 § C.F.R. 61.113(a) and (b) and 14 C.F.R. 61.133(a)

V. 14 § C.F.R. 91.7(a)

VI. 14 § C.F.R. 91.9

VII. 14 § C.F.R. 91.103

VIII. 14 § C.F.R. 91.109( a)

IX. 14 § C.F.R. 91.119

X. 14 § C.F.R. 91.121

XI. 14 § C.F.R. 91.151(a)

XII. 14 § C.F.R. 91.203 (a) and (b) and 14 C.F.R. 91. 715

XIII. 14 § C.F.R. 91.205 (b)

XIV. 14 § C.F.R. 91.215

XV. 14 § C.F.R. Subpart E (91.401

– 91.417)

3. Planned use of his DJI Phantom 3 Professional

O peration of his sUAS, DJI Phantom 3 Professional, would be used primarily for private use such as on his hunting property, however Alex
Bancroft would like to be able to put his sUAS to use commercially as well. Alex Bancroft hopes to help fund gra duate school by obtaining small, low

end, low

- income jobs for friends and friends of the family by commercially operating a UAS. Areas where his sUAS could be used commercially include: Aerial photography and/or video for public and or private use including but not limited to golf courses, real estate, agriculture/livestock, land surveying, marketing for private businesses and construction sites.
His sUAS will predominantly be used in south Louisiana where Alex
Bancroft intends to help farmers with their rice fields and crawfish ponds. All of the above uses will only be conducted when requested and approved by the appropriate landowners

.4. How his request would benefit the public as a whole

There are many benefits to using a sUAS for commercial use to the general public. Some of these benefits include, but are not limited to:

• It can reduce the risk of fatalities that occur on a manned aircraft

• It will be better for the environment because it will reduce hydrocarbon emissions, like th ose emitted by manned aircraft

• It is more cost effective for obtaining information such as information obtained for a farmer over his fields e.g. levee inspections. This
benefits the consumers and the economy

• These exemptions may not affect the public anyway due to the size, weight, and the keeping of the s UAS in visual sight

5. Explanation of how the exemption would provide a level of safety at least equal to the existing rule

Alex Bancroft request s an exemption from the following regulations as well as any additional regulations that may technica lly apply to the operation of
the DJI Phantom 3 Professional:

I. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

S ection 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airwort hiness Certificates, establishes the procedural re quirements for the issuance of A irworthiness Certificates as required by FAR§ 91.203(a). Given the size of the UAS, its very light weight and the limited operating area associated with its utilization, it i s unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels.
The Federal Aviation Act 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 UAS involved. An analysis of these different cr iteria demonstrates that the UAS operat ed without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a
conventional aircraft with an airworthiness certificate.II. 14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size
of marks

Because of the size of this aircraft, it is impossible to correctly display the appropriate labels mentioned above.

III. 14. C

. F

. R § 61.23: Medical certificates: Requirement and
duration

Alex Bancroft believes that an Equivalent Level of s afety can be reached if the operator has a valid driver's license. Alex Bancroft believes only a valid
driver’s license is needed because of the size of the UAS , its structure, the limited flight area, and the safety features integrated in the autopilot.

IV. 14 C.F.R. § 61.3: Requirements for certificates, ratings and
authorizations 14 C.F.R. § 61.113(a) & (b); 14 C.F.R. 61.133(a) : Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations

Given the safety features of the UAS

, Alex Bancroft proposes that operators of the UAS should not be required to hold a commercial or private pilot certification. The equivalent level of safety will be achieved by using the integrated features of the aircraft to maintain a high level of
safet y during the different flight scenarios. Furthermore, the operational area is controlled and restricted. In addition, all flights are planned in advanced. The level of safety exceeds that of those who hold a commercial pilots license and operate a convent ional aircraft for hire.

V. 14 C.F.R. § 91.7(a): Civil aircraft airworthiness

Subpart H, entitled Airworthiness Certifica tes, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given t he 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 Aviati on Act (49 U.S.C.§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, operationalcapability, and proximity to airport s and populated areas of the particular UAS. In all cases, an analysis of these cri teria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or s afer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

VI. 14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements

The equivalent l evel of safety will be achieved by keeping a hard copy of
the user manual in close proximity to the operator. The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and o thers working with the
UAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

VII. 14 C.F.R. § 91.103 Preflight Action

As FAA approved ro torcraft flight manuals will not be used an exemption is requested. An equivalent level of safety will be achieved by using the manufactures recommend preflight procedures per the information that is supplied in the DJI 3 Phantom Professional’s manual. Ale x Bancroft will take further action by checking weather, flight battery requirements, landing and takeoff distances, the environment for where the flying will occur, and airspace considerations.

VIII. 14 C.F.R. § 91.109(a): Flight Instruction

The equivalent l evel of safety during the in

- flight training will be achieved by the manufacturer or affiliate providing the training as described in the manufacturer's training program and through the use of experienced and qualified instructors familiar with the UAS

.

IX. 1 4 C

. F

. R

. § 91.119: Minimum Safe Altitudes

No flight will be taken without the permission of the property owner or local
officials. Compared to flight operations with aircraft weighing far more than those proposed herein and the lack of flammable fuel, any risk associatedwith these operations is far less than those presently presented with
conventional aircraft. Given the size, weight, and speed of the DJI Phantom 3 Professional, an equivalent level of safety will be achieved. The UAS will be operated in a uncongested area where consent has been granted by exposed people.

X. 14 C

. F

. R

. 91.121: Altimeter settings

An equivalent level of safety will be achieved by the operator confirming
the altitude of the launch site shown on the GPS altitude indicator before flight. Also, the equivalent level of safety will be achieved given the size, speed, and weight of the DJI Phantom 3 Professional as well as the location of where it is being operated. Alex Bancroft will not fly unless permission of the landowner has bee n granted. Also, the low

- altitude operations of a UAS will ensure that there is plenty of separation between it
and a manned aircraft. The UAS does not have a barometric altimeter, rather it has a GPS altitude read out, thus exemption is requested.

XI. 14 C.F .R. § 91.151(a): Fuel Requirements for Flight in VFR
Conditions

The DJI Phantom 3 Professional will not be able to take off if the battery
level is below a certain level (25% battery level) . The manufactures have
added a return to home action in the case that the battery level drops
below 25% . The DJI Phantom 3 Professional battery provides roughly 20 minutes of powered flight time

XII. 14 C.F.R. § 91.203 (a) & (b) and 91.715 : Carrying Civil Aircraft Certification and Registration and Airworthiness
Certificat es

An equivalent level of safety will be achieved by keeping these documents at the ground Alex Bancroft can have immediate access to them, to the extent they are applicable to such UAS . The FAA has issued numerous exemptions to this regulation , examples include: Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. Because the UAS does not have a cabin nor a cockpit entrance, Alex Bancroft is requesting exemption from 91.715.XIII. 14 C.F.R. § 91.205 (b) Powered civil aircraft with standard category U.S. airworthiness certificates and equipment requirements

An equivalent level of safety will be achieved by using a video system that is displayed to the PIC which includes but is not limited to the following parameters: GPS altitude, GPS sign al, battery and power remaining, flight time, UAS ground speed, etc.

XIV. 14 C.F.R. § 91.215 ATC transponder and altitude reporting

The UAS will not have sufficient useful load and power supply to operate a transponder. To ensure level of safety the UAS wil l not be operated near a public airport.

XV. 14 CFR Subpart E (91.401

- 91.417): Maintenance, Preventive Maintenance, and Alterations

All of the maintenance of the UAS s will be performed by the owner (operator) according t o the manufacturers user manual, w hich can be
found at the bottom of this document under #7. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant

. Maintenance will be performed by the operator pursuant according to he flight manual attached at the end of this request. An equivalent level of safety will be achieved because these small UAS s are very limited in size and will carry a small payload. They will operate only in restricted areas for limited pe riods of time. If do occur the UAS can land and will be operating from no higher than 400 feet AGL. Before flying again, I will assure that the UAS in good working order as instructed by the
DJI Phantom 3 Professional manual.6. Federal Register Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication to the Federal Register, should it be determined that publicatio n is needed: Alex Bancroft seek s and exemption from the following rules:

14 C.F.R. Part 21, Subpart H; 14 C.F.R. 45.23; 14 C.F.R. 45.29; 14 C.F.R. 61.23; 14 C.F.R. 61.113(a) and (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9; 14 C.F.R. 91.103; 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) and (b ); 14 C.F.R. 91.715; 14 C.F.R. 91.205(b); 14 C.F.R. 91.215; and 14 C.F.R. Subpart E (91.401

– 91.417)

Approval of the above exemption requests will allow Alexander Bancroft to commercially operate his small and lightweight unmanned aerial systems,
DJI Ph antom 3 Professional. Alex Bancroft hopes to promote safety and help the public and property by reducing hydrocarbon emissions from manned aircraft. He also hopes that commercially operating his DJI Phantom 3 Professional will help consumers and the econo my.

Th e DJI Phantom 3 Professional weighs less than 25 pounds (see #8), is battery powered, which eliminates hydrocarbon emissions. The UAS operates slow speeds (see #8), close to the ground (see #8), in an uncongested environment, thus making it safe r than conventional manned aircraft. The Phantom 3 will be transported to the area of interest and set up there before flight. It does not carry any passengers therefore risks
involved or much less than that of a conventional manned aircraft. The
UAS will provide a level of safety that is equivalent, if not better, than the
level of safety of manned aircrafts, thus supporting the grant of exemptions requested above and allowing Alexander Bancroft to commercially operate
his DJI Phantom 3 Professional.

7. Li nk DJI Phantom 3 Professional Manual download

http://www.dji.com/product/phantom

- 3/download

8. Link to DJI Phantom 3 Professional specifications

http://www.dji.com/product/phantom

- 3/specIf any additional information is need, or if you have any questions about this p etition, please do not hesitate to contact me.

Respectfully,

Alexander Bancroft Cell: (318) 617

- 8938
Email: bancroft27@gmail.com