### Viewz From Above LLC

Docket Operations, M-30; U.S. Department of Transportation (DOT) 1200 New Jersey Avenue, SE., Room W12-140, West Building Ground Floor,Washington, DC 20590-0001



# Petition for Exemption Parts of Certain Title 14 CFRs in regards to Section 333 of the FAA Modernization & Reform Act of 2012 Concerning Unmanned Aerial Systems (UAS)

Viewz From Above LLC 1525 Crooked S tick Or

. Valrico, FL 33596To Whom It May Concern :
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FMRA") and CFR Part 11 , Viewz From Above, LLC hereby applies for an exemption from Federal Aviation Regulations (FARs) identified below to allow commercial operations of small , unmanned aerial vehicle by and through small , unmanned aerial systems (UAS) for aerial photography and videography

. This exemption is requested in subject to and in accordance with those operations and protocols outlined in this petition , the enclosed UAS Preflight, Safety 

### &Operational Procedures and DJI Phantom 3 Professional Operator's Manual This letter is request for exemption from a number of Title 14 CRF's that relate to the commercial operation of "unmanned aerial systems" (UAS). The following will be included in this request: Name 

### & Information of Petitioner, Executive Summary of Petitioner summarizing the rules Petitioner seeks exemption from and the reasons the exemptions would serve the public good , Specific Title 14 CFR's to which an exemption is sought,the extent and reasons for the requested exemptions, and reasons why safety would not be compromised.


### 1. Description of Petitioner 

### I Personal Information Name: Company: Address: John Scott Mynster (hereafter referred to as "Petitioner") Viewz From Above LLC 1525 Crooked Stick Dr. Valrico, FL 33596 (813) 685-6179 jmynster@earthlink.net The Petitioner was born on 24 September 1958 in Steubenville, Ohio and is a U

.S. citizen

. He is the owner / member of Viewz From Above LLC whose primary clients will be real estate companies in need of aerial photography and video in the area of Central Florida

.The Petitioner is a retired U.S. Navy SEAL Lieutenant Commander acuminating 26 years of naval service

.The Petitioner has flown "unmanned aerial systems" (UAS) for several U.S. Naval Special Warfare (NSW) training and readiness operations. The Petitioner has flown fixed and rotary wing unmanned aerial systems for the past 25 years and acuminated 1OOO's of hours of flight time. The Petitioner has owned and flown a Phantom 2 Vision+ UAS since 2014 and has flown over 100 hours as a hobbyist and had gained proficiency in this aircraft type. The Petitioner has been a continual and active member of the Academy of Model Aeronautics since 1991

. Petitioner is requesting an exemption from the current rules in Section 333 which govern the uses of UAS's for commercial purposes. The Petitioner seeks authorization to perform commercial UAS operations for Real Estate Inspections, Sales and

Viewz From Above LLC 1 525 Crooked S t ick Dr. Valrico, FL33596Advertising

. This would include residential, commercial and rural properties. Prospective customers and clients would include Real Estate Agents and Brokers along with Insurance Companies, Banks and private property owners. There has also been interest shown by various police organizations in this area to be on standby if the need arises for my services. The Title14 CFR exemption that this request includes are: 61.113(a) 

### & (b); 91.7(a); 91.119(a); 91.121; 91.115(a); 91.407(a) (1) & (2); 91.417(a) & (b). Reasons for each request are cited below. 

### 2. Public Good Aerial videography and photography for geographical awareness and for real estate marketing and inspections has been around for a long time accomplished through manned fixed wing aircraft and helicopters. But for small business owners, its expense has been cost-prohibitive. Granting this exemption to the Petitioner would allow him to provide this service at a much lower cost. Further,the small UAS being utilized in this application will pose no threat to the public given its small size and lack of combustible fuel when compared larger manned aircraft. The UAS, while reducing the carbon footprint of aerial video productions, also eliminates noise pollution as its battery powered electric motors are barely audible during take-off phase, and cannot be heard when operating more than 100 feet AGL. The operation of this UAS will minimize ecological damage and promote economic growth by providing information to businesses & individuals in the Central Florida area. 

### 3. Privacy All of the proposed UAS flights will be only conducted after obtaining property owners written permission. All flights will occur over public right of way or private property with property owner' 

### 4. Description of UAS to be Utilized Under Requested Exemptions Petitioner currently owns a DJI Phantom 2 Vision 

### + and Phantom 3 Professional quad copters. The Petitioner intends to use the Phantom 3 Professional as the primary UAS in commercial applications described herein. The Phantom 3 is a quad copter that can take off and land vertically. It weighs approximately 2 lbs. and has a maximum airspeed of approximately 16 m/s (31 knots). This UAS uses lithium polymer batteries to power the unit and has approximately 20-25 minutes charge time. This gives the Phantom 3 Professional UAS approximately 20 - 23 minutes of flight time with sufficient remaining battery charge to land safely. The Phantom 3 Professional being utilized underthis request for exemption has First Person View (FPV) which allows the Petitioner to visually monitor certain telemetry data on a ground station monitor including altitude (AGL), GPS signal strength, battery charge information, direction of travel, etc. The FPV also gives the Petitioner real time video feed from the Hi-Definition (HD) camera showing the UAV direction of travel and what images are being captured. This is a
Viewz From Above LLC 1525 Crooked Stick Dr. Valrico, FL 33596significant safety feature as it displays the attitude of the UAS and its forward direction

. However, this FPV feature will never be used as a tool to deviate from VLOS operation and procedures used by the Petitioner. The DJI Phantom 3 has a selectable Return To Home capability located on the UAS controller which allows the PIC to activate in case of any emergency or safety concerns. The UAS has a built in Return To Home capability linked to "loss of control communication" and remaining battery strength. If the UAS identifies a loss of communication or low battery strength, the UAS will return to its original take off site. 

### 5. Preflight The Petitioner will always follow procedures outlined in the Phantom 3 Operator's Manual and Preflight Check-Off Sheet. A preflight inspection of all hardware, software, environmental will be conducted prior to every flight to ensure safe flight. PIC will ensure safety signs are posted at the site of flight operations and will post a visual observer to monitor the area to ensure safe flying conditions are maintained throughout the flight operation. 

### 6. FCC Information The UAS being utilized for commercial application is a DJI Phantom 3 Professional. This device complies with part 15 of FCC rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. The UAS controller has an operating frequency of 2.400 GHz- 2.483 GHz, FCC: 20 dbm; CE: 16 dbm

. Maximum transmission distance is 2000 meters. The UAS receiver sensitivity is -101 dbm 

### +1- 2 dbm. Video downlink operates on 2.4 GHz ISM 720p @30fps with 220 ms latency. 

### 7
. Description of Intended Commercial Operations The Petitioner seeks authorization to perform commercial UAS operations for Real Estate Inspections, Sales and Advertising. This would include residential , commercial and rural properties. Prospective customers and clients would include real estate agents and brokers along with insurance companies, banks and private property owners. There has also been interest shown by various police organizations in this area to be on standby if the need arises for my services. This work will always be conducted with the permission of the property owner ortheir respective agent. Flight operations will be restricted to flights directly over the property that has granted permission. Safety will always be the primary concern regarding any flight at any time. Prior to conducting UAS flight operations,the Petitioner will post a sign stating: CAUTION UNMANNED AERIAL VEHICLE IN OPERATION. STAY BACK 100 FEET FROM AIRCRAFT. PIC will ensure safety signs are posted at the site of flight operations and will post a visual observer to monitorthe area to ensure safe flying conditions are maintained throughout the flight operation .
Viewz From Above LLC 1525 Crooked S tick Dr. Valrico, FL 33596

### 8. UAS Operating Parameters The enclosed DJI Phantom 3 Professional manual describes, in detail, the operating parameters of the aircraft and procedures. To assist the FAA in its safety assessment of Petitioner's UAS operations below is a summary of operational limitations and conditions, which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:
a. The UAS will weigh less than 5 pounds b. Flights will be operated during daylight and within visual line of sight (VLOS) of sight of the Operator

. c. Maximum total flight time for each operational flight will be limited to the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%. d. Petitioner agrees never to fly the UAS outside of VLOS and also agrees to only fly UAS during daylight hours at altitudes below 400 feet AGL, clearof clouds. The DJI Phantom 3 has a programmable maximum altitude feature and is programmed for 400 feet AGL from the factory.
e. Flights will be operated at a safe lateral and vertical distance from and above any structures, buildings, vehicle, vessels, or people not associated with the operation orwho have not signed a waiver in advance of the operation. f. The UAS pilot will have PIC responsibilities for the flight will be designated "Operator". g. The UAS will operate within a confined 

### I designated area as described in the Flight Operations Manual. h. A briefing will be conducted in regard to the planned UAS operation priorto each day's event for all personnel involved.
1. The Operator (PIC) will have been trained in operations of the UAS and have accumulated sufficient flight hours (1 00 hours in UAS) to be qualified to conduct operations. j. Written permission will be secure by property owners and clients prior to commencing any UAS flight operation. k. Any required permissions and permits will be obtained from territorial, state, county, or city jurisdiction, including local law enforcement, fire or other appropriate government agencies.

Viewz From Above LLC 1525 Crooked Stick Dr. Valrico, FL 33596I. The UAS being deployed underthese exemption requests has the capability of using Global Positioning Satellite (GPS) and visual positioning system to return to its original point of take off if Radio Frequency (RF) signal connection between UAS and the radio control transmitter is lost. If the UAS loses flight control transmission signal, the UAS will have the capability to return to a predetermined location and land

. m. Contingency plans will be in place to safely terminate flight if there is a loss of PIC flight controller, loss of GPS signal or by notification of the visual flight observer.
n. The Visual Flight Observer will notify the PIC to abort the flight in case of unpredicted obstacles or emergencies.
o. The UAS will not be operated within 5 nautical miles of an airport as denoted on a current published aeronautical chart

. 

### 9. Exemption Requests 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 is defined under 401 01 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest The following are a list of Title 14 CFR's which the Petitioner seeks exemption

. Please note that the Petitioner has used Exemption No

. 1 1583to Thomas Raniere (Regulatory Docket No

. FAA-2015-0453) as a reference. Given that the petitioner and Mr

. Raniere intend to use the exemption in similar manners and both use similar equipment, it seemed prudent not to burden the reviewer in this matter with exemption request that have been previously deemed that relief was not necessary. These rules are Part 21 , 45

.23(b), 91.9(b) (2) , 91.1 03(b), 91

.109 and 91.203(a) & (b). If the reviewer believes that these rules need to be addressed in this request,the Petitioner will make a supplemental request including these additional rule exemptions. 

### a. Rule 61.113- Private Pilot Privileges and Limitations Petitioner seeks exemption from Rule 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and which would also have the effect of requiring a second class medical certificate. Because Viewz From Above LLC will operate in a controlled areas,the UAS will be flown based on visual line of sight (VLOS) at altitudes below 400 feet AGL.

Viewz From Above LLC 1525 Crooked S tick Dr

. Valrico, FL 33596The Petitioner is employed by Blackbird Technologies and is contracted to support U

.S

. Special Operations Command and maintains a deployable medical readiness as required to support military deployed operations. 

### b. Rule 91.7(a) Civil Aircraft Airworthiness There is no current FAA regulatory standard for determining airworthiness of UAS and there is no certificate currently available for UAS airworthiness. Petitioner seeks an exemption for this rule by ensuring that the UAS is in airworthiness condition based on compliance with the preflight procedures and operating documents priorto every flight. Flight manuals and other important documents will be kept in a location readily accessible to the PIC at all times

.


### c. Rule 91.119(a) Minimum Safe Altitude Rule 91.118(a) prescribes safe altitudes for the operation of civil aircraft, but allows helicopters to be operated at lower altitudes in certain conditions

. Petitioner seeks an exemption from this rule as Petitioner will only operate the UAS in a range from ground level up to but not exceeding 400 feet AGL and will only operate in safe areas away from the public thus providing a level of safety not available to manned aircraft. The Petitioner asserts that given the size, weight, maneuverability and speed of the UAS, an equivalent or high level of safety will be achieved that from conventional manned helicopters. Petitioner will avoid actively populated areas.These areas will be interpreted to include areas on a FVR chart depicted in yellow and will be supplemented with information from a Flight Standards District Office (FSDO)

. Petitioner intends to operate the UAS over real estate for inspection purposes. Per the exemption granted in No. 11138 concerning 91.119(c) , Petitioner agrees to act in strict accordance to the exemption. However, Petitioner seeks an exemption from the rule stipulating that a UAS cannot be operated within 500 feet of a structure without permission of the owner. Given the intended use, Petitioner will use these exemptions for photography and videography of real estate for marketing and inspection purposes agreement from the engaging property owner or their agent is an absolute necessity. The UAS will only be flown over properties with th is written permission. However, given the housing density in the Central Florida area, maintaining a 500 foot distance from other structures even while strictly flying over a permission granting owner's property is impossible in many instances

.The Petitioner seeks an exemption to this rule which would allow a 50 feet stand-off distance from other structures as long as the UAS is operated completely over and within the property boundary lines of a permission granting property owner. All attempts will be made to notify surrounding property owner of UAS flight operations. Petitioner agrees to always keep privacy right of other property owners in mind

.

Viewz From Above LLC 1525 Crooked S tick Dr. Valrico, FL 33596

### d. Rule 91.121 Altimeter Settings Petitioner's UAS has GPS, Vision Positioning System and barometric sensor capability as stands equipment. The DJI Phantom 3 Professional has a programmable maximum altitude setting. The default altitude setting is 400 feet AGL. Petition intends to use the default setting for all UAS flight operations. The Petitioner believes this rule in not applicable to the UAS operations intended. 

### e. Rule 91.151 (a) Fuel Requirements for Flight in VFR Conditions Petitioner seeks relief from this rule due to the UAS being operated by battery power. Therefore, the requirements under this rule does are not applicable. The UAS in question has First Person Vision (FPV) capabilities which transmits certain telemetry data to a monitor. The PIC can monitor certain aspects of the flight including battery level by viewing the DJI Pilot Application on the controller and visual light indicators on the aircraft. A typical battery for a Phantom 3 Professional will provide a 20-23 minute flight time before total depletion. PIC has the ability to monitor the battery levels at all times and will receive a visual warning when the levels reach 30% and 15% respectfully. The low battery warning alerts allows the PIC with enough battery power to safely land the UAS. Petitioner will never begin a UAS flight unless a fully charge battery is used. 

### f. Rule 91.405(a) Maintenance Required. 91.407(a) Operation After Maintenance, Preventative Maintenance. Rebuilding or Alteration; 91.409(a) (2) Inspections; 91.417(a) (b) Maintenance Records Petitioner seeks exemption from these rules due to it being an alternate inspection requirement of 91.409(a) (2). PIC will inspect and ensure UAS is in a condition for safe flight and adhere to all operating documents. Petitioner will perform a function test flight in a safe environment and adhering to a maximum safe distance of 500 feet from personnel after maintenance or altercation that may affect UAS flight operation. 

### 10. Supplemental Information The Petitioner has provided the following information to support these requests for rule exemptions and personal identification: Appendix a. DJI Phantom 3 Professional Manual Version 1.2 Appendix b

. Copy of Petitioner's Florida Driver's License and Academy of Model Aeronautics Membership Card Appendix c. DJI Phantom 3 Professional Preflight Inspection and Safety Procedures

Viewz From Above LLC 1525 Crooked Stick Dr. Valrico, FL 33596

### 11. Closing The Petitioner believes that exemption from the above listed Title 14 CFRs is warranted given the Petitioner's extensive experience in UAS equipment, maintenance, safety record and accumulated flight hours in both fixed wing and multi-rotor aircraft. Exemption would allow the Petitioner to operate the OJI Phantom 3 Professional for obtaining video and photography for real estate inspections and advertising. Petitioner will adhere to strict safety of flight standards and procedures, ensure the privacy of individuals and property are obseNed and ensure a positive environmental impact during flight operations compared to manned fuel flight operations and the enhanced economic benefit the Petitioner's business would have in this new area of aviation. As it appears that this class of aviation has established itself and is gaining momentum, I am applying for these exemptions to start a new small business and be a member of this exciting time in aviation history. Thank you for your review of this matter
. Please feel free to contact me at any time with request for additional information regarding this matter
. Sincerely,

John S. Mynster Viewz From Above "LLC" 1525 Crooked Stick Dr

. Valrico, FL 33596 (813) 685-6179

Viewz From Above LLC 1525 Crooked Stick Dr. Valrico, FL 33596